Firearm Prohibitions in Texas Under federal law, people are generally prohibited from purchasing or possessing firearms if they have been convicted of a felony or some domestic violence misdemeanors, or if they are subject to certain court orders related to domestic violence or a serious mental condition.
Texas law says no, but it contains an exception. Section 46.04 of the Texas Penal Code makes it illegal for someone convicted of a felony to possess a firearm. If more than 5 years have passed since completing their prison sentence (including parole or probation), the law allows possessing a firearm at home.
Individuals may apply to the Texas Board of Pardons and Paroles for restoration of firearm rights after they have been granted a full pardon, and instructions and an application form are provided on its website.
In Texas, there are different pardons for different circumstances. You can apply for a Pardon, Pardon with Firearms Rights Restoration, or a Firearms Rights Restoration if you were previously granted a pardon but did not specifically request to include the restoration of firearms rights.
Sec. 23. RIGHT TO KEEP AND BEAR ARMS. Every citizen shall have the right to keep and bear arms in the lawful defence†of himself or the State; but the Legislature shall have power, by law, to regulate the wearing of arms, with a view to prevent crime.
The eligibility criteria for a pardon in Texas are meticulously outlined, ensuring that only those who have shown genuine rehabilitation and transformation can apply. Typically, individuals who have completed their sentences, including any parole or probation periods, may be eligible.
As of 2021, Texas law no longer requires people to have a license to carry (LTC) to carry a handgun in most public places. Texans can still get a license to carry if they wish. See the Texas State Law Library page for more.
On June 16, 2021, Governor Greg Abbott signed the Second Amendment Sanctuary Act (87(R) HB 2622). The Act went into effect September 1, 2021, and prohibits Texas agencies from assisting the federal government in enforcing federal gun-control laws passed after January 19, 2021. The text of the Act can be read here.
Section 46.04 of the Texas Penal Code makes it illegal for someone convicted of a felony to possess a firearm. If more than 5 years have passed since completing their prison sentence (including parole or probation), the law allows possessing a firearm at home.