Felony Convictions in Texas result in the loss of Second Amendment Rights
If a person is convicted of a felony, he or she may not possess a firearm until the later of:
- five years after being released from parole,
- five years after being released from probation, or
- for five years after a felony conviction.
During that time frame, he or she may not possess a firearm anywhere, including in their own home.
Family Violence Convictions in Texas result in the loss of Second Amendment Rights
After the initial prohibition period has passed, they may possess a firearm in their own home.
Similarly, once a person has been convicted of Assault causing Bodily Injury Against a Family Member
-for five year’s after being released for the offense
-for five years after completing probation for the offense.
Felons Lose Gun Rights under Federal Law
Under federal law, a felon may not possess, ship, transport, or receive any firearm or ammunition. See 18 USC 922(g).
Setting Aside a Felony Conviction through Executive Clemency or a Pardon
One way to restore federal firearm rights after a state conviction is through a full pardon. Under Code of Criminal Procedure Article 48.01, the Governor has the power to pardon someone after they have been convicted. A pardon restores an individual’s right to bear arms. Read our article about pardons in Texas to learn more about this process.
The Texas Board of Pardons and Paroles may also consider recommending a pardon to restore the right to receive, possess, bear and transport firearms. In order to receive such a recommendation, the application must be accompanied by a letter from an employer or prospective employer that outlines the need to have those rights restored in order to gain or maintain employment. In fact, under Texas Administrative Code Section 143.12, the applicant is required to show “extreme and unusual circumstances” in order to receive a recommendation to have firearm rights restored.
Setting Aside a Felony Conviction After Discharge from Probation
In Cuellar v. State, 70 S.W.3d 815, the Court of Criminal Appeals held that once a conviction has been set aside under Article 42.12 Sec. 20, it releases a person from all penalties and disabilities resulting from the crime of offense. The result of a discharge under Article 42.12 Section 20 is that the conviction “is wiped away, the indictment dismissed, and the person is free to walk away from the courtroom ‘released from all penalties and disabilities’ resulting from the conviction.” In other words, if a felony conviction has been set aside under this section, that person may lawfully possess and transport firearms and ammunition.
Furthermore, once judicial clemency has been granted in Texas under Article 42.12 Section 12, a person’s federal right to possess a firearm is also restored.
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