Can a convicted felon carry a firearm in Texas?
- Can a convicted felon carry a firearm in Texas?
It should come as no surprise that owning a firearm is quite common in Texas. Though the second amendment protects the right to keep and bear arms, lawmakers believe it is dangerous to allow those convicted of serious crimes to keep and bear arms.
Texas law allows convicted felons to possess a firearm in their own home under limited situations: after 5 years have passed since the person’s release from confinement, parole, or probation. The law also allows people convicted of family violence to possess firearms after five years, regardless of when they were released from jail or probation.
In Texas, the only way for a felony offender to regain his right to own a gun is through full pardon. Given the governor’s office’s extremely limited amount of pardons, a pardon is highly unlikely and incredibly expensive. Until Texas state law regarding “felon in possession” is changed, it is a felony to possess a firearm unless five years have passed since a sentence has been completed, and then only in the residence for self-defense.
Can a felon hunt in Texas?
In Texas, convicted felons may obtain a hunting license, but the types of weapons they may use are currently restricted. State and federal laws prohibit them from possessing hunting weapons such as centerfire and rimfire rifles, shotguns, and handguns. They are only allowed to hunt with bows, crossbows, and antique muzzle-loading guns made before 1899, or replicas of them that do not use rimfire or centerfire ammunition, under current law.
Can a Felon Buy a Gun After 10 Years in Texas? State vs. Federal Law
If you have been convicted of a felony in Texas, you are not permitted to possess a firearm in your home for five years from the date your sentence was completed. In other words, you can keep a firearm in your home for the next five years after completing your incarceration or parole sentence. However, federal law does not apply to felons in possession of a firearm in the same way that state law does.
As a result, and although convicted felons can lawfully possess a firearm in their home in limited circumstances under Texas law, they can still be charged and convicted under federal law. Federal law prohibits convicted felons from possessing a firearm. The current federal policy is to defer to state law on this topic, so a defendant would be unlikely to face prosecution, but it is still worth consideration.
Section 46.04 of the Texas Penal Code governs Unlawful Possession of a Firearm.
(a) A person who has been convicted of a felony commits an offense if he possesses a firearm:
- after conviction and before the fifth anniversary of the person’s release from confinement following conviction of the felony or the person’s release from supervision under community supervision, parole, or mandatory supervision, whichever date is later; or
- after the period described by Subdivision (1), at any location other than the premises at which the person lives.
(b) A person who has been convicted of an offense under Section 22.01, punishable as a Class A misdemeanor and involving a member of the person’s family or household, commits an offense if the person possesses a firearm before the fifth anniversary of the later of:
- the date of the person’s release from confinement following conviction of the misdemeanor; or
- the date of the person’s release from community supervision following conviction of the misdemeanor.
(c) A person, other than a peace officer, as defined by Section 1.07, actively engaged in employment as a sworn, full-time paid employee of a state agency or political subdivision, who is subject to an order issued under Section 6.504 or Chapter 85, Family Code, under Article 17.292 or Chapter 7A, Code of Criminal Procedure, or by another jurisdiction as provided by Chapter 88, Family Code, commits an offense if the person possesses a firearm after receiving notice of the order and before expiration of the order.
Can I Buy a Gun in Texas if I Have a DWI?
Can a DWI prevent me from possessing a firearm? The answer to whether you can possess a firearm if you have a DWI depends on the charges you face. We always say maybe to this question, and we’ll explain why.
A first-time DWI offense in Texas is usually charged as a class B misdemeanor. A DWI charge automatically suspends your existing firearms license even as your case is being investigated. If you are found guilty, your license will be revoked and you’ll have to wait five years before you can apply for a new one.
If you are charged with a second DWI in Texas, you will be charged with a class A misdemeanor and will most likely be denied a firearms license. Under Texas law, anyone convicted of two drug or alcohol-related offenses within ten years is regarded as chemically dependent and will be denied a firearms license.
Can you buy a gun in Texas with a misdemeanor drug charge? Yes, the answer is YES. A person with a DUI (or someone under 21) can buy a gun as long as they are not presently charged with a Class B or A misdemeanor, or any charge that could land them in jail for more than a year.
A DWI conviction in Texas is considered a felony if:
- This is your third DWI offense.
- You had a child in your car when you were arrested. You caused serious
- harm or death to another person.
- Being a convicted felon does not preclude you from owning a firearm.
It does, however, imply that there are significant constraints:
- You must wait five years after your release from prison or the end of your parole to reapply.
- Your firearms are not permitted to leave your home.
- If you are caught with a firearm somewhere else, you will be arrested right away.
so, Can a DUI prevent you from buying a gun?
Can I buy a gun if I have a felony DUI? If you have a felony on your record, you cannot purchase a gun in Texas, regardless of whether you have a DUI or a DWI, or whether you are younger than 21 or older than dirt. There are a few exceptions to this rule, but they are rare. A good DWI lawyer, on the other hand, can assist you in avoiding a felony conviction, having your conviction expunged from your record, or having your record sealed.
The best way to ensure that you can keep your firearm after a Texas DWI arrest is to fight your charges. Working with an experienced Texas DWI defense lawyer will stand a better chance of beating your charges.
Possession of a Firearm by a Convicted Felon in Texas is a Crime.
A person convicted of a felony in Texas can be charged with unlawful possession of a firearm. To convict a defendant of possession of a firearm by a convicted felon, prosecutors must prove the following elements:
- The defendant possessed a firearm following a felony conviction but before the fifth anniversary of the defendant’s release from confinement having followed a felony conviction, or
- The defendant’s release from prison or community supervision, mandatory supervision, parole, or any other type of supervision, or
- Following the same period at any location other than the defendant’s residence