Firearm Law

Can a Person Own a Firearm if They Were Convicted of a Felony?

A person convicted of a felony could be punished by prison time and/or fines. In addition, under both state and federal laws, the individual also faces the loss of their right to own a firearm.

Texas Firearm Laws

Under Texas Government Code Sections 411.172 and 411.186, a person’s gun license can be revoked and their eligibility terminated if they were convicted of a felony. The law only applies to convictions, which means the individual is not barred from owning a firearm if any of the following apply:

  • the charges were dropped,
  • the case was dismissed, or
  • the conviction was later expunged or pardoned.

Texas Penal Code §46.04

If a convicted individual possesses a gun, they are in violation of Texas Penal Code §46.04, Unlawful Possession of a Firearm. They could be charged with a third-degree felony, which is punishable by a 2- to a 10-year prison sentence and a fine of up to $10,000.

Restoring Firearm Rights in Texas

A person’s gun rights can be restored five years after release from prison or completion of parole, whichever date is later, by submitting the Restoration of Firearm Rights application to the Texas Board of Pardons and Paroles. However, after the gun restriction has been lifted, the individual is only allowed to possess a firearm inside their home.

Federal Firearm Laws

Although an individual may have had their gun rights restored under Texas law, it may still be illegal under federal law to possess a firearm either inside or outside of their home. According to Federal law 18 U.S.C. 922(g)(1), it is “unlawful for any person who has been convicted in any court of a crime punishable by imprisonment for a term exceeding one year.” Anyone who knowingly violates this law can be punished by up to 10 years in prison.

Schedule a Free Case Review with Rodriguez & Gimbert

If you were charged with a felony, it is imperative to seek legal help right away to protect your rights. Our attorneys have over 45 years of combined legal experience and can develop an effective defense for your case. We will work hard to challenge the prosecutor’s evidence to get charges reduced or dropped.

To speak with one of our attorneys, call us at (979) 559-3599 or contact us online.