You can purchase a gun with a Class A misdemeanor in Texas in most cases, but not all. The deciding factor is what the conviction was for, not the fact that it was a Class A. If your offense involved domestic violence, federal law bars you from buying or possessing a firearm for life. If it didn’t, and no other disqualifier applies, you can still pass a background check and buy legally.
Class A is the most serious misdemeanor level in Texas, one step below a felony. It carries up to a year in county jail and a fine up to $4,000.1State of Texas. Texas Penal Code 12.21 – Class A Misdemeanor The category covers a wide range of offenses that interact with gun rights very differently, so the classification alone tells you little.
The Domestic Violence Exception
The single biggest reason a Class A misdemeanor blocks a firearm purchase is federal law. Under 18 U.S.C. 922(g)(9), anyone convicted of a “misdemeanor crime of domestic violence” cannot ship, transport, receive, or possess any firearm or ammunition.2Office of the Law Revision Counsel. 18 USC 922 – Unlawful Acts The ban is lifetime. It applies in Texas even though Texas itself does not permanently prohibit firearm purchases for Class A convictions, because federal law controls what happens at the counter.
To qualify as a misdemeanor crime of domestic violence, the offense must have involved the use or attempted use of physical force, or the threatened use of a deadly weapon. The victim must fall into a specific relationship with you: a current or former spouse, a parent or guardian, someone you share a child with, a current or former cohabitant, or a dating partner.3Legal Information Institute. 18 USC 921(a)(33) – Misdemeanor Crime of Domestic Violence
Texas assault under Penal Code 22.01, charged as a Class A misdemeanor, almost always satisfies the physical-force element.4State of Texas. Texas Penal Code 22.01 – Assault So the deciding question is usually the relationship. A Class A assault against a stranger in a bar fight does not trigger the federal ban. The same charge against a girlfriend, spouse, or ex does.
The Texas Five-Year Possession Ban
Texas adds its own restriction on top of federal law. Under Penal Code 46.04, anyone convicted of an assault against a family or household member at the Class A level cannot possess a firearm for five years.5State of Texas. Texas Penal Code 46.04 – Unlawful Possession of Firearm The five years runs from the later of your release from confinement or your release from community supervision. Violating the ban is itself a Class A misdemeanor.
Here is the trap most people fall into. The Texas five-year window ends. The federal ban does not. If your conviction meets the federal definition of a misdemeanor crime of domestic violence, you remain federally prohibited for life even after Texas lifts its restriction. Being past the five-year mark under state law does not make it legal to buy a gun.
Other Disqualifiers That Can Apply
Domestic violence is not the only federal prohibition worth watching for.
Federal law bars anyone who is an “unlawful user of or addicted to any controlled substance” from possessing firearms.2Office of the Law Revision Counsel. 18 USC 922 – Unlawful Acts A single drug-related Class A misdemeanor does not automatically create a lifetime ban, but if you are a current user, you are a prohibited person regardless of whether you have been convicted. ATF treats a drug conviction within the past year or multiple drug arrests within the past five years as evidence of current use.
An active protective order can also disqualify you on its own. If a court issued a restraining order after a hearing where you had notice and a chance to participate, and the order protects an intimate partner or their child, federal law bars firearm possession while the order is in effect.2Office of the Law Revision Counsel. 18 USC 922 – Unlawful Acts Domestic-related misdemeanor cases often carry a protective order alongside the conviction, creating two separate barriers.
Anyone under indictment for a felony is also prohibited from purchasing. If a Class A plea left related felony charges unresolved, the background check will catch it.
What Happens at the Background Check
Every purchase from a licensed dealer in Texas requires a check through the FBI’s National Instant Criminal Background Check System. You fill out ATF Form 4473, the dealer submits the information, and NICS runs it against criminal history records, protective order databases, mental health adjudications, and other state and federal sources.
A domestic violence Class A conviction will show up and produce a denial. Other Class A convictions, such as DWI, theft between $750 and $2,500, or criminal mischief, generally will not.6State of Texas. Texas Penal Code 31.03 – Theft7State of Texas. Texas Penal Code 49.04 – Driving While Intoxicated The system looks for specific disqualifying categories, not misdemeanors in general. An outstanding warrant, an active protective order, or a pending felony indictment will each independently trigger a denial.
Private sales in Texas do not require a background check. That does not change your legal status. If federal law prohibits you from possessing a firearm, buying one through a private sale is just as illegal as buying one from a dealer.
