Contrary to popular opinion, Texas has some strict firearm laws, especially when it comes to people with felony convictions. These laws can be complex and confusing, but understanding them is crucial for anyone with a criminal record or facing potential charges.

This guide aims to shed light on the often misunderstood world of Texas firearm laws as they relate to felony convictions. We’ll explore:

• Current legal restrictions on firearm possession for those with felony records
• Potential consequences of violating these laws
• Options for restoring firearm rights in certain situations

Whether you’re trying to stay on the right side of the law or looking to understand your options after a conviction, this information can be vital. Our goal is to provide clear, accurate information to help you navigate these challenging legal waters – and help you figure out when contacting a Fort Worth firearms lawyer might be necessary.

State vs. Federal Firearm Laws for Felons

First, it’s important to note that felons have to consider both Texas law and federal law when it comes to firearms. That reality can result in some complications.

“According to Texas State law, if you have been convicted of a felony, then you lose the right to a firearm,” says Graham Norris, founder of Norris Legal Group. “At first, you lose all rights to possess or transfer firearms or ammunition. However, after five years have elapsed from the time that your probation or parole or prison sentence ends, whatever is the latest, you are allowed under Texas law to possess a firearm in your own home.”

That applies to home protection only, so you can’t take it to other places, such as to go hunting.

While Texas makes this allowance, it’s a different story at the federal level.

“Under federal law, if you are convicted as a felon, then you lose that right forever,” Graham says. “And so the situation we run into sometimes is where somebody has been accused of breaking a federal law but not state law.”

Graham notes that this is less common – it’s relatively rare for an FBI or ATF agent to encounter a regular citizen, especially for people who just keep a gun in their home. Usually, the accusing authority is a state authority, and therefore Texas law will apply.

Definition of a Felon Under Texas Law

In Texas, a felon is defined as any individual who has been convicted of a crime classified as a felony, either in Texas or elsewhere. This status significantly impacts the individual’s rights, including the right to possess firearms.

It’s important to note that this restriction applies even after the completion of a prison sentence or probation period. For many felons, regaining firearm rights requires navigating complex legal procedures and meeting strict eligibility criteria.

Consequences of Illegal Firearm Possession for Felons in Texas

If you’re a felon, you should understand there are severe consequences for an illegal firearm possession conviction. The Texas Penal Code  § 46.04 outlines specific penalties for those who violate these laws.

Timeframe and Location Restrictions

1. Within Five Years of Release: If you’ve been convicted of a felony, you cannot possess a firearm for five years after your release from prison, community supervision, parole, or mandatory supervision – whichever comes last. Violating this law is a third-degree felony.
2. After Five Years: Even after this five-year period, you can only possess a firearm in the place where you live. Possessing a firearm anywhere else remains illegal.

Penalties for Violation

• Third-Degree Felony: Illegally possessing a firearm as a felon is typically charged as a third-degree felony. This can result in:
  • Prison time: 2 to 10 years
  • Fines: Up to $10,000

Special Circumstances

1. Domestic Violence Convictions: If you’ve been convicted of domestic violence (even as a misdemeanor), you cannot possess a firearm for five years after your release from confinement or community supervision.
2. Active Protective Orders: If you’re subject to an active protective order, possessing a firearm is illegal and is treated as a Class A misdemeanor.

What Counts as a Felony?

The law considers an offense a felony if:

• It’s designated as a felony by Texas law
• It contains all elements of what Texas law defines as a felony
• It’s punishable by one year or more in prison

However, if the offense at the time of firearm possession isn’t currently considered a felony under Texas law, it may not meet the elements of the statute.

Long-Term Impact

Remember, a conviction for illegally possessing a firearm as a felon can have serious long-term consequences beyond the immediate legal penalties. It can affect:

• Future employment opportunities
• Housing options
• Your ability to restore gun rights in the future

If you’re unsure about your rights or facing charges related to firearm possession, it’s important to consult with a qualified attorney who can provide guidance based on your specific situation.

Restoring Firearm Rights in Texas

Restoring firearm rights for felons in Texas is a complex process that requires navigating both state and federal legal systems. While the path to regaining these rights is challenging, it is not impossible.

Limited Restoration of Gun Rights in Texas

As noted above, Texas law allows felons to possess a gun five years after their probation, parole, or prison sentence ends, whichever comes later. However, they may only possess the gun in their home for home defense.

Full Restoration of Gun Rights in Texas

If you’ve been convicted of a felony, the only way to fully restore your gun rights in Texas is to submit an application to the Clemency Section of the Texas Board of Pardons and Paroles. To do this, you can fill out a Restoration of Firearm Rights application.

