The answer is more complicated than YES or NO.  Under Texas law there is an exception permitting convicted felons to possess firearms, but only in their residence, five years after being released from prison, parole, or probation (if convicted and their sentence was probated).  However, under Federal law it remains illegal for a convicted felon to possess a firearm, anywhere, including their residence.

Texas Law has a VERY NARROW Exception Permitting Felons to Possess a Firearm

In Texas, the law that Addresses Convicted Felons found in Possession of a weapon (a firearm) is Texas Penal Code Section 46.04.  That section reads:

Sec. 46.04. UNLAWFUL POSSESSION OF FIREARM.

(a) A person who has been convicted of a felony commits an offense if he possesses a firearm:

(1) after conviction and before the fifth anniversary of the person’s release from confinement following conviction of the felony or the person’s release from supervision under community supervision, parole, or mandatory supervision, whichever date is later;

(2) after the period described by Subdivision (1), at any location other than the premises at which the person lives.

It takes a little deciphering to figure out what that means as far as what is legal possession of a firearm by a felon, but essentially you can own one in your home after conviction and before the fifth anniversary of the person’s release from confinement following conviction of the felony or the person’s release from supervision under community supervision, parole, or mandatory supervision, whichever date is later…at any location other than the premises where the person lives. So if you are a convicted felon and get caught with a firearm anywhere else other than the premises where you live, you can be charged with felon in possession of a weapon (or anywhere, including where you live, it has been less than 5 years since you finished parole, were released from prison, or completed probation.

It is STILL Illegal for a Felon to Possess a Firearm Under Federal Law

Unfortunately, the Federal Firearms act

Possession of a firearm by a felon remains illegal under 18 USC § 922(g), the Federal Firearm Act.  The Federal law prohibits possession of a firearm by a prohibited person; among the definitions of prohibited person is a person that has been convicted of a felony.

Before you let the Federal law scare you – let’s think about this in perspective.  Federal agents are the only ones that will be investigating and pursuing charges for Federal crimes.  The only likely scenario where weapons found in your home would get you charged with a federal crime would be if the discovery of the weapons was incidental to some other Federal search warrant being served.  So if, for example, you are a convicted felon, and your residence had a search warrant executed on it by federal agents looking for a large quantity of controlled substances, and they also find the weapons – you would be charged with Federal firearms offenses as well.

CHARGED WITH A WEAPON OFFENSE?

In Texas, when can I use deadly force to protect my Property?

Under Section 9.42 of the Texas Penal Code, a person is justified in using deadly force against another to protect land or tangible, movable property:

(1) If he is justified in using force against the other under Section 9.41 (force to protect one’s personal property); and, (2) when and to the degree he reasonably believes the deadly force is immediately necessary:

(A) to prevent the other’s imminent commission of arson, burglary, robbery, aggravated robbery, theft during the nighttime, or criminal mischief during the nighttime; or

(B) to prevent the other who is fleeing immediately after committing burglary, robbery, aggravated robbery, or theft during the nighttime from escaping with the property; and

(3) he reasonably believes that:

(A) the land or property cannot be protected or recovered by any other means; or

(B) the use of force other than deadly force to protect or recover the land or property would expose the actor or another to a substantial risk of death or serious bodily injury.

See Texas Penal Code 9.42 Deadly Force to Protect Property

In Texas, when can I use deadly force to protect another person’s property?

A person is justified in using force or deadly force against another to protect land or tangible, movable property of a third person if, under the circumstances as he reasonably believes them to be, the actor would be justified under Section 9.41 (use of force to protect one’s personal property), or 9.42 (Deadly force to protect property), and:

(1) the actor reasonably believes the unlawful interference constitutes attempted or consummated theft of or criminal mischief to the tangible, movable property; or

(2) the actor reasonably believes that:

(A) the third person has requested his protection of the land or property;

(B) he has a legal duty to protect the third person’s land or property; or

(C) the third person whose land or property he uses force or deadly force to protect is the actor’s spouse, parent, or child, resides with the actor, or is under the actor’s care.

See Texas Penal Code 9.43 Protection of Third Person’s Property

Finally, I would advise anyone contemplating the use of a firearm for personal protection to invest in firearms safety and training courses, and to obtain a license to carry a firearm if they are eligible.

