Gun Rights
Texas Felon Gun Rights Restoration: State Law vs. Federal § 925(c)
The search phrase “felon gun rights restoration Texas” reflects a common legal trap: people find Texas Penal Code § 46.04, see the five-year language, and assume federal firearm rights automatically return at the same time. They do not.
Direct answerTexas law and federal law can produce different answers for a person with a felony conviction. Texas Penal Code § 46.04 generally restricts firearm possession for five years after the later of release from confinement or supervision and, after that period, limits possession to the premises where the person lives. But a person who remains federally prohibited under 18 U.S.C. § 922(g)(1) cannot rely on the Texas rule alone to lawfully possess a firearm under federal law.
What Texas Penal Code § 46.04 says
Texas Penal Code § 46.04 provides that a person convicted of a felony commits an offense by possessing a firearm after conviction and before the fifth anniversary of the later of release from confinement or release from community supervision, parole or mandatory supervision. After that period, the statute generally prohibits possession at a location other than the premises where the person lives.
Read the current text directly in the Texas Penal Code Chapter 46 because amendments and other restrictions can change the analysis.
Why the Texas five-year rule does not erase federal law
Federal law separately prohibits many people convicted of crimes punishable by more than one year under 18 U.S.C. § 922(g)(1). A state statute allowing limited possession under state law does not automatically remove a federal disability.
That means a person could reach the point where Texas § 46.04 no longer prohibits possession at the person’s residence while still violating federal law by possessing the same firearm.
The new federal § 925(c) route
DOJ’s 2026 Federal Firearm Rights Restoration program creates a separate path to seek relief from applicable federal firearm disabilities. A person prohibited because of a felony can apply, but the federal rule uses permanent, ten-year, five-year, current-status and reapplication presumptions.
For a nonviolent felony that is not in the more serious categories, the federal five-year presumption may be relevant. Importantly, DOJ measures the sentence broadly, including supervision and unsatisfied criminal penalties.
Texas restoration options can still matter
Depending on the conviction and circumstances, Texas remedies can include pardon or other court-based relief. DOJ’s state-resource materials also direct people with certain mental-health firearm disabilities to Texas court relief processes. The correct route depends on why the firearm disability exists.
A Texas pardon or restoration order should be reviewed for its exact legal effect under both Texas law and federal law. Do not assume that every state order has the same federal consequence.
A Texas case should answer four separate questions
- What exactly was the conviction and what was the maximum punishment?
- Does Texas law currently prohibit possession, carrying or acquisition?
- Does federal law independently prohibit possession under § 922(g)?
- Has any pardon, restoration order, qualifying state relief, restoration order or federal § 925(c) grant changed either prohibition?
Answering only the Texas question is not enough when federal law remains in play.
Do not use the five-year home rule as permission to possess
The safest way to analyze Texas firearm rights after a felony is to treat state and federal law as separate layers. A person should not possess, receive, purchase, transport or handle a firearm based only on a general reading of § 46.04 or an online summary.
See the dedicated Texas gun-rights restoration guide and DOJ’s official federal program page for the two sides of the analysis.
Frequently asked questions
Texas Penal Code § 46.04 contains a five-year rule and a home-premises limitation, but federal law may still independently prohibit possession.
No. State law does not automatically remove a federal § 922(g)(1) disability.
If the person is currently federally prohibited under a category of § 922(g), DOJ says the person may apply, subject to presumptions and individualized review.
A pardon can affect rights, but the exact language and federal legal effect must be reviewed in the individual case.
No. Verify current Texas law, federal law and the legal effect of your specific conviction and any restoration order before acting.
Verify before acting. Federal firearm law is highly fact-specific. A restoration application, state-law change, pardon, qualifying restoration order, or completed sentence is not by itself permission to possess or purchase a firearm unless every applicable federal and state prohibition has been removed.
General information only. This article is not legal advice and is not permission to possess, receive, transport or purchase a firearm. Verify the current law and the legal effect of your actual court orders.
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