Can a Felon Own an Air Rifle in Texas?
Contents
Felony Conviction and Gun Ownership
In Texas, a felony conviction can result in the loss of some or all of your Constitutional right to bear arms, including owning a air rifle. According to Texas statute §46.03, a person is prohibited from possessing firearms if they have:
- Been convicted of a felony;
- Been previously convicted of a Class B or higher misdemeanor (this includes assault, battery, or criminal mischief with damage exceeding $500); or
- Been committed for mental defectiveness.
So, to answer the direct question: yes, a felon in Texas may not own an air rifle. Air rifles fall under the category of "firearms", as defined by federal and state law.
Which Air Rifles Are Impacted?
- BB guns that shoot at.177 caliber or higher velocities
- Pellet rifles that shoot at 750 FPS or higher
- CO2-powered airguns that shoot at velocities that can potentially cause bodily harm
Tips for Felons Trying to Obtain an Air Rifle License in Texas
- Contact Your Local Law Enforcement: Discuss your situation with local police or sheriff’s office, and ask if you would be eligible for an exceptions or waiver. This information may help you plan a path forward.
- Apply for a Background Check: Federal Bureau of Investigation (FBI) Background Check required, and it will detect past felony convictions.
- Texas Department of Public Safety (DPS) provides Licensing Application Services, including fingerprint-based criminal history checks.
Common Obstacles for Felons Owning Air Rifles in Texas
• Mandatory Background Checks: State and Federal restrictions ensure that criminals (including felons) aren’t allowed to access the weapons.
• Inability to Pass Fingerprint-Based Criminal History Check: Even if you try, you may not meet DPS standards due to felony background.
• Local Sheriff’s Office Discretion: Each law enforcement agency varies in its discretion. However, in general, all sheriff’s offices prioritize upholding the law, adhering to state statutes.
• Federal Registration as a Felon: Prioritize any outstanding felony arrests, court dates, probation requirements, or post-supervision.
Waiver Process for Felons Owning Air Rifles in Texas
Process Steps:
- File a Request to Set Aside Conviction (Motion for Nondiscrimination)
- Set Aside or Expunction by Judge’s Approval (Probate Court) with:
- Waiting periods
- Pay restoration fees
- Undergo mental health or community supervision programs
- Satisfy remaining bond
- Discharging debt (if any outstanding fines)
Felons in Texas: When in Doubt, it is Better to Err on Caution
• Avoid attempted ownership, as legal risk and penalties apply (laws vary state-by-state but may lead to increased conviction and longer sentence terms in case of re- offense).
• Seek expert professional legal counsel for consultation guidance specific to your circumstances
• Review local statutes related to firearms, the use of force, or martial law situations.
Conclusion
Owning a air rifle in Texas becomes complex when a person is convicted of a felony or other prohibited offenses. Key takeaway: while waiver process is available, felony convictions make it unlikely (though not impossible) that you will be approved. As a felon in Texas, consult legal and public health resources to gain precise insight and avoid the complications and penalties associated with felons owning air rifles or firearms in general. Additionally, respect local authority jurisdiction, prioritize your current lawfulness, and keep on working towards rehabilitation or social redemption.
Recommendable Readings:
1. Federal statute 18 U.S. Code § 922 (g)
2. Texas Statue, 46.05 – Unlawful transfer or sale of a firearm
3. Texas Penal Code 33.07 – Interfering with the circulation, custody, or transportation of firearms
Fingerprints: The application fingerprints-based criminal history checks via Texas Department of Public Safety (DPS). Always follow state-specific and localized rules and regulations.
Contact a lawyer for Pro bono help through Texas Lawyers for Texans Public Interest Project (TPJPI).
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