This encyclopedia entry explains Texas gun laws for people researching felony convictions, prohibited-person rules, firearm purchases and carry, and restoration of gun rights. It uses current nationwide comparison sources but links readers to the official Texas code because the controlling statute always governs.
Can a felon own a gun in Texas?
State-law summary: Texas generally prohibits firearm possession after felony conviction but provides a limited state-law rule allowing possession at the person’s residence after five years from release from confinement, supervision, or parole, whichever is later. Broader restoration generally requires pardon or another legally effective route. Federal law can still independently prohibit possession.
The Texas five-year home rule is frequently misunderstood: it is not a blanket federal restoration and should not be treated as permission to buy, carry, or possess everywhere.
The federal question is separate. 18 U.S.C. § 922(g)(1) generally prohibits firearm and ammunition possession after a qualifying conviction, while 18 U.S.C. § 925(c) provides a federal relief route. The effect of state relief can also require analysis under § 921(a)(20).
Texas firearm-law snapshot
| Jurisdiction | Texas (TX) |
|---|---|
| Felony / restoration summary | Texas generally prohibits firearm possession after felony conviction but provides a limited state-law rule allowing possession at the person’s residence after five years from release from confinement, supervision, or parole, whichever is later. Broader restoration generally requires pardon or another legally effective route. Federal law can still independently prohibit possession. |
| Concealed carry framework | Permitless carry for many qualifying adults; eligibility/location exceptions still apply. |
| Private-sale background checks | No broad statewide universal-background-check rule covering every private firearm transfer; federal dealer rules still apply. |
| Purchaser permit / licensing | No general purchaser-license system identified for all ordinary firearm acquisitions; other eligibility checks still apply. |
| Extreme-risk order law | No broad statewide extreme-risk protection order law identified in the current survey. |
| Waiting period | No broad statewide waiting period identified for ordinary firearm purchases. |
| Assault-style weapon restrictions | No broad statewide assault-weapon ban identified in the current comparison. |
| Large-capacity magazine restrictions | No broad statewide magazine-capacity limit identified in the current comparison. |
| Privately made / ghost-gun rules | No broad statewide ghost-gun statute identified in the current comparison; federal rules still apply. |
Policy comparisons summarize broad statewide rules and exceptions. They are not a substitute for the current statute, implementing regulations, litigation status, local rules, or a person’s eligibility.
Official Texas gun-law sources
- Official Texas code / legislature source ↗
- ATF State Laws and Published Ordinances — Firearms ↗
- 25 major gun-law court cases
- Can a felon own a gun? Federal + state guide
What is unique about Texas?
The Texas five-year home rule is frequently misunderstood: it is not a blanket federal restoration and should not be treated as permission to buy, carry, or possess everywhere. The table above also shows how Texas compares on concealed carry, private-sale background checks, purchase licensing, extreme-risk orders, waiting periods, assault-style weapons, magazine capacity, and privately made firearms. Each of those rules has exceptions and definitions that should be verified in the official code.
How to get gun rights back after a felony in Texas
- Get the exact record. Obtain the judgment, charging statute, offense classification, sentence, discharge date, and every later court or clemency order.
- Apply the Texas restoration rule. Determine whether the state uses automatic restoration, a waiting period, court petition, pardon, expungement/set-aside, certificate, or another mechanism.
- Check exclusions. Violent, dangerous, weapons, drug, domestic-violence, sex, repeat, or other listed convictions can follow different rules.
- Run the federal analysis. Determine whether § 922(g)(1), § 922(g)(8), § 922(g)(9), or another federal category still applies.
- Resolve federal relief if necessary. Review the DOJ § 925(c) restoration program when the federal disability remains.
Purchase, carry and possession are different questions
A state may allow permitless carry for qualifying adults while still prohibiting a particular person from possessing firearms. Conversely, a state may require purchase permits, waiting periods, background checks or concealed-carry licenses even after a person’s conviction-based disability has been removed. Restoration does not waive ordinary firearm regulations.
Recent court cases that may affect the analysis
Modern Second Amendment litigation is changing quickly. Bruen changed the constitutional test; Rahimi clarified the historical-analogue method; Range, Williams, Diaz, Duarte, Zherka, Vincent, and Dubois show differing appellate approaches to felony firearm challenges; and the Supreme Court’s 2026 Hemani decision narrowed § 922(g)(3) without deciding § 922(g)(1). See the case library for full entries.