What You Need To Know About Gun Rights And Criminal Convictions
In Texas, the right to bear arms is deeply rooted in both state culture and law, but a criminal conviction can dramatically change your ability to legally own or possess a firearm. Whether you’re facing charges or have already been convicted, it’s important to have a conversation with a Houston criminal lawyer so you can fully understand how your gun rights can be affected.
How Criminal Convictions Affect Gun Ownership
Texas law generally mirrors federal law when it comes to restrictions on firearm possession. Under both, certain convictions can disqualify you from owning or carrying a firearm. Sometimes this disqualification is temporary, sometimes it is for life.
- Felony convictions. If you are convicted of a felony, you lose your right to possess a firearm. According to Texas Penal Code, a convicted felon may not possess a firearm until five years after completing their sentence, including parole or probation. Even then, you can only possess a firearm in your home. So not in your car, not in public, and not while hunting.
- Domestic violence and protective orders. Convictions for domestic assault or being the subject of a family violence protective order can also prohibit you from possessing a firearm under federal law. These restrictions often last much longer than the sentence itself and may apply regardless of whether the offense involved a weapon.
- Drug and other misdemeanor offenses. Some misdemeanor convictions, particularly those involving drugs or violence, can impact your ability to legally own a gun, depending on the circumstances. Repeated offenses may also lead to enhanced charges, further complicating the situation.
An important point to recognize is that even if Texas law allows you to have a firearm after a certain period, federal law may still prohibit it. That means you could technically be in compliance with state law but still risk federal prosecution. This is a serious situation that highlights the need for careful legal guidance.
Restoring Your Gun Rights
Obtaining access to a firearm after a conviction isn’t easy, but in some cases, it’s possible. For example, if your case was dismissed, you were acquitted, or you completed deferred adjudication, you may be eligible to have your record expunged or sealed through an order of non-disclosure. This can help you regain rights lost due to criminal charges.
A full pardon from the Governor of Texas can also restore your civil rights, including the right to possess a firearm. That said, pardons are rarely granted and typically require a strong showing of rehabilitation, time passed since the conviction, and community support.
Gun law violations carry steep penalties, you don’t want to be on the wrong side of the law. If you’re facing a charge or have a conviction and are unsure how it affects your gun rights, consult a Houston criminal lawyer. With the right legal strategy, you may be able to protect, or even reclaim, your Second Amendment rights.
Should you talk to an attorney about your situation? Bring your questions and concerns to the attention of the legal team at Ayson Law Firm. When you are ready to access legal support, contact us.
