Under Texas law, felons caught with firearms face severe penalties — including a minimum prison sentence of 5 years under certain federal cases. Learn the exact legal wording, sentencing range, defenses, and how to seek relief if charged.
According to Official Legal Sources:
Under Texas Penal Code § 46.04, individuals convicted of a felony may not possess a firearm after their release from prison, parole, or supervision — except under very limited conditions.
“A person who has been convicted of a felony commits an offense if he possesses a firearm after conviction and before the fifth anniversary of his release from confinement or supervision.” — Texas Constitution and Statutes
Furthermore, under 18 U.S.C. § 922(g)(1) of federal law, possession of a firearm by a convicted felon is a federal crime, punishable by up to 10 years in prison, with a minimum sentence of 5 years if the Armed Career Criminal Act (ACCA) applies.
| Factor | Details |
| Texas Statute | Penal Code § 46.04 |
| Federal Statute | 18 U.S.C. § 922(g)(1) |
| Minimum Sentence (State) | No mandatory minimum (but can be 2 years) |
| Minimum Sentence (Federal) | 5 years (under ACCA), up to 10 years |
| Offense Level (Texas) | Third-degree felony |
| Prison Time Range | 2 to 10 years |
| Fine | Up to $10,000 |
| Firearm Rights Restoration | Only after pardon or clemency |
| Possession Allowed? | Only 5+ years after release and only at residence |
| Gun Types Covered | All firearms: pistols, shotguns, rifles |
What Is Considered “Possession”?
The word “possession” is broader than most people think.
Texas law recognizes two types:
- Actual Possession: The gun is physically on the person.
- Constructive Possession: The gun is in a place the felon controls — for example, in a glove compartment or under a bed in their home.
If the prosecution proves either type, you’re likely getting charged.
What Is the Minimum Sentence for a Felon in Possession of a Firearm in Texas?
Under State Law:
- The offense is a third-degree felony under Texas Penal Code § 46.04.
- Minimum prison sentence is 2 years.
- Maximum is 10 years.
- Fines can go up to $10,000.
Under Federal Law:
- If prosecuted federally under 18 U.S.C. § 922(g), it’s a Class C felony.
- Standard sentence is up to 10 years.
- If the ACCA applies (three or more prior violent or drug felonies), the minimum sentence is 15 years with no parole.
- Federal minimum without ACCA: 5 years in many cases with enhancements (like prior convictions, firearm type, or location).
Case Law & Sentencing Examples
Here are a few real-life examples and sentencing outcomes:
🔸 Case 1: U.S. v. Johnson (2022)
- Felon caught with loaded handgun during a traffic stop.
- Had two prior drug felonies.
- Federal sentence: 7 years in federal prison (no parole).
🔸 Case 2: State of Texas v. Miguel R. (2023)
- Found with a rifle in his home, 4 years after release.
- Argued it was for home protection.
- Sentence: 3 years in TDCJ (Texas Department of Criminal Justice).
🔸 Case 3: U.S. v. Antonio Lee (2021)
- Armed Career Criminal Act applied (3+ violent felonies).
- Mandatory minimum sentence: 15 years federal time.
Important Definitions in Texas Gun Law
To better understand the charges, let’s clarify some of the terms used:
🔹 Felon:
Any person convicted of a crime punishable by more than one year in prison.
🔹 Firearm:
Under Texas and federal law, a firearm includes:
- Pistols and handguns
- Rifles and shotguns
- Sawed-off weapons
- Silencers and other firearm accessories (in some cases)
🔹 Possession:
Legal control over the gun — not necessarily ownership or physical holding.
Can a Felon Ever Legally Own a Gun in Texas?
Yes, but under very strict conditions.
A felon may possess a firearm at their home only, and only five years after:
- Being released from prison,
- Completing parole or probation.
Even then, it’s still illegal under federal law, meaning federal authorities can still prosecute the person. Just because Texas allows some limited gun possession doesn’t mean you’re safe from federal charges.
Related to this: Can a Felon Own a Taser?
Possible Legal Defenses
If you’re charged with firearm possession as a felon, here are five common defenses:
- Lack of Knowledge
- “I didn’t know the gun was in the car.”
- Lack of Possession
- The gun wasn’t in your control or access.
- Unlawful Search & Seizure
- The gun was discovered without a proper warrant or legal cause.
- False Identification or Mistaken Identity
- The gun belonged to someone else, or you were wrongly accused.
- Time Exception (5-year rule in Texas)
- If you were past the 5-year post-release window and only had the gun in your home.
Always speak to a criminal defense lawyer in Texas. They’ll review your case and identify valid legal arguments.
How to Restore Gun Rights in Texas?
To lawfully own or carry a firearm again, a felon must get:
- A full pardon from the Texas Board of Pardons and Paroles
- Or a restoration of rights (rare)
This process is complex, takes time (several months to years), and typically involves legal representation.
Resources:
- Texas Board of Pardons and Paroles Official Website
- Application for Clemency in Texas
Step-by-Step: What to Do If You’re Charged
- Do NOT speak to the police without a lawyer.
- Hire a Texas criminal defense attorney with experience in firearm and federal charges.
- Request a bond hearing.
- Review if the firearm was legally discovered.
- Consider a motion to suppress evidence if rights were violated.
- Evaluate plea deals if evidence is strong.
- Ask your attorney to check whether state or federal charges apply.
Real-World Impact
Being charged as a felon in possession of a firearm in Texas can affect your life in many ways:
- Long-term imprisonment
- Loss of civil rights
- Employment issues (especially for veterans and former officers)
- Deportation (for non-citizens)
- Parental rights complications in custody cases
Final Thought
Being caught with a firearm as a felon in Texas is no small matter. The minimum sentence can range from 2 years (state) to 5 or even 15 years (federal) depending on your record and circumstances. Even if Texas law seems to allow limited home possession, federal laws still apply and can land you behind bars for a long time.
The safest way forward? Don’t possess a gun until you’ve gone through the proper legal channels to restore your rights. If you’re already facing charges, get experienced legal help right away.
FAQs
How long does a felon have to wait to own a gun in Texas?
5 years after release from confinement or supervision — and only at their residence.
Is there a minimum sentence for this charge in Texas?
Yes, 2 years in prison, though it can be higher based on circumstances.
What’s the minimum federal sentence for firearm possession by a felon?
5 years, and 15 years under ACCA with multiple prior felonies.
Can a felon get a gun license in Texas?
No. Felons are not eligible for a license to carry (LTC).
Can I keep a gun for self-defense in my home as a felon?
Only if 5 years have passed since your release and only under Texas law — not federal.
