Can a felon own a gun in Texas?

Under Texas Penal Code 46.04, a person convicted of a felony may possess a firearm at their own premises (home) 5 years after release from confinement or supervision, whichever is later. Texas does not restore the right to carry a firearm outside the home — that remains permanently prohibited under state law.

How can a felon restore gun rights in Texas?

Automatic after the 5-year waiting period for home possession only. No petition needed for home possession. Full restoration (outside the home) requires a gubernatorial pardon.

Are there exceptions to gun rights restoration in Texas?

The restoration only applies to possession at the person's own premises. Carrying outside the home remains prohibited. Certain offenses involving family violence carry additional restrictions.

Can a felon own a gun in Texas after 5 years?

Under Texas state law, yes — but only at your own home. Texas Penal Code 46.04 allows a convicted felon to possess a firearm at their own premises 5 years after completing confinement or community supervision. However, carrying outside the home is still a felony, and any felon firearm possession violates federal law (18 USC 922(g)(1)). Federal prosecution can result in up to 15 years in prison.

What does 'own premises' mean under Texas law?

Under Penal Code 46.04, 'premises' means the building or portion of a building and the connected grounds and outbuildings that serve as your residence. It includes your house, yard, and structures on your property. It does NOT include your vehicle, your place of business (unless it is also your residence), or any location away from your home.

Does Texas law conflict with federal law on felon gun possession?

Yes. Texas allows limited home possession after 5 years, but federal law (18 USC 922(g)(1)) permanently prohibits all firearm and ammunition possession by felons with no exceptions for home possession. A felon in compliance with Texas law can still be charged and convicted under federal law. While federal prosecution of home-only possession is uncommon, the risk is real.

How do I get a full pardon in Texas to restore my gun rights?

Apply to the Texas Board of Pardons and Paroles (BPP) for a full pardon with restoration of firearm rights. The BPP investigates your case and may recommend a pardon to the Governor. The Governor cannot act without a BPP recommendation. The BPP states that pardons are considered 'only in extreme and unusual circumstances which prevent the applicant from gaining a livelihood.' Applications require the completed form, certified court records, and character references.

Can I possess a shotgun or rifle but not a handgun after 5 years?

No distinction exists under Texas law. The 5-year home-possession exception applies equally to all firearms — handguns, rifles, and shotguns. You may possess any type of firearm at your home after 5 years (unless your conviction involved family violence). There is no separate treatment for long guns versus handguns under Texas Penal Code 46.04.

What happens if a felon is caught with a gun in Texas?

A felon caught possessing a firearm (outside the 5-year home exception) faces prosecution for a third-degree felony under Texas Penal Code 46.04, carrying 2 to 10 years in prison and fines up to $10,000. If the person is within 5 years of release, any possession anywhere is a felony. Federal prosecution under 18 USC 922(g)(1) is also possible, carrying up to 15 years in federal prison. Prior convictions can enhance both state and federal sentences.

Does an order of nondisclosure restore gun rights in Texas?

Not directly. An order of nondisclosure seals your record from public access but does NOT expunge the conviction. Law enforcement and federal background check systems (NICS) can still access the record. The underlying conviction continues to trigger the federal firearms prohibition under 18 USC 922(g)(1). Only a full expunction (available for acquittals, dismissals, or pardons) or a governor's pardon fully removes the disability.

Are there special rules for family violence felonies?

Yes. Texas Penal Code 46.04(b) creates a permanent state-level prohibition on firearm possession for persons convicted of any felony involving family violence. The 5-year home-possession exception does NOT apply to these convictions. Additionally, federal law under 18 USC 922(g)(9) prohibits firearm possession for anyone convicted of a misdemeanor crime of domestic violence, regardless of state law.

Is there a new federal process to restore gun rights?

Yes. In March 2025, the DOJ revived the 18 USC 925(c) process, which allows individuals federally prohibited from possessing firearms to petition the Attorney General for relief. This process had been effectively defunded since 1992. The detailed application procedures are still being finalized. This could potentially provide a way for Texas felons to address the federal prohibition even without a state pardon.

Felon Gun Rights in Texas

Automatic restoration

It depends. Under Texas Penal Code 46.04, five years after completing your sentence (including confinement and supervision), you may possess a firearm at your own home. However, carrying outside the home remains illegal under state law, and any firearm possession by a felon violates federal law (18 USC 922(g)(1)). Full restoration requires a governor's pardon. This is a legally risky area — consult an attorney before possessing any firearm.