However, keep in mind that it is unusual for a felon to receive a full restoration of their gun rights. Here is what the Texas Administrative Code says about the process:

1. Extreme and Unusual Circumstances: The Board only considers restoration in cases where the lack of firearm rights prevents you from earning a living. You must prove these extreme circumstances.
2. Eligibility Requirements: You must provide one of the following:
   • Proof of a previously granted full pardon, OR
   • A pending application for a full pardon that includes a request for firearm rights restoration, OR
   • Proof of successfully completing a punishment similar to deferred adjudication community supervision.
3. Federal Application: You must apply to the Director of Alcohol, Tobacco, Firearms and Explosives (ATF) for relief from firearms disabilities under U.S. Code, Title 18, Section 925(c). You need to provide copies of all communications with the ATF about this application, including any final decisions.

Remember, the burden of proving your case rests entirely on you as the applicant. Given the complexity of these requirements, it’s highly advisable to seek legal assistance when pursuing firearm rights restoration in Texas.

The Federal Law Caveat

Again, while Texas law allows for partial restoration of firearm rights, federal law does not. Nothing outside of a presidential pardon will restore a felon’s gun rights at the federal level, unless the law itself is changed.

The Antique Firearm Exception: What You Need to Know

If you have a felony conviction, you might still be able to own certain types of old or replica guns.

What Counts as an Antique Firearm?

Under Texas law, an antique firearm is:

• A gun made before 1899, OR
• A replica of a gun made before 1899, but only if it doesn’t use modern ammunition (rim fire or center fire)

Federal law is similar but also exempts muzzle-loading guns that use black powder, even if they’re modern.

Can Felons Own Antique Firearms?

Generally, yes. The federal Bureau of Alcohol, Tobacco, Firearms and Explosives (ATF) says that federal law doesn’t stop people with felony convictions from having antique firearms.

However, there are some important things to remember:

1. Some muzzle-loading guns are still classified as regular firearms by the ATF. Felons can’t own these.
2. State laws might be different. Always check your local laws.
3. If you’re not sure, it’s best to talk to a lawyer.

Why This Matters

This exception exists because these old-style guns are often considered collectors’ items or are used for historical reenactments. They’re generally less dangerous than modern firearms.

Be Careful

Even though there’s an exception for antique firearms, the law is complex. If you have a felony conviction and you’re thinking about getting an antique gun:

1. Double-check that it truly qualifies as an antique under both state and federal law.
2. Be aware that some muzzle-loaders might still count as regular firearms.
3. Consider talking to a lawyer to make sure you’re following all the rules.

Remember, it’s always better to be safe than sorry when it comes to gun laws, especially if you have a felony conviction.

Why Choose Norris Legal Defense to Protect Your Gun Rights

Are you facing a felony charge and worried about losing your gun rights? Or are you a felon concerned about firearm possession charges? Whatever the case, Norris Legal Group is here to help.

Here’s how we can protect your rights:

1. Prevent Felony Convictions: We will fight to keep a felony from going on your record through a “not guilty” verdict, a settlement, or reduced charges. This can help you keep your gun rights and avoid the harsh consequences of a felony conviction.
2. Defend Against Possession Charges: If you’re a felon facing charges for possessing a firearm, we know the ins and outs of Texas gun laws and can build a strong defense for you. Just because you’re accused doesn’t mean you’re guilty.
3. Understand Your Rights: We will explain Texas and federal gun laws in simple terms, so you know exactly where you stand and what your options are.
4. Develop a Personalized Strategy: Every case is unique. We will create a plan tailored to your specific situation to achieve the best possible outcome.
5. Represent You in Court: If your case goes to trial, we will fight for you every step of the way, using his deep knowledge of Texas gun laws to your advantage.
6. Explore All Options: From plea bargains to trial strategies, we will consider every possible approach to protect your rights and freedom.

Graham’s experience with Texas gun laws means he understands the complex legal landscape you’re navigating. He knows that keeping your gun rights is about more than just owning firearms – it’s about protecting your freedom and future opportunities.

Act Now: Get a Free Consultation Today

If you are a felon seeking to restore your firearm rights in Texas, it is essential to act quickly and secure experienced legal representation. Our team of dedicated attorneys is committed to helping you restore your rights, just as we’ve helped others secure theirs.

Don’t wait until it’s too late. If you’re facing charges that could affect your gun rights, or if you’re a felon concerned about firearm possession, contact Norris Legal Group today. We are ready to fight for your rights and help you move forward with confidence.