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Last Modified on Sep 19, 2026
Felons are prohibited from owning guns by federal law, but Texas law is a little different. We can provide a comprehensive answer to the question: Can a felon own a gun in Texas? If you have further questions, feel free to reach out to our staff.
Felony Convictions and Firearm Rights
Receiving a felony conviction generally revokes your right to own firearms. You usually cannot purchase, own, or shoot a firearm with a criminal history that includes felonies, but don’t give up hope. There are some loopholes you should know about.
Texas vs. Federal Law
Federal law prohibits the possession of firearms by felons completely. Texas law, on the other hand, allows felons to possess firearms in their residences after five years. The five-year period begins after any parole or probationary period is finished, and the law only applies to possession within the person’s home.
The problem for felons who want to keep firearms in their home is that while they aren’t doing anything illegal according to the Lone Star State, they can still be prosecuted under applicable federal laws. This is, however, very rare. It comes up most often when search warrants are issued, typically during an investigation for other federal crimes.
Felony Gun Crimes
Under Texas Penal Code 46.04, you can be found guilty of unlawfully possessing a firearm, even if it’s in your home, in the five years following your completion of the sentence. You could still face this 3rd-degree felony charge if you are caught with a firearm outside of your home after five years have gone by.
Gun Ownership Among Texans
Around 36% of Texans report owning at least one gun. Because private sales are not regulated, there is no widely accepted statistical evidence regarding how many of those people are convicted felons. Given that over nine million people in the state have criminal records, and Texas law permits gun ownership by felons in their homes, it can be assumed that a relevant percentage of felons who have done their time also possess firearms.
What to Do if You Are Facing Possession Charges
If you’re facing charges for being a felon in possession of a firearm, the first thing you should do is consult a gun crime lawyer. Your attorney can assist you with all aspects of your case, seeking out weaknesses in the prosecution’s case against you, coming up with an effective defense strategy, and uncovering evidence that could be used to support your case.
You have certain rights under the Texas Constitution, even if you are a convicted felon. Working with a skilled attorney is the most effective way to protect those rights and maintain your freedom in the face of gun crime charges.
FAQs
What Felonies Stop You From Getting a Gun?
Any felony stops you from getting a gun for five years in Texas if you are convicted of the charges brought against you. Even after five years have gone by, you may still be subject to federal laws, which prohibit felons from possessing guns, and you may not be able to carry the gun in public, take it hunting, or transport it in a vehicle legally.
Can I Possess a Gun in My House if I Live With a Felon in Texas?
You may not be able to possess a gun in your house if you live with a felon in Texas unless five years have gone by since the completion of their sentence and the person has become eligible to keep a firearm in their residence. Otherwise, the theory of constructive possession allows courts to charge felons with possession of a firearm if they know the guns are in the home and they can easily reach them.
How Can a Felon Restore Their Gun Rights in Texas?
A felon can only fully restore their gun rights in Texas if they receive a Governor’s Pardon. At that point, the felon can apply to restore their firearm rights. You never lost your gun rights back if you faced felony charges, but they were dismissed, or if you were acquitted.
Hire a Gun Crime Lawyer Today
If you’re facing charges as a felon in possession of a firearm, you need to take action immediately and hire a gun crime lawyer who can help. An experienced Texas gun crime attorney from Harris & Harris Law Group, PLLC, can assist you with all aspects of your case, from gathering evidence to constructing an effective defense. You can contact us to schedule an initial consultation regarding your gun crime case today.