Last updated: 2026-03-21

Overview

Texas provides a limited, automatic restoration of firearm rights under Penal Code 46.04. Five years after a felon completes confinement or community supervision (whichever is later), they may legally possess a firearm at their own premises (home). However, this is restricted to home possession only — carrying or transporting a firearm outside the home remains a felony under state law. Full restoration of the right to carry outside the home requires a governor's pardon. Critically, even the limited home-possession right under Texas law directly conflicts with federal law (18 USC 922(g)(1)), which imposes a blanket prohibition on felon firearm possession with no home exception.

Quick Answer

Federal Law — 18 USC 922(g)

Under 18 USC 922(g)(1), all persons convicted of a crime punishable by more than one year of imprisonment are permanently prohibited from possessing firearms or ammunition anywhere. Federal law does not recognize the Texas 5-year home-possession exception. A felon who possesses a firearm at home in compliance with Texas law can still be prosecuted under federal law and face up to 15 years in federal prison. A Texas governor's full pardon that restores civil rights (including the right to vote, hold office, and serve on a jury) may remove the federal disability under the 'civil rights restored' exception in 18 USC 921(a)(20) — but only if the pardon does not expressly restrict firearms. The revived federal 18 USC 925(c) process (as of March 2025) may provide a separate federal pathway for relief.

Can restore gun rights

✓Persons convicted of a felony who have completed 5 years since release from confinement or community supervision (whichever is later) — limited to firearm possession at their own premises only
✓Persons who receive a full governor's pardon with restoration of firearm rights — restores the right to possess firearms outside the home
✓Persons whose felony conviction has been expunged (only available for acquittals, dismissals, or pardons) — full restoration of rights
✓Persons who successfully completed deferred adjudication and obtained an expunction or order of nondisclosure — may restore rights depending on the offense

Cannot restore gun rights

✗Persons within 5 years of release from confinement or community supervision — complete prohibition on all firearm possession
✗Persons convicted of a felony involving family violence (under Texas Family Code 71.003-71.006) — permanent state prohibition on firearm possession, no 5-year exception
✗Persons convicted of any felony who wish to carry a firearm outside their home — prohibited unless pardoned
✗Persons currently on parole or community supervision — prohibited regardless of time elapsed
✗Persons with an active protective order — prohibited under both state and federal law
✗Persons convicted of misdemeanor domestic violence — prohibited under federal law (18 USC 922(g)(9)) even if not prohibited under Texas state law

Step-by-Step Process

Determine your eligibility timeline

Calculate 5 years from the date you were released from confinement (prison or jail) or discharged from community supervision (probation or parole), whichever date is later. If 5 years have not passed, you are prohibited from possessing any firearm under Texas law. If your conviction involved family violence, there is no 5-year exception — you are permanently prohibited.

Understand the 'own premises' limitation

After 5 years, Texas law only allows firearm possession at your 'own premises' — meaning the residence where you live. You cannot carry the firearm outside your home, in your vehicle, while traveling, while hunting, or at any other location. Doing so is a third-degree felony (2-10 years in prison and up to $10,000 fine). There is no permit or license that changes this for convicted felons.

Understand the federal risk

Even after 5 years, possessing a firearm at home violates federal law (18 USC 922(g)(1)). While federal prosecutors rarely target individuals who are in compliance with state law and possess firearms only at home, the risk exists. A federal conviction carries up to 15 years in prison. Consult an attorney before possessing any firearm.

For full restoration: Apply for a governor's pardon

To fully restore firearm rights (including the right to carry outside the home), you must obtain a governor's pardon. Apply through the Texas Board of Pardons and Paroles (BPP). The BPP will investigate your case and make a recommendation to the Governor. The Governor cannot grant a pardon without a BPP recommendation. The BPP considers pardons 'only in extreme and unusual circumstances.' Applications require a completed form, certified court documents, and personal references.

Consider the federal 18 USC 925(c) pathway

The DOJ revived the 18 USC 925(c) federal firearms disability relief process in March 2025. This provides a potential pathway to remove the federal prohibition independently of state-level restoration. The detailed application process is still being developed. Monitor the ATF and DOJ websites for updates on how to apply.

Waiting Period

5 years after release from confinement or community supervision (whichever is later) for the limited home-possession exception under Texas Penal Code 46.04. There is no fixed waiting period for a governor's pardon application, but the Texas Board of Pardons and Paroles considers pardons only in 'extreme and unusual circumstances.' The practical wait for a pardon is indefinite.

