Regaining Your Gun Rights
Losing your right to own or carry a firearm can feel like a major setback, especially in Texas, where gun ownership is a deeply held tradition. However, if a criminal conviction has deprived you of this right, there is still hope. The good news is that there are legal paths to restoring your firearm rights, even though the journey can be complex. Whether you’re dealing with Texas state laws or navigating federal regulations, understanding your options could be the first step in regaining your freedom to own a firearm again.
Who in Texas Cannot Own a Gun?
Before diving into firearm rights restoration, it’s important to know who is prohibited from owning or possessing a firearm in Texas. Both state and federal law impose restrictions based on your criminal record, mental health status, and other factors.
Under Texas law (Penal Code §46.04), anyone convicted of a felony offense cannot possess a firearm until five years have passed since their release from prison, parole, or probation. After that period, they may only possess a firearm at home. Additionally, those convicted of a domestic violence crime, even as a misdemeanor, may be permanently banned from possessing firearms under federal law.
Other restrictions include:
- Those under protective orders related to crimes such as domestic violence or stalking
- Those deemed mentally incompetent or involuntarily committed to a mental institution
- Individuals addicted to controlled substances
Federal law also restricts firearm rights for certain groups, such as those convicted of crimes punishable by imprisonment for over a year, fugitives, and illegal drug users. These restrictions make it difficult to restore your firearm rights without a thorough legal process.
Ways to Restore Gun Rights in Texas
If you’ve lost your gun rights due to a conviction, restoring them is possible, but the process is complex. Here are the steps you may need to take:
- Completing Your Sentence For most non-domestic violence misdemeanor convictions in Texas, you regain your gun rights automatically after completing your sentence, including any probation, parole, or fines. However, if you’ve been convicted of a felony, your firearm rights can only be restored after five years, and only for possessing a firearm in your home.
- Expungement or Record Sealing Another option for restoring your rights is expungement or record sealing. In Texas, expungement is only available in limited cases, like if your case was dismissed or you were acquitted. Record sealing, also called an order of nondisclosure, might be an option for certain misdemeanors and deferred adjudication cases. However, even with expungement or record sealing, your gun rights may not be fully restored without additional steps like seeking a pardon or court order.
- Seeking a Pardon One way to restore your firearm rights in Texas is through a pardon. A full pardon from the Governor restores your right to possess a firearm, vote, hold public office, and serve on a jury. The process of obtaining a pardon requires submitting an application to the Texas Board of Pardons and Paroles, which reviews your case and makes a recommendation to the Governor. Pardons are rare and usually granted in exceptional circumstances, such as cases showing significant rehabilitation or mitigating factors in the original conviction.
Federal Gun Rights Restoration
Restoration of your firearm rights at the federal level is more challenging. Federal law imposes stricter restrictions that state actions, like expungement or set-asides, often cannot resolve. For example, a conviction for a domestic violence crime triggers a lifetime federal firearm ban, which can only be lifted through a presidential pardon.
Felony convictions also lead to a permanent loss of gun rights under federal law. The Bureau of Alcohol, Tobacco, Firearms, and Explosives (ATF) once had a program that allowed individuals convicted of a felony to apply for restoration of their firearm rights, but this program has been suspended for years due to lack of funding. As a result, obtaining a presidential pardon is often the only way to regain your federal gun rights.
The process of applying for a federal pardon involves submitting a detailed application to the Office of the Pardon Attorney, providing extensive documentation, and meeting strict eligibility requirements. Even then, the chances of receiving a pardon are low, and the process can take years. For most people facing federal firearm restrictions, a presidential pardon is the only realistic option for restoring their rights.