Note The library cannot help you determine whether you are legally allowed to carry or possess a firearm.
Both Texas and federal law restrict certain people from possessing a firearm. Many restrictions are based on criminal history.
Illegally possessing a gun could result in serious criminal charges. Talk to a lawyer if you aren't sure how these laws would apply to your situation.
Texas and federal law say different things.
Under Texas Penal Code 46.04, people with felony convictions cannot have a firearm. If 5 years have passed since the completion of their sentence (including parole or probation), the law allows them to have a gun at their home.
18 U.S. Code Section 922 does not allow a person convicted or indicted of a crime punishable by imprisonment for a term of more than one year to possess a firearm. This generally applies to felony convictions but might include some misdemeanors.
Unlike the Texas law, federal law does not allow possession at any point after a conviction.
Both Texas (Texas Penal Code 46.04) and federal law (18 U.S. Code Section 922) prohibit people with family violence misdemeanor convictions from possessing firearms.
However, Texas law allows a person with a Class A misdemeanor family violence conviction to have a firearm 5 years after completing their sentence (including parole or probation). Federal law does not permit this.
Both Texas (Texas Penal Code 46.04) and federal law (18 U.S. Code Section 922) prevent people subject to protective orders from possessing a firearm.
Texas law says that people under an unexpired protective order cannot possess a firearm. There are exceptions for peace officers "actively engaged in employment."
Under 18 U.S. Code Section 922, a person who is a "fugitive from justice" cannot possess a firearm.
Texas law defines "criminal street gang" in Section 71.01. Penal Code 46.04 prohibits anyone in this category from carrying a gun in person or in a car or boat.
18 U.S. Code Section 922(g) also has restrictions based on other criteria.
Unlawful users and addicts of controlled substances are prohibited from having a firearm.
The law defines "addict" in 21 U.S. Code Section 802. The Bureau of Alcohol, Tobacco, Firearms & Explosives defines the phrase "unlawful user of or addicted to any controlled substance" in 27 Code of Federal Regulations Section 478.11.
People who have been "adjudicated as a mental defective" or been involuntarily committed to a mental institution cannot possess a firearm.
People illegally in the United States or admitted under a nonimmigrant visa as defined in defined in 18 U.S. Code Section 1101(a)(26) are barred from possessing guns.
Anyone who has been "discharged from the Armed Forces under dishonorable conditions" cannot possess a firearm.
A former citizen of the United States who has renounced their citizenship cannot have a firearm.
In some cases, a person may have their firearm rights restored if their conviction was reversed or pardoned.
Note The library cannot help you determine whether you are legally allowed to carry or possess a firearm.