Understanding Texas Gun Laws: Can Felons Legally Own Firearms in the Lone Star State?
When it comes to reading up on gun laws, it can be a muddled mess. The laws seem to change all the time.
When it comes to owning and carrying a gun in Texas, laws are in place.
In Texas, you do not need a license to carry a gun. However, if you want additional gun privileges you can still get a license to carry. Most anyone legally qualified can carry a gun.
Can a Felon own a firearm in Texas?
If a person has been convicted of a felony, that person cannot purchase or possess a firearm. However, a felon can possess a firearm in their home for self-defense. For a felon to possess a firearm in their home, five years have had to pass from their time of prison release or their completed sentence. Their home is the only place they are allowed to possess a weapon. You can find the information in the Texas Penal Code Section 46.04.
See how muddy the law can get, a felon can possess a firearm in their home after 5 years, but cannot purchase a firearm.
Federal Law states, US Code Title 18 Section 922(g), that a convicted felon is prohibited from owning or possessing a firearm.
However, according to a blog by The Firearm Firm, in June 2023, the United States Court of Appeals for the Third Circuit found that the US Government cannot constitutionally ban those convicted of a non-violent felony from possessing a gun. On August 30, 2023, the 8th US Circuit Court of Appeals ruled 7-4, refusing to reconsider the verdict by the Third Circuit Court.
To answer the original question, a felon cannot own a firearm in Texas but can possess a firearm in their residence only after 5 years from the end of their sentence.
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