Our Austin criminal defense lawyer explains gun ownership by convicted felons under state and federal law.
Many people in Texas own guns for sport, hunting, and self-defense. However, being convicted of a felony can significantly impact your rights, including those under the Second Amendment to bear arms. Determining whether a convicted felon can purchase or own firearms depends on state and federal law, which differ in the case of convicted felon gun ownership. Below, our Austin criminal defense lawyer explains further.
State Law Regarding Convicted Felons and Gun Ownership
Under state law, convicted felons can purchase and own a gun if certain conditions apply. These conditions are as follows:
- Five years have passed since the felon’s release from prison for the felony or since release from mandatory or community supervision or parole, whichever date is later
- The individual only carries the gun at their home or property where they reside
After a person has been released from prison or they have completed their sentence, they are only allowed to own and carry a gun at their residence for self-protection. State law does not allow convicted felons to carry a firearm outside of their home. Convicted felons are not allowed to open carry their firearm or apply for a concealed carry permit, as this is a violation of state law.
Antique firearms are treated differently under state law. The definition of an antique firearm is one that was manufactured prior to 1899 or modern replicas of firearms manufactured prior to that date. Antique firearms also cannot use center or rimfire ammunition. The majority of black powder guns and muzzleloaders are considered antique firearms. Under this definition, convicted felons can purchase and carry antique firearms under state law.
Federal Law Regarding Convicted Felons and Gun Ownership
Federal law regarding convicted felons and gun ownership vastly differs from state law. Under federal law, all convicted felons are permanently prohibited from owning a gun. This means that, technically, a convicted felon in Texas could still be arrested and charged with a federal crime for gun ownership. Still, this is unlikely because when state and federal law differ, it is generally state law that is deferred to. Federal law also prohibits the following from gun ownership:
- Individuals who addictively or unlawfully used a substance
- Individuals who have previously been convicted of a misdemeanor domestic violence charge
- Fugitives from justice
- Former military members who were dishonorably discharged from service
- Individuals who entered the country illegally or under a non-immigrant visa
- Individuals who have renounced their status as a citizen of the United States
Our Criminal Defense Lawyer in Austin Can Help With Your Case
If you have been convicted of a felony and now want to own a gun, it is important to speak to an Austin criminal defense lawyer. At Granger and Mueller, PC, our experienced attorney can inform you of your rights and responsibilities so you do not face more charges. Call us now at (512) 474-9999 or contact us online to schedule a consultation and to learn more about how we can help.