What Disqualifies You From Owning a Firearm in Texas
Federal law sets the floor. Texas mostly mirrors it. Here’s the list of things that take away your right to own.
Under federal law (18 U.S.C. Section 922(g)), a person is prohibited from possessing firearms if any of these apply.
The federal list
- Convicted of a crime punishable by more than one year in prison, most felonies.
- Fugitive from justice.
- Unlawful user of, or addicted to, a controlled substance. This includes marijuana under federal law even where state law allows it.
- Adjudicated as mentally defective or committed to a mental institution.
- Illegally in the United States, or admitted under a non-immigrant visa (with limited exceptions).
- Dishonorably discharged from the Armed Forces.
- Renounced US citizenship.
- Subject to a court order restraining you from harassing, stalking, or threatening an intimate partner.
- Convicted of a misdemeanor crime of domestic violence.
- Under indictment for a crime punishable by more than one year in prison.
Texas layer
Texas Penal Code Section 46.04 makes it a state crime for a convicted felon to possess a firearm, generally for 5 years after release from confinement, parole, or probation, whichever is later. After 5 years, state law still restricts possession to the felon’s residence. Federal law is stricter and applies as a lifetime bar for most felony convictions.
Getting rights restored
Restoration is possible in some cases through a pardon, expunction, or a specific federal process. Talk to a Texas attorney who handles firearm rights restoration. Don’t guess. Don’t try to buy a gun while you’re figuring it out. The penalty for possession by a prohibited person is a federal felony punishable by up to 10 years.
Stay safe. Semper Fi.
Gunny
Straight talk: This is education, not legal advice. Gun law changes. Consult a Texas attorney for your specific situation, and always confirm current rules with the Texas Department of Public Safety and the ATF.
