Convicted felons can own firearms in Texas; here's how

Texas gun laws: How can a convicted felon own a firearm?

FOX 26 has gotten a lot of questions about Texas gun laws and the ability for felons to own them. Here's a breakdown.

HOUSTON - In Texas, a convicted felon can legally own a firearm - with some restrictions. Here's what you need to know. 

The law and the limits 

Under Texas Penal Code §46.04, individuals convicted of a felony may legally possess a firearm at their home five years after completing their sentence, including any parole or probation period. The law only allows possession at the person's residence. 

The same rule applies to family violence convictions. Texas law prohibits gun possession for five years after a misdemeanor conviction involving family violence. After that period, state law technically allows home possession of a firearm. Not in one's car or place of business, only their residence. 

FULL VIDEO: Felon can possess a weapon legally in Texas; Houston defense attorney explains

A felon can possess a weapon legally in Texas. FOX 26's Abigail Dye spoke with a Houston defense attorney who explained further.

Is it still illegal federally? 

Despite the Texas law, federal law does not allow felons to own or possess firearms under any circumstances. The federal Gun Control Act of 1968 prohibits anyone convicted of a felony from possessing firearms, ammunition, or explosives. This applies regardless of state-level permissions and can lead to federal charges. 

"The likelihood of them actually being prosecuted is slim, but it's still a violation of federal law," said Houston criminal defense attorney Anthony Osso. "The only time you really see that is a search warrant or if the person was violating other federal laws."

This extends to individuals convicted of misdemeanor domestic violence and to those subject to certain restraining or protective orders, as outlined by the Bureau of Alcohol, Tobacco, Firearms and Explosives (ATF). Possession of a firearm is federally illegal under any circumstances for those convicted of these crimes. 

Buying a Gun as a convicted felon 

All firearms purchased through a federally licensed firearms dealer (FFL) — including at gun shows — require a background check through the FBI’s National Instant Criminal Background Check System (NICS), in accordance with federal law (FBI NICS, ATF). So, those sellers are not allowed to sell firearms to anyone convicted of a felony under federal law. 

Private sales, however, are not subject to background checks under Texas law. Individuals buying from non-licensed sellers (including at gun shows or through personal exchanges) do not need to undergo a background check or register the firearm. 

"The felon is allowed to purchase the firearm from anyone who will sell [it] to them legally. The problem is that it's still a federal offense for someone to sell a firearm to a person who is prohibited from possessing a firearm under federal law. That's why you don't see Academy or other gun stores selling to felons," said Osso. 

Can a Felon have a gun in their car?

The law only allows felons who meet the 5-year requirement to possess a firearm in their home, not their vehicle. 

"If you transport a gun from a store to your residence after purchase, while in the car you are committing felon in possession of a weapon," said Osso. 

Osso says it's important for anyone convicted of a felony to consult an attorney prior to attempting to purchase a firearm.