In the state of Texas, the right to bear arms is not just a constitutional right but a part of the state’s culture and identity. However, this right isn’t absolute and can be infringed upon under certain circumstances. One such circumstance is the conviction of specific misdemeanors. This blog post aims to shed light on the misdemeanors that prohibit gun ownership in Texas.
Understanding Gun Rights in Texas
The right to bear arms in Texas is protected by the 2nd Amendment of the U.S. Constitution and Article 1, § 23 of the Texas Constitution. The latter states: “Every citizen shall have the right to keep and bear arms in the lawful defense 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.” This means that while Texans have the right to own and carry firearms, this right is subject to regulations aimed at preventing crime.
Who Can Own a Gun in Texas?
Both federal and state laws dictate who can legally possess a firearm in Texas. Under federal law, individuals are prohibited from purchasing or possessing firearms if they have been convicted of a felony or a misdemeanor crime of domestic violence, or if they are subject to certain court orders related to domestic violence or a serious mental condition. Texas law further restricts gun ownership for individuals convicted of a felony until the fifth anniversary of their release from confinement or supervision.
Misdemeanors That Prohibit Gun Ownership in Texas
In Texas, certain misdemeanors can lead to the loss of gun ownership rights. The most common misdemeanor that leads to this outcome is a domestic violence misdemeanor also called a crime of family violence. If an individual is convicted of a domestic violence misdemeanor, they are federally prohibited from purchasing or possessing firearms. This prohibition is not just limited to the period of conviction but extends beyond it, potentially impacting an individual’s gun ownership rights for life.
Can a felon buy a gun in Texas?
In Texas, as in the rest of the United States, felons are generally prohibited from purchasing or possessing firearms. This prohibition is outlined in both federal and state laws. Under federal law, individuals who have been convicted of a felony are barred from purchasing or possessing firearms. Texas law further stipulates that a person who has been convicted of a felony may not possess a firearm before the fifth anniversary of their release from confinement following the conviction of the felony, or their release from community supervision, parole, or mandatory supervision, whichever date is later. After this five-year period, a felon may possess a firearm, but only within the confines of their home. It’s important to note that these laws apply regardless of whether the felony conviction occurred in Texas or another jurisdiction. If you’re a felon and have questions about your right to bear arms in Texas, we highly recommend consulting with a knowledgeable gun rights attorney.
Restoring Gun Rights
The process of restoring gun rights in Texas can be complex and requires a thorough understanding of both state and federal laws. In many cases, the assistance of a gun rights attorney is invaluable. Attorneys can guide individuals through the process, ensuring all legal avenues for restoring gun rights are explored.
At Walker & Taylor Law, we have successfully helped numerous clients restore their gun rights. One such case involved a client who had been convicted of a domestic violence misdemeanor. Through diligent legal representation and a thorough understanding of Texas gun laws, we were able to restore our client’s right to bear arms, allowing them to once again lawfully own and carry firearms.
Understanding the misdemeanors that prohibit gun ownership in Texas is crucial for anyone who owns or is considering owning a firearm in the state. If you have been convicted of a misdemeanor and are unsure of how it impacts your gun ownership rights, we encourage you to reach out to us at Walker & Taylor Law. Our experienced attorneys are ready to answer your questions and guide you through the process of restoring your gun rights.
For more information on checkout our page on gun rights in Texas.
Remember, the right to bear arms is a constitutional right, but it’s also a responsibility. Stay informed, stay legal, and stay safe.