Carrying and Getting an LTC
Since 2021, most Texans 21 and older can carry a handgun in public without a license. The permitless carry law explicitly says people already prohibited under state or federal law gain no new rights from it.8Texas State Law Library. Carry of Firearms – Gun Laws If Section 46.04 or a federal prohibition applies to you, permitless carry is not a workaround.
For a formal License to Carry, Texas has a separate five-year rule that applies to all Class A misdemeanors, not just domestic violence. You cannot receive an LTC if you were convicted of a Class A or Class B misdemeanor within the five years before your application.9Department of Public Safety. Administrative Enforcement Actions FAQs So a DWI or theft conviction from three years ago will not stop you from buying a firearm, but it will stop you from getting an LTC until the five years are up.
Age minimums still apply. Federal law requires you to be at least 18 to buy a rifle or shotgun from a licensed dealer and at least 21 to buy a handgun.10Bureau of Alcohol, Tobacco, Firearms and Explosives. Minimum Age for Gun Sales and Transfers
Penalties If You Buy or Possess Anyway
The stakes for buying or possessing a firearm as a prohibited person are steep and got steeper recently. The Bipartisan Safer Communities Act of 2022 raised the maximum federal penalty for 18 U.S.C. 922(g) violations, including the domestic violence and drug-user prohibitions, from 10 years to 15 years in prison.11Congress.gov. Bipartisan Safer Communities Act (P.L. 117-159) Section-by-Section Summary ATF has confirmed the 15-year maximum applies to firearm violations tied to domestic violence misdemeanors.12Bureau of Alcohol, Tobacco, Firearms and Explosives. Misdemeanor Crimes of Domestic Violence Prohibitions
Lying on Form 4473 to hide a disqualifying conviction is a separate federal crime under 18 U.S.C. 924(a)(1), carrying up to five years.13Office of the Law Revision Counsel. 18 USC 924 – Penalties Federal prosecutors have said publicly they are pursuing these cases aggressively.14Bureau of Alcohol, Tobacco, Firearms and Explosives. Federal Prosecutors Aggressively Pursuing Those Who Lie in Connection With Firearm Transactions Lying on the form and then taking possession of the firearm can produce both charges.
On top of any federal penalties, a Section 46.04 violation in Texas is itself a Class A misdemeanor, adding up to another year in jail and another $4,000 fine.5State of Texas. Texas Penal Code 46.04 – Unlawful Possession of Firearm
Restoring Firearm Rights
If your Class A misdemeanor is the kind that blocks gun ownership, you have options, but they are limited.
Expunction
A Texas expunction (called “expunction” in state law, “expungement” elsewhere) erases the arrest and conviction. It is generally available only when charges were dismissed, you were acquitted, or you received a pardon, not after a guilty plea or trial verdict. When available, it resolves both state and federal barriers, because federal law says a conviction does not count as a misdemeanor crime of domestic violence if it has been expunged or set aside.15Office of the Law Revision Counsel. 18 USC 921 – Definitions
Orders of Nondisclosure
Nondisclosure is more widely available. It seals the record from public view so most employers and background check services cannot see it.16Texas Office of Court Administration. Overview of Orders of Nondisclosure For certain nonviolent misdemeanors resolved by deferred adjudication, nondisclosure issues automatically after a 180-day waiting period.17State of Texas. Texas Government Code 411.072 – Procedure for Deferred Adjudication Community Supervision, Certain Nonviolent Misdemeanors But Section 411.072 explicitly excludes assault (Chapter 22), offenses against the family (Chapter 25), and weapons offenses (Chapter 46). If your Class A was a family violence assault, the automatic track is unavailable.
The bigger issue is federal recognition. Nondisclosure seals the record; it does not erase the conviction. Federal law lifts the domestic violence firearm ban only when a conviction is “expunged or set aside,” or when the person has been pardoned or had civil rights restored.15Office of the Law Revision Counsel. 18 USC 921 – Definitions Whether a Texas nondisclosure order counts as the conviction being set aside is legally uncertain, and the federal government has historically read that provision narrowly. A nondisclosure order may help you at a state records check while leaving the federal prohibition fully in place. If your case involved domestic violence, get legal advice before relying on a nondisclosure order to restore firearm rights. The downside of guessing wrong is a potential 15-year federal sentence.