Can a Felon Own a Gun in TX?
Can Someone with a Felony Conviction Own a Gun in Texas?
Federal law prohibits anyone convicted of a felony from owning or possessing a gun (see 922 in Title 18 of the U.S. Code). Texas Penal Code § 46.04 prohibits someone with a felony conviction from possessing a firearm in specific circumstances.
The circumstances are as follows: Five years have passed since you have completed your prison sentence, parole, or probation. However, you may only possess the firearm in your home; you are not permitted to carry or possess a gun anywhere outside of your home.
What Happens When State & Federal Laws Differ?
The United States is a complex legal landscape, with both federal and state governments enacting laws that govern citizens. While this system allows for flexibility and adaptation to local needs, it also creates potential conflicts. In general, the Supremacy Clause of the U.S. Constitution establishes a clear hierarchy: federal law is supreme over state law.
Thus, in most cases, when a state law directly contradicts a federal law, the federal law prevails. This is known as preemption.
However, not all conflicts between state and federal laws lead to preemption. In the instance of gun ownership for felons, you should speak with an attorney about the restrictions federal laws may place on your right to own a gun after a felony conviction.
Legal Definition of Possessing a Firearm
In Texas, a person can be considered in possession of a firearm if they have actual physical control over it or if they have knowledge of the firearm's existence and the ability to exercise control over it. This means that even if a firearm doesn't belong to you, you could still be considered to be in possession of it if you know about it and have the ability to access it.
For example, if you are a passenger in a car where a firearm is hidden under the seat, and you are aware of its presence, you could be considered to be in possession of it, even if you don't own the gun or have touched it. Similarly, if you are staying at a friend's house and know that they keep a loaded gun in their nightstand drawer, you could be considered to be in possession of it if you have access to the drawer.
Experienced Defense Counsel
Backed by decades of legal experience, the team at The Clark Law Firm can help you mount a solid defense against felony charges. We understand what such charges can cost you—your rights and your freedom.
Our team represents clients in a variety of criminal defense charges, from violent crime to drug charges, DWIs, and domestic violence offenses. Our attorney is a former prosecutor, which gives us insight into how the prosecution approaches cases and charges and allows us to customize your defense better.
Contact us via phone at (817) 435-4970 or using our online contact form to request a complimentary consultation.