IMPORTANT things to remember about Texas firearms law

• You do not need a permit to own a firearm or to keep a firearm on property that you own.
• Without a permit, you may carry a concealed or open-carry firearm while on property that you own.
• You do not need a license to carry a loaded firearm in your vehicle, so long as the weapon is not on your person, and is not in plain view (basically, if you carry a weapon in a vehicle, keep it in a closed container like the center console or the glove compartment).
• To carry a firearm concealed on your person, or open carried in a holster, you must have a license to carry a firearm.  If you carry a loaded weapon on your person you can be charged with Unlawful Carry of a weapon, a Class A Misdemeanor punishable by up to 1-year in County Jail and a $4,000 fine.
• If you have been convicted of a felony, there is a discrepancy with Federal law and Texas Law when it comes to your right to own a firearm.
  • Under Federal law, you lose your right to own a firearm indefinitely if you are convicted of a felony.
  • Under Texas law, 5-years after completing probation, parole, or being released from prison you may own a firearm, but ONLY at your residence.
• If you plead guilty to an assault involving family violence, Federal law treats this as a conviction, even if you are not convicted in court, and you will not be permitted to buy a firearm with a Federal background check.
• In Texas you may purchase a firearm in a private transaction with an individual without a Gun Dealers license, so long as the buyer proves they are a Texas resident.  No records are required to be kept, but I would suggest keeping records in a safe place anytime you engage in a private gun transaction.

CHARGED WITH A WEAPON OFFENSE?

Effective January 1, 2016 Texans will be able to open-carry a loaded firearm.

This creates some questions: Who can carry?  What restrictions are there on your right to open carry? What about the police; does this mean they can stop anyone seen openly carrying a firearm?

Let’s take them 1 by 1.

The Law 

Individuals are Authorized to openly carry a handgun in the same places that allow the licensed carrying of a concealed handgun with some exceptions.  You are required to first obtain a concealed handgun license.

Unconcealed (open-carry) handguns, whether loaded or unloaded, must be carried in a belt or shoulder holster.

If you already have a valid CHL, you do not need to take any additional measures to be allowed to open-carry, or concealed carry with their valid existing license.

A separate license will not be required to open carry. No additional fee will be required.

No additional training is required to be permitted to open-carry. Additional training will be added to the curriculum for new applicants of Concealed Handgun Licenses related to the use of restraint holsters and methods to ensure the secure carrying of openly carried handguns. The new curriculum will be required for all classes beginning January 1, 2016.

Handgun Licenses will no longer be “CHL” (Concealed Handgun Licenses), they will become LTC (License to Carry).

The eligibility criteria to obtain a license to carry do not change.

You can take a look at a text of the bill passed by the legislature and signed into the law here: House Bill 910.

Restrictions

Open carry is not permitted by a license holder in the following locations, regardless of whether the handgun is holstered:

• Institute of higher education or private or independent institution of higher education
• Any public or private driveway, street, sidewalk or walkway, parking lot, parking garage or other parking area of an institution of higher education or private or independent institution of higher education
• by an individual who is acting as a personal protection officer under Chapter 1702, Occupations Code and is not wearing a uniform.

Sign Reqs. for Businesses Prohibiting Carry of Weapons

Penal Code Section 30.06 provides the language to be included on signs to indicate license holders are forbidden to carry concealed.

Penal Code Section 30.07 provides the language to be included on signs to indicate license holders are forbidden to open carry.

Posting of both signs is an indication by the business that license holders are forbidden to carry concealed or openly.

Police Interactions

One pitfall in the law that you will not see talked about a lot is the implications when it comes to police interactions.  Normally, the police need reasonable suspiction to temporarily detain and question someone, and check their identification.  However, if you are seen openly carrying a handgun, the police will be authorized to stop and check the persons License to Carry without any additional reason.  In other circumstances, the police must have specific and articulable facts taken together with rational inferences from those facts to believe that a person has committed an offense or is about to commit an offense.  Not so if you are open-carrying.

So basically, by openly carrying, you are giving the police justification to stop you and question you, without any independent reason.

House Bill 554 (Effective September 1, 2015) adds some defenses to firearms offense prosecutions.

• Amends the Penal Code to add a defense to prosecution if the actor possessed a handgun that he or she is licensed to carry at the security checkpoint of an airport, and exited the screening checkpoint for the secured area immediately upon completion of the required screening process and notification of possession of the handgun.
• Adds the actor cannot be arrested for the sole offense of possessing a handgun that he or she is licensed to carry, unless a police officer gives the actor the opportunity to leave the area and he or she does not immediately comply.

CHARGED WITH A WEAPON CRIME?