Key Laws

Law	Year	Description
Texas Penal Code 46.04 — Unlawful Possession of Firearm	1973 (amended through 2023)	Prohibits firearm possession by any person convicted of a felony. After 5 years from release from confinement or supervision, allows limited possession at the person's 'own premises' only. Carrying outside the home remains a felony. Family violence felony convictions carry a permanent prohibition with no 5-year exception.
Texas Penal Code 46.04(b) — Family Violence Exception	1997	Creates a permanent state-level prohibition on firearm possession for persons convicted of any felony involving family violence, as defined under Texas Family Code sections 71.003-71.006. The 5-year home-possession exception does not apply to these convictions.
Texas Government Code Chapter 508 — Pardon and Parole	1997	Establishes the Texas Board of Pardons and Paroles (BPP) and its authority to recommend pardons and clemency to the Governor. The Governor may grant a full pardon only upon BPP recommendation. The BPP's rules state that pardons are considered 'only in extreme and unusual circumstances.'
Texas Code of Criminal Procedure 55.01 — Expunction	1977 (amended through 2025)	Allows expunction of criminal records in limited circumstances: acquittals, dismissals, or pardons based on actual innocence. Expunction removes the conviction for all purposes, including firearm rights. Important: Expunction is not available for most felony convictions.
Texas Government Code 411.0725-411.0731 — Orders of Nondisclosure	2015 (amended through 2025)	Allows certain persons who completed deferred adjudication to seal their records from public view. An order of nondisclosure does NOT restore firearm rights by itself, as the underlying conviction may still be accessible to law enforcement and federal background check systems. The 2025 SB958 expanded eligible offenses for nondisclosure.

Edge Cases

Can I have a gun in my car after the 5-year waiting period?

No. Texas Penal Code 46.04 only permits firearm possession at the felon's 'own premises.' A vehicle is not considered your premises under this statute. Possessing a firearm in your car, even in the parking lot of your own home, could be prosecuted as unlawful possession — a third-degree felony carrying 2-10 years in prison.

My felony was from another state. Does the Texas 5-year rule apply to me?

Yes. Texas Penal Code 46.04 applies to anyone convicted of a felony 'under the laws of this state, another state, or the United States.' The 5-year home-possession exception applies regardless of where the conviction occurred. However, you remain subject to the federal prohibition under 18 USC 922(g)(1) regardless of any state-level allowance.

I completed deferred adjudication. Am I a convicted felon for gun purposes?

Under Texas state law, successful completion of deferred adjudication does not result in a conviction, and you generally retain your firearm rights. However, under federal law, deferred adjudication may still qualify as a 'conviction' for purposes of 18 USC 922(g)(1) if it involved a finding or admission of guilt and the judge could have imposed imprisonment of more than one year. This is a critical distinction — consult an attorney.

My felony conviction was for a nonviolent drug offense. Can I possess a gun at home after 5 years?

Under Texas state law, yes — the 5-year home-possession exception applies to all felonies except those involving family violence. However, you remain in violation of federal law by possessing any firearm. Additionally, if your conviction involved a drug offense, you may face enhanced scrutiny under federal sentencing guidelines if prosecuted.

Can my spouse keep guns in our shared home if I am a convicted felon?

This is a gray area. Under federal law, a convicted felon is prohibited from having 'constructive possession' of firearms — meaning firearms that are accessible to the felon, even if owned by a spouse. If you have access to firearms in a shared residence (e.g., unlocked in a closet), you could be charged with constructive possession. The safest approach is to keep firearms locked in a container to which only the non-prohibited spouse has access.

Can I go hunting in Texas after the 5-year period?

No. Hunting requires possessing a firearm outside your home, which remains a felony under Texas Penal Code 46.04 even after the 5-year waiting period. The only lawful possession is at your own premises. You could potentially hunt with archery equipment or other non-firearm methods, but possessing a firearm in the field is a third-degree felony.

