Felon: Can You Own A Firearm In Texas?

Federally, no. In at least one state, yes, provided you don’t get it from a Federally-licensed dealer, and you always keep it in your home.

Texas state law criminalizes “felons in possession”, but only if they possess the weapon within 10 years of the full completion of their sentence including probation/parole, and/or if the weapon is possessed outside the home. So theoretically a felon 10 years passed his sentence, including parole, can own a gun and keep it in his home for his own defense. EDIT: the law has changed since this post, to reduce the term to 5 years after completion of incarceration and/or supervised release.

Under Federal law, however, a person in possession of a firearm who has been convicted of any crime punishable by more than a year in jail is committing a Federal crime worth ten in the pen, no matter how long ago the conviction was. The Feds usually have better things to do than bust ex-felons, much to the frustration of local police in many cases, but if you draw attention to yourself or commit any other crime the Feds are more willing to prosecute, the gun possession is an additional 10-year gimme.

If the felony is that old and you’ve stayed out of trouble and built a respectable life since getting out, you can avoid Federal problems by petitioning the court for a restoration of civil rights. Basically, the court says that you’ve demonstrated yourself sufficiently rehabilitated that you should no longer have the limitations on your rights that come with being an ex-con. That’s typically something you must show you have earned; most judges won’t just sign that kind of order as a matter of course, and it’s largely their discretion to do so at all.

Also understand that the felony and the expungement or restoration order don’t just automatically cancel out in the NICS system used for background checks. The fact you have a felony record will red-flag any 4473 form submitted by an FFL in your name. Theoretically, the idea is that the person processing the application on the NICS side looks through the full record and will find the restoration order and determine it quashes the felony conviction, but if they miss it you will be denied, and there’s a lengthy, time-consuming and expensive process to make sure your NICS records are being properly interpreted (and there’s no penalty to the FBI that runs NICS even if you prove you were falsely denied; you get a “sorry, we’ll try to do better next time” and they really won’t).

One option to avoid these headaches, after you’re gotten your conviction taken care of, is to apply for a carry license in one of the 25 states where that license is an acceptable substitute for NICS checks. You go through a comprehensive background check one time (where you usually get the chance to clue the agency into the existence of the restoration order), you take the class, get fingerprinted, maybe pass a practical qualification (you’ll have to rent or borrow a suitable firearm), then once you have the permit, you still have to fill out the 4473 but the FFL doesn’t have to send it to NICS; they write your license number on the form as the proof of background check, you pay them and you have a gun.