Can Felons Own Guns in Texas?
Direct Answer:
In the state of Texas, it is illegal for convicted felons to own or possess firearms. According to Texas Penal Code Section 46.04, it is a felony for a person who has been convicted of a felony to own or possess a firearm, unless the person has received a pardon or has had their rights restored by a court of law.
History of Felon in Possession Laws in Texas
In 1986, the federal government passed the Firearms Owners Protection Act (FOPA), which allowed states to enact their own laws regarding the possession of firearms by felons. Texas was one of the first states to enact a law prohibiting felons from owning or possessing firearms.
What Constitutes a Felony in Texas?
In Texas, a felony is defined as any crime punishable by more than one year in prison. This includes crimes such as murder, robbery, and burglary, as well as certain drug offenses and sexual offenses.
Types of Firearms Prohibited for Felons in Texas
Under Texas law, the following types of firearms are prohibited for felons:
- Handguns
- Rifles
- Shotguns
- Machine guns
- Short-barreled shotguns
- Destructive devices
Consequences of Violating Felon in Possession Laws in Texas
Violating the felon in possession laws in Texas can result in serious consequences, including:
- Felony charges: Felons who possess or own firearms can be charged with a felony offense, punishable by up to 10 years in prison.
- Criminal penalties: Felons who violate the law can be fined up to $10,000.
- Loss of gun rights: Felons who are convicted of violating the law will lose their right to possess firearms for the rest of their life.
Exemptions to the Rule
There are certain exceptions to the rule that allows felons to own or possess firearms in Texas:
- Pardoned felons: Felons who have received a pardon from the governor or the Texas Board of Pardons and Paroles are exempt from the law.
- Restored felons: Felons who have had their rights restored by a court of law are also exempt from the law.
- Convictions that are more than 10 years old: Felons who were convicted of a felony more than 10 years ago and have not been convicted of any other felony since then may be eligible to possess firearms.
Table: Summary of Felon in Possession Laws in Texas
| Type of Conviction | Firearm Possession Allowed? |
|---|---|
| Conviction more than 10 years old | Yes, if no other felony conviction since then |
| Felony conviction within the past 10 years | No |
| Conviction that has been pardoned | Yes, if pardon was granted |
| Conviction that has been restored | Yes, if rights were restored by court |
How to Check if You Have a Felony Conviction in Texas
If you are unsure whether you have a felony conviction in Texas, you can check by:
- Contacting the Texas Department of Public Safety: You can contact the Texas Department of Public Safety and ask if you have a felony conviction in the state.
- Checking your criminal record: You can check your criminal record by contacting the district clerk’s office in the county where you were convicted.
- Contacting the Texas Board of Pardons and Paroles: If you have a felony conviction and are considering applying for a pardon or restoration of your rights, you can contact the Texas Board of Pardons and Paroles for more information.
Conclusion
In conclusion, it is illegal for convicted felons to own or possess firearms in Texas, unless they have received a pardon or have had their rights restored by a court of law. It is important for felons to understand the law and the consequences of violating it, and to seek legal advice if they have any questions or concerns. By understanding the laws and regulations surrounding felon in possession, we can work to keep our communities safe and prevent violent crimes.
