Cofer Luster Criminal Defense Lawyers | October 22, 2026 | Criminal Law
Generally, a person with a qualifying felony conviction cannot legally possess a firearm under federal law. 18 U.S.C. § 922(g)(1) generally prohibits possession or receipt of a firearm or ammunition by someone convicted of a crime punishable by more than one year in prison, subject to statutory exceptions and rules governing the effect of the conviction.
Whether a particular conviction in Texas continues to trigger the federal prohibition can depend on what happened to the conviction afterward and whether qualifying rights to carry firearms were legally restored.
Why Does Texas Have Its Own Law if Federal Law Already Prohibits Guns?
Texas has its own felon-in-possession law because the state and federal governments operate separate criminal systems, and each enforces its own laws. Texas Penal Code § 46.04 determines when a Texas prosecutor can bring a state unlawful-possession charge. Federal law determines when a federal prosecutor can bring a federal firearm-possession charge.
The same person with the same firearm can be violating Texas law, federal law, or both at the same time.
What Is Texas’s Five-Year Rule for Convicted Felons?
Under Texas Penal Code § 46.04, a person convicted of a felony generally cannot possess a firearm before the fifth anniversary of whichever of the following occurs later:
- Release from confinement following the felony conviction
- Release from community supervision, parole, or mandatory supervision
For example, if someone is released from prison in 2026 but remains on parole until 2029, the five-year period generally begins in 2029.
Does the Texas Five-Year Rule Mean You Can Own a Gun After Five Years?
Not necessarily. Once the five years pass, Texas § 46.04 generally limits firearm possession to the premises where the person lives.
In other words, even under Texas law alone, this is not a return to unrestricted firearm possession. Federal law also does not contain a general rule allowing someone with a qualifying felony conviction to possess a gun at home simply because five years have passed.
Does Federal Law Prohibit Every Person Who Has Ever Had a Felony Conviction?
Not every prior conviction is treated the same under federal firearm law. Federal law generally covers convictions for crimes punishable by more than one year in prison, but statutory exceptions apply.
A conviction may no longer count for purposes of the federal firearm prohibition if it has been:
- Expunged
- Set aside
- Pardoned
- Followed by a qualifying restoration of civil rights
However, the effect of that relief depends on its terms. A pardon, expungement, set-aside, or restoration of civil rights may still leave firearm restrictions in place if the relief expressly preserves them.
Because post-conviction relief can affect firearm rights differently depending on the circumstances, a criminal defense attorney can review whether a particular conviction continues to trigger state or federal restrictions.
What Are the Penalties for a Felon in Possession of a Firearm?
Under Texas law, unlawful possession of a firearm by a person with a felony conviction can be charged as a third-degree felony.
The punishment range is generally two to 10 years in prison and assessment of a fine of up to $10,000.
Federal felon-in-possession charges are prosecuted separately in federal court. A knowing violation of 18 U.S.C. § 922(g) can generally result in up to 15 years in federal prison, a fine, or both.
The exact punishment in either system depends on the offense, the person’s criminal history, and any sentencing provisions that apply.
Contact the Fort Worth Criminal Defense Lawyers at Cofer Luster Criminal Defense Lawyers for a Free Consultation Today
Firearm possession after a felony conviction can be more complicated than it seems because Texas and federal law do not always produce the same answer. Cofer Luster Criminal Defense Lawyers can review the conviction, determine which restrictions may apply, and defend someone who is facing a new firearm-possession charge.
For more information, please contact the Fort Worth criminal defense law firm of Cofer Luster Criminal Defense Lawyers for a consultation. Give us a call at (682) 777-3336 or visit our convenient location:
We serve the surrounding areas of Tarrant County and Fort Worth, TX.
Cofer Luster Criminal Defense Lawyers
604 E 4th St Ste 101
Fort Worth, TX 76102
