The question of whether a felon can own a gun in Texas has a complicated answer. Texas law and federal law say different things, and that conflict puts many people at serious legal risk without realizing it. If you or someone you know has a felony conviction, understanding exactly where each law draws the line is critical before touching a firearm.
What Does Texas Law Say About Felons and Firearms?
Texas Penal Code Section 46.04 governs firearm possession by convicted felons in this state. Under Texas law, a person with a felony conviction cannot possess a firearm until five years pass from the later of two dates: release from confinement or release from supervision under parole, probation, or mandatory supervision.
After that five-year period, Texas law allows limited possession. The felon may keep a firearm at their own home, and nowhere else. The law uses the word “premises,” which covers the building, connected grounds, and outbuildings that make up their residence. It does not include a vehicle, a place of business, or any location away from the home.
Even within Texas law, significant restrictions remain permanent:
- Carrying a firearm in public remains off-limits permanently, even after the five-year window passes
- Applying for or holding a License to Carry in Texas is not an option for anyone with a felony conviction
- Open carry is permanently prohibited regardless of how much time has passed since the conviction
- The five-year clock starts only after the person finishes every part of their sentence, including the last day of parole or probation
What Does Federal Law Say About Felons and Firearms?
Federal law takes a much harder line. Under 18 U.S.C. Section 922(g)(1), any person convicted of a felony faces a permanent ban on possessing a firearm or ammunition. No home exception exists. No time limit clears it. The prohibition applies everywhere and never expires.
Texas permits limited home possession after five years. Federal law does not recognize that exception. A felon who keeps a gun at home in full compliance with Texas Penal Code Section 46.04 still breaks federal law. That violation does not pause. It does not expire. It exists every day that firearm stays in the house.
Why the Conflict Between Texas and Federal Law Matters
This conflict creates a trap many people walk into without realizing it. A person serves their sentence, waits five years, reads the Texas law, and decides they can legally keep a gun at home. They are right under state law. They are wrong under federal law.
Federal prosecution for felon-in-possession is not common when the conduct involves home-only possession and nothing else. Federal prosecutors tend to pursue these cases when other federal crimes are involved or when a search warrant turns up the firearm. But the risk is real and permanent. A federal conviction for unlawful possession of a firearm carries up to 15 years in federal prison. Prior convictions can increase that sentence significantly.
Anyone with a felony conviction who is considering firearm possession needs to understand both laws before making any decision. Compliance with Texas law does not equal safety from federal charges.
What Happens If a Felon Gets Caught with a Gun in Texas?
The consequences depend on when the offense occurs and where.
If a felon possesses a firearm before the five-year period ends, Texas charges them with a third-degree felony under Texas Penal Code Section 46.04. A conviction carries two to ten years in prison and a fine of up to $10,000. If the person carries outside the home even after five years, the result is the same.
On top of state charges, federal prosecutors can independently charge the same person under federal law. A federal felon-in-possession conviction carries up to 15 years in prison. Both prosecutions can happen at the same time. Double jeopardy does not apply between state and federal charges for the same conduct.
If you face charges related to firearm possession after a prior conviction, the stakes are serious. A Texas criminal defense attorney needs to evaluate both the state and federal exposure immediately.
Does a Family Violence Conviction Affect Gun Rights?
Yes, and this surprises many people. Federal law extends the firearm prohibition to misdemeanor convictions involving family violence, not just felonies. A person convicted of a misdemeanor family violence offense faces a permanent federal prohibition on firearm possession, with no five-year exception and no home exception.
Texas law mirrors this for the initial prohibition period but does not always carry the same permanent effect at the state level. Federal law controls, and the federal prohibition for family violence misdemeanor convictions does not expire.
Are There Any Exceptions for Felons in Texas?
One narrow exception applies to antique firearms. Texas law and federal law both exclude certain antique firearms from the definition of “firearm.” An antique firearm generally means a weapon manufactured before 1899 or a modern replica that does not use rimfire or centerfire fixed ammunition. Most traditional muzzleloaders and black powder guns qualify under this definition.
A person with a felony conviction may legally possess an antique firearm under both Texas and federal law without triggering the restrictions in Texas Penal Code Section 46.04 or 18 U.S.C. Section 922(g). The definition is technical, though. If you believe a specific firearm qualifies as an antique, get legal confirmation before relying on that exception.
Can a Felon Ever Get Full Gun Rights Back in Texas?
Restoring full gun rights after a felony conviction in Texas is extremely difficult. The primary path runs through a full pardon with restoration of firearm rights. A person applies to the Texas Board of Pardons and Paroles, which investigates the case and may recommend a pardon to the Governor. The Governor cannot act without that recommendation. The Board applies a high standard, considering pardons only in extreme and unusual circumstances.
Expungement and nondisclosure orders help clear records in many situations, but they do not automatically restore firearm rights under federal law. Even with a sealed or expunged record, federal agencies may still treat the underlying conviction as a disqualifying event depending on how the case resolved.
Anyone pursuing restoration of firearm rights needs legal guidance specific to their conviction and their record. The process is not straightforward, and the consequences of getting it wrong are severe.
What If You Were Charged with a Crime That Could Become a Felony?
A felony conviction triggers all of these restrictions permanently. If you currently face criminal charges and a felony conviction is possible, your gun rights are one of many long-term consequences at stake. Fighting the charges aggressively and working toward the best possible outcome protects more than your freedom in the short term.
The violent crime defense attorneys at McCarty-Larson, PLLC defend clients facing serious criminal charges throughout Johnson County, Ellis County, Tarrant County, and Dallas County. If a conviction could cost you your gun rights or you already face firearm-related charges after a prior felony, reach out for a free consultation. We will go through the facts and tell you exactly where things stand.
Contact McCarty-Larson, PLLC today for a free consultation. Call 972-775-2100 or reach out online to speak with a Texas criminal defense attorney about your case.