Legal Gun Ownership After a Felony in Texas May be Unclear

Texas upholds a person’s rights to own guns. For those who have a felony conviction, federal law bans the possession of firearms. According to federal law, a person may face up to ten years in prison for possession of a firearm after a felony conviction.

In Texas, however, this may seem contradictory because there is a statute that allows for those with felonies to possess a gun.

What the law says

The Texas statute for unlawful possession of a firearm states that a person can have a firearm after the fifth anniversary of his or her release from prison, community supervision or parole. The law judges five years based on the disposition of the conviction. If a person owns a firearm, that gun cannot leave the residence. For most, this may be enough to say that it is legal in the state of Texas for someone with a felony conviction to own a gun without the need for a pardon.

What complicates the law

The first complication that anyone convicted of a felony comes across when it comes to gun ownership is that the purchase of a firearm is difficult. It is near impossible to purchase a firearm if a person has a felony on your record, reports KHOU 11, because licensed gun dealers do background checks.

While it is still possible to have a gun on the premises and despite a felony conviction, the Texas statute is not the only consideration. In the U.S., federal laws always take precedence over state laws and state constitutions. Federal law bars those who have a felony conviction from owning guns.

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