Can a Felony Have a Gun in Texas?
In the state of Texas, the possession of a firearm by a convicted felon is a serious offense. Texas Penal Code §46.04 defines a felony as a criminal offense punishable by death or imprisonment in the penitentiary for more than one year. As a result, individuals who have been convicted of a felony in Texas are prohibited from owning or possessing a firearm, including handguns, rifles, shotguns, and other types of firearms.
Texas Law Prohibiting Felons from Possessing Firearms
The Texas Government Code, §411.174, prohibits convicted felons from possessing or carrying a firearm. This law applies to individuals who have been convicted of a felony in Texas or any other state, as well as those who have been convicted of a felony under federal law.
Felony Convictions that Disqualify an Individual from Possessing a Gun
The following types of felony convictions can disqualify an individual from possessing a firearm in Texas:
• Assault or Aggravated Assault: Any conviction for assault or aggravated assault, including charges related to domestic violence or gang-related activity.
• Drug-Related Felonies: Convictions for drug-related offenses, such as possession, distribution, or trafficking of illegal drugs.
• Firearm-Related Felonies: Convictions for crimes involving the use of a firearm, such as armed robbery or discharge of a firearm in a crime.
• Violent Crimes: Convictions for violent crimes, such as murder, manslaughter, kidnapping, or sexual assault.
Consequences of a Felon Possessing a Gun in Texas
If a convicted felon in Texas is found to possess a firearm, they can face serious legal consequences. Texas Penal Code §46.04 outlines the penalties for a conviction, which can include:
• Felony of the Second Degree: A conviction for possessing a firearm as a convicted felon is a felony of the second degree, punishable by a fine of up to $10,000 and a prison sentence of up to 20 years.
• Enhanced Sentencing: In some cases, a convicted felon who possesses a firearm may face enhanced sentencing, including a minimum sentence of 5-10 years in prison.
• Loss of Civil Rights: A conviction for possessing a firearm as a convicted felon can also result in the loss of certain civil rights, including the right to vote and the right to own a firearm.
Exceptions to the Felon Gun Ban in Texas
While the general rule is that convicted felons are prohibited from possessing firearms in Texas, there are some exceptions to this rule:
• Restorative Justice Programs: Some felons may be eligible to participate in restorative justice programs, which allow them to possess firearms as part of their rehabilitation.
• Firearm-Related Offenses: Felons who have been convicted of firearm-related offenses may be eligible to possess firearms in certain circumstances, such as for hunting or self-defense.
• Mandatory Minimum Sentences: Felons who have been sentenced to mandatory minimum sentences for certain crimes may be prohibited from possessing firearms for a specific period of time.
Table: Felon Gun Ban in Texas
| Felony Conviction | Possession of Firearms |
|---|---|
| Assault or Aggravated Assault | Prohibited |
| Drug-Related Felonies | Prohibited |
| Firearm-Related Felonies | Prohibited |
| Violent Crimes | Prohibited |
| Other Felonies | Varies |
Conclusion
In conclusion, the possession of a firearm by a convicted felon is a serious offense in Texas. Felons who are found to possess a firearm can face serious legal consequences, including felony charges and enhanced sentencing. While there are some exceptions to the felon gun ban in Texas, these exceptions are limited and generally require a court order or special permission. As a result, it is essential for individuals who have been convicted of a felony to understand the laws and consequences related to firearm possession in Texas.
