Can a Felon Get Gun Rights Back in Texas?

In Texas, the ability to own or possess a firearm is a cherished right tied deeply to personal freedom. But what happens if you lose that right because of a felony conviction? Can it ever be restored?

If you or someone you know has faced this dilemma, you're probably wondering about the legal process for firearm rights restoration. So, let’s unravel the steps, requirements, and hurdles involved in regaining gun rights in Texas.

The Basics of Gun Rights in Texas

Texas law recognizes the constitutional right to bear arms, but certain circumstances, such as a felony conviction, can strip that right away. The legal framework for possessing firearms in Texas combines state and federal laws, both of which play critical roles in determining whether a convicted felon can regain their firearm rights.

What Happens to Gun Rights After a Felony Conviction?

Under federal law, individuals convicted of a felony are prohibited from owning or possessing firearms. This ban is lifelong unless specific measures are taken to restore gun rights. Similarly, Texas law restricts firearm possession for felons, but the state provides a pathway to regain those rights under certain conditions.

State and Federal Laws: Understanding the Overlap

Both state law and federal law govern gun ownership, and compliance with both is crucial:

• Texas firearm law permits felons to possess a firearm in their residence five years after the completion of their sentence, including parole or probation.
• Federal law, however, does not recognize this provision and maintains a strict ban on firearm possession for convicted felons unless their rights are restored at the federal level.

This conflict creates a legal gray area where someone may comply with Texas law but still violate federal regulations.

Even if Texas restores your gun rights, you may still face federal restrictions. This means you could legally own a firearm under Texas law but violate federal law, leading to potential criminal charges.

Pathways to Restore Gun Rights in Texas

There are different ways to restore your gun rights in Texas.

1. Full Pardon

The most effective way to restore firearm rights is to receive a full pardon from the Texas Board of Pardons and Paroles. This official act forgives the felony conviction and restores civil rights, including the right to possess a firearm.

• A pardon is granted only in specific circumstances and after a thorough review by the board of pardons.
• Individuals seeking a pardon must demonstrate rehabilitation, good behavior, and a compelling reason for restoration.

2. Firearm-Specific Restoration

In some cases, the Texas Board of Pardons and Paroles may grant a restoration of firearm rights without a full pardon. This process is less common but may apply to individuals who can show they are unlikely to pose a danger to public safety.

3. Federal Relief

Under federal law, felons may apply for relief from firearm disabilities. However, this is rarely granted due to funding restrictions and a rigorous review process.

Legal Process for Firearm Rights Restoration

Let's look at the step-by-step process of gun rights restoration.

Step 1. Check Eligibility

Restoring gun rights in Texas requires meeting specific criteria:

1. Completion of all aspects of the sentence, including parole, mandatory supervision, or community supervision.
2. A five-year waiting period after completing the sentence.
3. No additional criminal charges or convictions during this time.
4. Evidence of rehabilitation and compliance with legal obligations.

We recommend consulting with one of our qualified attorneys to assess your eligibility. Getting a criminal defense attorney means having the law on your side.

Step 2. Submit Your Application

The process begins with an application to the Texas Board of Pardons and Paroles.

Complete a detailed application, including information about your conviction, rehabilitation efforts, and reasons for requesting a pardon or restoration.

The board will then assess your case, including your criminal history and character references. In some cases, a hearing may be scheduled to evaluate your eligibility.

Step 3. Await Their Decision

The board either approves or denies the application based on their findings.

Exceptions and Special Circumstances

Not all felons can restore their firearm rights. Certain offenses, such as violent crimes or multiple felonies, may permanently disqualify individuals from gun ownership. Additionally, those who fail to demonstrate rehabilitation or pose a risk to public safety are unlikely to succeed.

How Long Does It Take to Restore Gun Rights?

The timeline depends on several factors, including the complexity of the case and the workload of the Texas Board of Pardons and Paroles. Generally, the process can take months to years. Applicants must meet all eligibility requirements before starting the application.

Why Work with an Attorney?

Navigating the legal maze of firearm rights restoration is no easy task. Our experienced criminal defense attorneys can help you:

• Understand the nuances of state and federal laws.
• Ensure your application is complete and accurate.
• Advocate for you during the review process.
• Address any legal challenges that arise.