Can a Felon Get a Gun in Texas?
In the United States, the possession or acquisition of a firearm is heavily regulated, especially for individuals with a criminal record. The question of whether a felon can get a gun in Texas is a common concern for many. In this article, we will explore the laws surrounding firearms ownership for felons in Texas and provide insight into the legal consequences of violating these laws.
Contents
Federal Laws on Felon Gun Ownership
Under federal law, it is illegal for individuals who have been convicted of a felony to possess or receive a firearm. The federal law prohibits convicted felons from owning, possessing, or receiving any firearm, including handguns, rifles, shotguns, and semi-automatic weapons.
Federal Statute: 18 U.S.C. § 922(g)(1)
What constitutes a felony? A felony is a criminal offense that is punishable by more than one year in prison. This includes both state and federal convictions.
How long does the ban last? The federal ban on felon gun ownership lasts for the remainder of the individual’s lifetime. This means that even if the individual completes their sentence, they are still prohibited from owning or possessing a firearm.
Texas State Laws on Felon Gun Ownership
In Texas, the laws regarding felon gun ownership are similar to federal laws. The state prohibits individuals who have been convicted of a felony to possess or receive a firearm.
Texas Statute: Tex. Penal Code § 46.04(a)(2)
What is considered a felony in Texas? A felony is a criminal offense that is punishable by more than one year in prison. This includes both state and federal convictions.
Are there any exceptions to the ban? No, there are no exceptions to the ban on felon gun ownership in Texas.
How long does the ban last? The ban on felon gun ownership in Texas lasts for the remainder of the individual’s lifetime. This means that even if the individual completes their sentence, they are still prohibited from owning or possessing a firearm.
Can a felon get a gun in Texas with a permit? No, felons are not eligible to apply for a concealed handgun permit in Texas. Even if a felon applies for a permit, their application will be denied due to their criminal history.
Legal Consequences of Violating Federal and State Laws
Violating federal or state laws regarding felon gun ownership can result in serious legal consequences.
Federal Consequences:
- Possession of a firearm as a convicted felon is punishable by up to 10 years in prison.
- Receiving a firearm as a convicted felon is punishable by up to 5 years in prison.
- Making a false statement in connection with the purchase of a firearm as a convicted felon is punishable by up to 1 year in prison.
State Consequences:
- Possession of a firearm as a convicted felon is punishable by up to 2 years in state prison.
- Selling or transferring a firearm to a convicted felon is punishable by up to 2 years in state prison.
Bullet Points to Summarize the Legal Situation for Felons in Texas
- Under federal law, it is illegal for felons to possess or receive a firearm.
- The federal ban on felon gun ownership lasts for the remainder of the individual’s lifetime.
- In Texas, it is illegal for felons to possess or receive a firearm.
- There are no exceptions to the ban on felon gun ownership in Texas.
- The ban on felon gun ownership in Texas lasts for the remainder of the individual’s lifetime.
- Felons are not eligible to apply for a concealed handgun permit in Texas.
- Violating federal or state laws regarding felon gun ownership can result in serious legal consequences.
Table: Legal Consequences for Violating Federal and State Laws
| Legal Consequence | Maximum Prison Sentence |
|---|---|
| Possession of a firearm as a convicted felon (federal) | 10 years |
| Receiving a firearm as a convicted felon (federal) | 5 years |
| Making a false statement in connection with the purchase of a firearm as a convicted felon (federal) | 1 year |
| Possession of a firearm as a convicted felon (state) | 2 years |
| Selling or transferring a firearm to a convicted felon (state) | 2 years |
In conclusion, felons in Texas are prohibited from possessing or receiving firearms under both federal and state laws. The ban on felon gun ownership in Texas lasts for the remainder of the individual’s lifetime, and there are no exceptions to the ban. Violating these laws can result in serious legal consequences. It is important for individuals with a criminal record to understand the legal implications of owning or possessing a firearm in Texas and to respect the laws regarding felon gun ownership.
