Imagine this: You’ve had a run-in with the law in the past. Maybe it was a mistake made in the heat of the moment, or perhaps it was a situation that spiraled out of control. Now, you’re trying to move forward, rebuild your life, and protect yourself and your family. But there’s a question that keeps lingering in your mind: Can you legally own a gun in Texas with a criminal record?
This is a question many Texans with a criminal past face, especially given the state's strong gun culture and the emphasis on the right to bear arms. If you’re concerned about your rights, an experienced criminal defense attorney in Bryan can help you understand how Texas law intersects with your criminal record and what options you may have to restore your gun ownership rights.
Understanding the Basics: Federal vs. State Law on Gun Ownership
Before diving into the specifics of Texas law, it’s important to note that gun ownership laws in the United States are governed by both federal and state regulations. While Texas has some of the most permissive gun laws in the country, federal law plays a significant role in determining whether or not you can own a firearm.
Federal Law on Gun Ownership and Criminal Records
Under federal law, specifically the Gun Control Act of 1968, certain individuals are prohibited from owning or possessing firearms. This includes anyone who has been convicted of a felony or a misdemeanor involving domestic violence. A felony is typically defined as a crime punishable by more than one year in prison, although this can vary depending on the offense and the state in which it occurred.
If you fall into one of these categories, federal law prohibits you from owning or possessing a firearm, regardless of any state laws that might seem to say otherwise. Violating this law can lead to serious consequences, including additional felony charges and substantial prison time.
Texas Law on Gun Ownership and Criminal Records
Texas law generally aligns with federal regulations, but it does offer some additional pathways for those with a criminal record who wish to regain their gun rights. A criminal defense lawyer who understands these nuances can help you know where you stand.
Felony Convictions: A Long-Term Impact
If you’ve been convicted of a felony in Texas or any other state, your right to own a gun is immediately impacted. Under both federal and Texas law, a felony conviction results in the loss of your right to possess or purchase firearms. This restriction is generally permanent, but there are certain circumstances where this may change.
Waiting Period After Completing Sentence
Texas law provides a potential avenue for individuals convicted of a felony to regain limited gun rights.
According to Texas Penal Code Section 46.04, a person convicted of a felony may legally possess a firearm in their own home under specific conditions:
- Five years must have passed since the completion of the person’s sentence, including any probation, parole, or supervised release.
- The firearm must be kept at the person’s residence and cannot be carried outside the home.
This means that while you can’t legally carry a firearm in public or purchase a new one, you may be able to keep a gun at home for personal protection after this five-year period has passed. However, this does not override federal law, which still prohibits firearm possession for convicted felons.
Restoration of Rights
In some cases, you may fully restore your firearm rights, but this complex process often requires legal assistance.
In Texas, restoration of gun rights can require a full pardon or a relief from disabilities granted by a federal court.
- Full Pardon: A pardon from the governor or the President of the United States can restore your civil rights, including the right to own a firearm. However, pardons are rarely granted and usually require a strong case for rehabilitation and good conduct.
- Relief from Disabilities: Federal law allows for relief from the firearms disabilities imposed by a conviction, but this relief is seldom granted. It requires a petition to the court and a demonstration that you no longer pose a threat to public safety.
Navigating this process can be challenging, and it’s crucial to have an experienced attorney guide you through it. Shane Phelps Law can evaluate your case, explore your options, and work toward restoring your rights.
Misdemeanor Convictions: Domestic Violence and Other Misdemeanors
While felony convictions have a clear and significant impact on gun ownership, misdemeanors, particularly those involving domestic violence, also carry restrictions.
Domestic Violence Misdemeanors
If you’ve been convicted of a misdemeanor involving domestic violence, federal law prohibits you from owning or possessing a firearm. This includes any offense that involves the use or attempted use of physical force or the threat of a deadly weapon against a spouse, partner, or family member.
Texas law also enforces these restrictions, meaning that even a seemingly minor altercation can result in a lifetime ban on gun ownership. Unlike felonies, there is no five-year waiting period or similar provision that allows for limited gun ownership in the home after a domestic violence conviction.
Other Misdemeanors
For other types of misdemeanor convictions, Texas law does not impose a permanent ban on gun ownership. However, if you were convicted of a Class A or Class B misdemeanor, you may not carry a handgun under Texas’s License to Carry (LTC) law for five years following your conviction. After this period, you may apply for a handgun license.
Protective Orders and Gun Ownership
Another critical factor in Texas gun ownership law is the existence of protective orders. If you are subject to a protective order, including temporary restraining orders or emergency protective orders, you generally cannot possess a firearm for the duration of the order. This prohibition applies even if the underlying offense was not a felony or a domestic violence misdemeanor.
Violating this prohibition can result in severe penalties, including criminal charges and possibly jail time. You must comply with any protective orders and seek legal advice if you wish to challenge the order or address its impact on your gun rights.
Juvenile Convictions and Gun Ownership
If you have a criminal record stemming from actions taken as a juvenile, the impact on your gun ownership rights can be different from those with adult convictions.
Juvenile records are generally sealed and may not result in the same permanent restrictions as adult convictions. However, certain serious offenses committed as a juvenile can still lead to restrictions on gun ownership.
If you don’t know how your juvenile record affects your gun rights, consulting with an attorney is the best course of action. Shane Phelps Law can help review your record and advise you on your rights and options moving forward.
What to Do If You’re Unsure About Your Gun Rights
Given the complexity of gun laws in Texas and the interplay with federal regulations, it’s not uncommon to be uncertain about your rights. If you’re unsure whether your criminal record prohibits you from owning or possessing a firearm, talk to a criminal defense attorney before attempting to purchase or carry a gun.
Attempting to buy a firearm when you’re prohibited from doing so can result in serious legal consequences, including criminal charges. It’s better to be safe and informed by consulting with a knowledgeable attorney who can clarify your situation.
How Shane Phelps Law Can Help
Facing legal challenges related to gun ownership in Texas can be daunting, especially when trying to navigate the complexities of state and federal law on your own.
Whether you’re seeking to restore your gun rights after a felony conviction, unsure of how a misdemeanor affects your ability to own a firearm, or need advice on compliance with protective orders, Shane Phelps Law is here to help.
With years of experience in criminal defense and a deep understanding of Texas law, Shane Phelps and his team can provide the guidance and support you need to protect your rights and make informed decisions.
Our firm is committed to offering compassionate, personalized legal services tailored to your unique circumstances.
Moving Forward with Confidence: Contact the Law Office of Shane Phelps
Your past doesn’t have to define your future. While a criminal record can complicate your rights as a gun owner in Texas, it doesn’t necessarily mean those rights are lost forever. By taking the right steps and seeking the appropriate legal help, you may regain some or all of your gun rights and move forward with confidence.
If you have questions about your ability to own a gun in Texas with a criminal record, don’t wait until it’s too late. Contact Shane Phelps Law today to schedule a consultation and learn more about how we can assist you in navigating this complex area of law.
We’re here to help you understand your rights, explore your options, and take the next steps toward a secure and lawful future.
Call our Bryan, Texas, office 24/7 at (979) 775-4100 or contact us online.
Shane Phelps
Lead Attorney
As founder of Shane Phelps Law, Bryan/College Station criminal defense attorney Shane Phelps has a reputation as a leading trial lawyer in the Central Texas area. With decades of experience as both a prosecutor and a criminal defense attorney, Shane has tried more than 300 jury trials, everything from DWI to Capital Murder.
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