Felons & Firearms

Texas and Federal Law

Below you will find references to areas of the Texas Penal Code and federal law that govern possession of firearms by people with a felony conviction. If you find these statutes difficult to understand, you may want to view the “plain English” resources on this page or speak to an attorney.

Texas Penal Code, Chapter 46
This chapter, "Weapons," discusses criminal offenses related to carrying, buying, and selling firearms. It also defines firearms and other types of weapons. Sec. 46.04 discusses the unlawful possession of a firearm including restrictions on people with felony convictions.
Section 922 in Title 18 of the U.S. Code
This section of the U.S. Code discusses various unlawful acts related to guns. Subsection (g) sets out who may be barred from possessing a firearm. Subsection (d) discusses the offense of providing a firearm to a person who is barred from owning one.

Understanding the Law

Who is prohibited from having a firearm?

Identify Prohibited Persons
This page from the Bureau of Alcohol, Tobacco, and Firearms (ATF) describes the types of people who are ineligible to purchase or possess firearms according to federal law.
Categories of Prohibited People in Texas
This page discusses who is prohibited from purchasing or possessing a gun according to Texas law. The page is provided by the Giffords Law Center, a nonprofit devoted to preventing gun violence.

Texas Laws vs. Federal Laws

Texas laws and federal laws differ when it comes to the possession of a firearm by a felon or other prohibited person. The resources below explain those differences and discuss the implications.

Laws Banning Gun Possession After a Criminal Conviction
This article from Nolo, a legal encyclopedia, explains the intersection between state and federal laws on owning a gun after a criminal conviction.
Can Someone Who Has Been Convicted of a Felony Own a Gun?
This FAQ discusses Texas law and Federal laws that place restrictions on those with felony convictions from owning firearms.
Can a Felon Legally Have a Gun in Texas?
KHOU, a news station in Houston, published this article in 2017 that investigates both Texas and federal law on possessing a firearm if you have a felony conviction.
Convicted Felons Possessing Firearms in Texas
This private attorney's website discusses Texas laws related to possessing a firearm if you have a felony conviction.
Quick Reference to Federal Firearms Laws
The Justice Department provides this handy guide with short explanations of federal gun laws including prohibitions against possessing a gun if you have a felony conviction.
Unlawfully Possessing Firearm
This private attorney's website addresses some frequently asked questions about the unlawful possession of a firearm.
Can I Own a Gun if My Spouse, Partner, or Someone I Live With Was Convicted of a Felony?
This FAQ discusses the question of whether a person can keep a firearm in their home if someone they live with is prohibited from possessing firearms.

Antique Firearms

Can Someone Who Has Been Convicted of a Felony Own a Black Powder Gun or a Muzzleloader?
This FAQ discusses the laws surrounding ownership of an antique or "curio" firearm after a felony conviction.
Most Frequently Asked Firearms Questions and Answers [PDF]
See page 2 for the question: "Can a person prohibited by law from possessing a firearm acquire and use a black powder muzzle loading firearm?" The answers to these questions were prepared by the Bureau of Alcohol, Tobacco, and Firearms (ATF) and address federal law only.

Restoration of Firearm Rights

Most Frequently Asked Firearms Questions and Answers [PDF]
See page 2 for the question: "I have been convicted of a felony. How do I reinstate my rights to possess a firearm?" This page is provided by the Bureau of Alcohol, Tobacco, and Firearms (ATF) and address federal law only.
Restoration for Firearms Rights Application
This application is intended for use only by persons who have been previously granted a full pardon and wish to apply for a Restoration of Firearm Rights connected to the pardon which has been granted.
Texas Administrative Code, Title 37, Part 5, Chapter 143, Subchapter A, Rule 143.12
This rule discusses the Board of Pardons and Parole's duty to consider restoration of firearm rights "only in extreme and unusual circumstances which prevent the applicant from gaining a livelihood" and when the person has been granted a full pardon and has already applied for federal restoration of firearm rights.

Who Can I Contact?

Executive Clemency (Texas Board of Pardons and Paroles)
This page from the BPP provides information on the governor's authority to grant clemency. The page also provides links to free online clemency application forms.
Office of the Pardon Attorney (U.S. Department of Justice)
The U.S. Office of the Pardon Attorney reviews clemency requests and makes recommendations to the President of the United States. The President may grant clemency for federal criminal offenses only. Federal executive clemency may include: pardon, commutation of sentence, remission of fine or restitution, and reprieve.

Texas State
Law Library

Reentry Resources for Former Prisoners