Frequently Asked Questions

Can a felon own a gun in Texas after 5 years?: Under Texas state law, yes — but only at your own home. Texas Penal Code 46.04 allows a convicted felon to possess a firearm at their own premises 5 years after completing confinement or community supervision. However, carrying outside the home is still a felony, and any felon firearm possession violates federal law (18 USC 922(g)(1)). Federal prosecution can result in up to 15 years in prison.
What does 'own premises' mean under Texas law?: Under Penal Code 46.04, 'premises' means the building or portion of a building and the connected grounds and outbuildings that serve as your residence. It includes your house, yard, and structures on your property. It does NOT include your vehicle, your place of business (unless it is also your residence), or any location away from your home.
Does Texas law conflict with federal law on felon gun possession?: Yes. Texas allows limited home possession after 5 years, but federal law (18 USC 922(g)(1)) permanently prohibits all firearm and ammunition possession by felons with no exceptions for home possession. A felon in compliance with Texas law can still be charged and convicted under federal law. While federal prosecution of home-only possession is uncommon, the risk is real.
How do I get a full pardon in Texas to restore my gun rights?: Apply to the Texas Board of Pardons and Paroles (BPP) for a full pardon with restoration of firearm rights. The BPP investigates your case and may recommend a pardon to the Governor. The Governor cannot act without a BPP recommendation. The BPP states that pardons are considered 'only in extreme and unusual circumstances which prevent the applicant from gaining a livelihood.' Applications require the completed form, certified court records, and character references.
Can I possess a shotgun or rifle but not a handgun after 5 years?: No distinction exists under Texas law. The 5-year home-possession exception applies equally to all firearms — handguns, rifles, and shotguns. You may possess any type of firearm at your home after 5 years (unless your conviction involved family violence). There is no separate treatment for long guns versus handguns under Texas Penal Code 46.04.
What happens if a felon is caught with a gun in Texas?: A felon caught possessing a firearm (outside the 5-year home exception) faces prosecution for a third-degree felony under Texas Penal Code 46.04, carrying 2 to 10 years in prison and fines up to $10,000. If the person is within 5 years of release, any possession anywhere is a felony. Federal prosecution under 18 USC 922(g)(1) is also possible, carrying up to 15 years in federal prison. Prior convictions can enhance both state and federal sentences.
Does an order of nondisclosure restore gun rights in Texas?: Not directly. An order of nondisclosure seals your record from public access but does NOT expunge the conviction. Law enforcement and federal background check systems (NICS) can still access the record. The underlying conviction continues to trigger the federal firearms prohibition under 18 USC 922(g)(1). Only a full expunction (available for acquittals, dismissals, or pardons) or a governor's pardon fully removes the disability.
Are there special rules for family violence felonies?: Yes. Texas Penal Code 46.04(b) creates a permanent state-level prohibition on firearm possession for persons convicted of any felony involving family violence. The 5-year home-possession exception does NOT apply to these convictions. Additionally, federal law under 18 USC 922(g)(9) prohibits firearm possession for anyone convicted of a misdemeanor crime of domestic violence, regardless of state law.
Is there a new federal process to restore gun rights?: Yes. In March 2025, the DOJ revived the 18 USC 925(c) process, which allows individuals federally prohibited from possessing firearms to petition the Attorney General for relief. This process had been effectively defunded since 1992. The detailed application procedures are still being finalized. This could potentially provide a way for Texas felons to address the federal prohibition even without a state pardon.

Take Action — Direct Links

Texas State Law Library — Criminal Convictions & Firearms
Comprehensive guide from the Texas State Law Library on how felony convictions affect firearm rights, including the 5-year rule, family violence exceptions, and pardon process.
Texas State Law Library — Unlawful Possession of Firearms
Overview of who is prohibited from possessing firearms under Texas law, including felons, and the penalties for unlawful possession.
Texas Penal Code Chapter 46 — Weapons (Full Text)
Full statutory text of Texas Penal Code Chapter 46, including Section 46.04 (Unlawful Possession of Firearm) and related definitions.
Texas Board of Pardons and Paroles — Clemency Process
Official page explaining the Texas clemency process, including how to apply for a full pardon with restoration of firearm rights.
CCRC — Texas Restoration of Rights & Record Relief
Comprehensive guide from the Collateral Consequences Resource Center covering all restoration pathways in Texas, including pardons, expunctions, and orders of nondisclosure.
Texas State Law Library — Firearms Restrictions After a Criminal Conviction
Guide explaining how criminal convictions affect firearm rights under Texas and federal law, with links to statutes and resources.
ATF — Federal Firearms Disabilities Relief (18 USC 925(c))
ATF page explaining federal firearms disability relief options under 18 USC 925(c), including the revived DOJ application process.