Can a Felon Own a Non Lethal Gun in Texas?
In the Lone Star State, the rules surrounding firearms ownership are stringent, particularly for individuals with a criminal history. Many people are curious about the possibility of owning a non-lethal gun as a felon in Texas. The answer is no, at least not without severe legal repercussions.
Overview of Federal Law
Federal law prohibits individuals convicted of a felony from owning a firearm. This is regulated by the Gun Control Act of 1968, which makes it illegal for anyone convicted of a crime punishable by more than one year imprisonment to possess, sell, or transfer a firearm. This includes non-lethal weapons, such as stun guns, Tasers, or pepper spray pistols.
Texas State Law
Texas has its own laws regarding the possession and sale of firearms. The Texas Penal Code classifies stun guns and chemical sprays as "Weapons" (§46.01). However, state law also prohibits individuals who have been convicted of certain crimes from owning or possessing a weapon. This includes:
- Felony convictions: Any individual who has been convicted of a felony in Texas or in another state is prohibited from owning or possessing a firearm, including non-lethal weapons (§46.04(a)).
- Misdemeanor convictions for certain crimes: Individuals convicted of a misdemeanor offense for which a sentence of five years or more could be imposed are also prohibited from owning or possessing a weapon (§46.04(b)).
- Chemical incapacitation devices: The use of chemical devices, such as pepper spray or tear gas, in a threatening manner is also prohibited (§46.02(b)).
Exceptions and Permits
There are certain exceptions and permits that may allow a felon to own a non-lethal weapon in Texas. These include:
- Concealed Handgun License: Felons can apply for a Concealed Handgun License (CHL) if they have served their sentence and been honorably discharged from parole, probation, or supervised release. The CHL only allows for the carrying of handguns and does not exempt individuals from federal or state laws regarding the possession of other firearms, including non-lethal weapons.
- Laws Enforcement Agencies: Some law enforcement agencies may permit felons to own and carry non-lethal weapons for official law enforcement purposes, such as for officers who have a felony conviction in their background.
- Specific Exception: A few specific felonies, such as felony possession of a controlled substance, do not prohibit individuals from owning or possessing weapons (§46.04(c)).
Penalties for Violating State Law
Failing to comply with Texas state laws regarding weapons possession can result in serious legal consequences, including:
- Fine: A fine of up to $10,000
- Imprisonment: A maximum sentence of 10 years in state prison
- Mandatory minimum sentences: Some crimes, such as repeat offenders, can result in mandatory minimum sentences
Conclusion
In summary, no, a felon cannot own a non-lethal gun in Texas, at least not without facing severe legal penalties. The federal Gun Control Act and Texas state law prohibit felons from owning or possessing firearms, including non-lethal weapons like stun guns and pepper spray pistols. While there may be certain exceptions and permits available, these are the exception rather than the rule.
