What Misdemeanors Prohibit Gun Ownership in Texas?
In the United States, the possession of firearms is a controversial topic, with many countries having varying laws and regulations surrounding gun ownership. In Texas, the laws related to gun ownership are guided by the Texas Penal Code, which outlines the misdemeanors that prohibit an individual from owning a firearm.
What Misdemeanors Prohibit Gun Ownership in Texas?
Texas Penal Code Section 46.04(a) defines a misdemeanor that prohibits an individual from owning a firearm. According to this section, a person is considered disqualified from owning a firearm if they have been convicted of a misdemeanor crime punishable by confinement in a federal institution or a state penitentiary.
The following misdemeanors are some examples of those that would disqualify an individual from owning a firearm:
- Assault causing bodily injury: This type of assault is considered a misdemeanor and can result in a fine of up to $4,000 or imprisonment for up to one year.
- Indecent exposure: Exposing oneself in a public place can be considered a misdemeanor and can result in a fine of up to $4,000 or imprisonment for up to one year.
- Disorderly conduct: Engaging in disorderly conduct can be considered a misdemeanor and can result in a fine of up to $4,000 or imprisonment for up to one year.
- Public intoxication: Being intoxicated in public can be considered a misdemeanor and can result in a fine of up to $4,000 or imprisonment for up to one year.
Other Misdemeanors that Prohibit Gun Ownership in Texas
In addition to the examples mentioned above, the following misdemeanors can also prohibit an individual from owning a firearm in Texas:
• Misdemeanor animal cruelty: Engaging in animal cruelty can result in a fine of up to $4,000 or imprisonment for up to one year.
• Misdemeanor breach of peace: Engaging in behavior that disturbs the peace can result in a fine of up to $4,000 or imprisonment for up to one year.
• Misdemeanor criminal trespass: Entering or remaining on someone else’s property without permission can result in a fine of up to $4,000 or imprisonment for up to one year.
• Misdemeanor disorderly conduct: Engaging in behavior that disturbs the peace can result in a fine of up to $4,000 or imprisonment for up to one year.
• Misdemeanor failure to identify fugitive: Failing to provide information about a wanted individual can result in a fine of up to $4,000 or imprisonment for up to one year.
Table: Summary of Misdemeanors that Prohibit Gun Ownership in Texas
| Misdemeanor | Definition | Penalty |
|---|---|---|
| Assault causing bodily injury | Causing bodily harm to another person | Up to $4,000 or imprisonment for up to one year |
| Indecent exposure | Exposing oneself in a public place | Up to $4,000 or imprisonment for up to one year |
| Disorderly conduct | Engaging in behavior that disturbs the peace | Up to $4,000 or imprisonment for up to one year |
| Public intoxication | Being intoxicated in public | Up to $4,000 or imprisonment for up to one year |
| Misdemeanor animal cruelty | Engaging in animal cruelty | Up to $4,000 or imprisonment for up to one year |
| Misdemeanor breach of peace | Engaging in behavior that disturbs the peace | Up to $4,000 or imprisonment for up to one year |
| Misdemeanor criminal trespass | Entering or remaining on someone else’s property without permission | Up to $4,000 or imprisonment for up to one year |
| Misdemeanor disorderly conduct | Engaging in behavior that disturbs the peace | Up to $4,000 or imprisonment for up to one year |
| Misdemeanor failure to identify fugitive | Failing to provide information about a wanted individual | Up to $4,000 or imprisonment for up to one year |
Restoration of Gun Ownership
In Texas, a person who has been disqualified from owning a firearm due to a misdemeanor conviction may be eligible to have their right to own a firearm restored after a certain period of time has passed. To have their right to own a firearm restored, a person must:
- Have been convicted of a misdemeanor
- Have completed the required sentence or probation period
- Have been discharge from the sentence or probation
- Have not committed any other crimes during the restoration period
The specific time period for restoration of gun ownership varies depending on the type of misdemeanor conviction. For example, a conviction for assault causing bodily injury would require a five-year waiting period before the individual could apply to have their right to own a firearm restored.
Conclusion
In Texas, the laws surrounding gun ownership are designed to ensure public safety by disqualifying individuals who have been convicted of certain misdemeanors from owning firearms. The misdemeanors listed in this article are examples of those that would prohibit an individual from owning a firearm in Texas. However, it is important to note that the specific requirements for restoration of gun ownership may vary depending on the type of misdemeanor conviction and the individual’s circumstances.
References
- Texas Penal Code, Section 46.04(a)
- Texas Penal Code, Section 22.01(a)
- Texas Administrative Code, Title 34, Part 1, Chapter 11, Section 11.11.1
