How to File an Application to Restore Gun Rights in Texas

To restore gun rights in Texas after a felony conviction, you apply to the Texas Board of Pardons and Paroles for a full pardon from the Governor, and then file a separate Restoration of Firearm Rights application so that firearm rights are explicitly attached to the pardon. That combination is what removes both the Texas ban and the separate federal ban. Nothing shorter of a pardon fully restores your right to own a gun.

Texas Penal Code § 46.04 lets a person with a felony conviction keep a firearm at their home once five years have passed after release from confinement or community supervision, whichever ends later. Possession anywhere else remains a state felony.¹ This narrow allowance is not a restoration of rights. It is a partial state exception, and it does not touch federal law.

Why the Pardon Is the Only Reliable Route

Under 18 U.S.C. § 922(g), anyone convicted of a crime punishable by more than one year in prison is prohibited from possessing any firearm or ammunition.² The federal ban has no five-year clock and no home exception. It applies inside your house. Relying on the Texas five-year rule alone can produce a federal prosecution.

Federal law does, however, respect pardons. Under 18 U.S.C. § 921(a)(20), a conviction does not count as a conviction for federal firearms purposes if the person has been pardoned, had the conviction expunged or set aside, or had civil rights restored, as long as the pardon or restoration does not expressly prohibit firearm possession.³ A full pardon from the Governor of Texas fits within this exception when its language does not restrict firearm rights. That is why the pardon has to come first, and why the pardon’s wording matters as much as the pardon itself.

The Two-Step Process

Restoring firearm rights in Texas is really two applications. You first apply for a full pardon. Only after a pardon is granted can you submit the separate Restoration of Firearm Rights application, which is designed for people who already hold a pardon and want firearm rights explicitly attached.⁴

There is an added hurdle. The Board considers firearm rights restoration only in extreme and unusual circumstances that prevent you from earning a livelihood. If you are asking for firearm restoration as part of your full pardon package, you need a letter from an employer or potential employer, on company letterhead, explaining why you need firearm rights for your job.⁵ Someone whose only reason is home defense will find this step much harder to clear.

What the Full Pardon Application Requires

The full pardon application is available through the Texas Board of Pardons and Paroles.⁶ Gathering the paperwork takes real time. The Board expects a complete package:

Offense reports for every arrest on your record, including arrests that did not result in a conviction.
Certified court documents for each conviction: the indictment or information, judgment, sentence, orders of dismissal or discharge, and discharge certificates. These come from the district clerk, county clerk, justice of the peace, or municipal court clerk that handled the case.⁷
An official criminal history statement from the sheriff of the county where you currently live.⁵
Three letters of recommendation from people outside your family who know you well. Each must be a current dated original (no photocopies or faxes), addressed to the Board of Pardons and Paroles, and must include the writer’s name, occupation, signature, phone number, and mailing address. Each letter must explicitly recommend a full pardon by name.⁵
A personal statement explaining your reasons for requesting a pardon, what you have done since your conviction to demonstrate rehabilitation, and your own account of the offense. Responses like “N/A” or “Unknown” are not accepted.⁵
If you are seeking firearm restoration, the employer letter described above.

If any agency refuses to provide requested documents, submit a letter to the Board explaining that, including the agency’s name and address. Do not file an incomplete package without that explanation; the file will stall.

How Submission and Review Work

You can send the completed package to the Board by U.S. mail, email, or fax, or hand-deliver it to the Board’s central office in Austin.⁷ Staff will pull a criminal history report to verify what you disclosed. Board members then review your criminal record, the nature of your offense, the evidence of rehabilitation, and your standing in the community. If a majority votes to recommend, the file goes to the Governor for the final decision. The Governor cannot grant clemency without the Board’s recommendation.⁶

There is no published timeline. The process routinely runs beyond a year, and a denial letter will tell you when you can reapply.⁷ Plan for a multi-year effort, particularly if you need to resubmit. The application itself has no filing fee, but obtaining certified court documents and criminal history records costs vary by county.

What Tends to Help an Application Succeed

The Board recommends only a small share of applications, and the Governor grants a smaller share still. A few patterns show up in stronger files:

More years between the conviction and the application. Filing at the five-year mark is technically possible but rarely works.
A clean record since. Any later arrests or convictions, even minor, hurt the file. The Board looks at your entire history.
Concrete rehabilitation. Steady employment, community involvement, education, and family responsibility carry more weight than general statements about being a changed person.
Strong letters. Recommendations from employers, community leaders, or mentors who can speak to specific traits are worth more than generic character references. Three are required; additional credible letters can help.

An attorney experienced in Texas clemency work is not required, but can help with how the file is organized and presented.

If Your Case Ended in Deferred Adjudication

Deferred adjudication that you successfully completed is not a conviction under Texas or federal law, so § 922(g) does not apply to you and no pardon is needed to restore what was never permanently taken. Two cautions. While you are still on deferred adjudication for a crime punishable by more than one year, § 922(n) prohibits firearm possession because you remain under an indictment or information. And if your deferred adjudication was revoked and became a final conviction, you are in the same position as anyone else with a felony conviction and need to pursue a pardon.

If Your Conviction Was a Domestic Violence Misdemeanor

Most Texas misdemeanor convictions do not affect firearm rights. The important exception is a conviction that qualifies as a “misdemeanor crime of domestic violence” under federal law. Section 46.04 adds a five-year state ban after a Class A misdemeanor assault involving a family or household member,¹ but the federal ban is broader and, for most relationships, permanent.² Federal law reaches any misdemeanor involving the use or attempted use of physical force, or the threatened use of a deadly weapon, against a spouse, former spouse, co-parent, cohabitant, or someone in a similar relationship, whether or not Texas labeled the offense as domestic violence.³

Two exceptions can matter. The federal ban does not apply if you were not represented by counsel and did not knowingly waive that right, or if you were entitled to a jury trial and denied one without a knowing waiver. And a pardon, expungement, or set-aside that does not expressly restrict firearm possession removes the disqualification the same way it does for felonies. There is also a narrow automatic restoration for a single domestic violence misdemeanor involving a dating partner (not a spouse, co-parent, or cohabitant): rights restore five years after conviction or after completion of any custodial or supervisory sentence, whichever is later, so long as you have no later disqualifying convictions.³

The Federal § 925(c) Route Is Effectively Closed

Federal law contains its own relief provision. Under 18 U.S.C. § 925(c), a prohibited person can apply to the Attorney General for relief from federal firearms disabilities, with judicial review if denied.⁸ Since 1992, Congress has attached a rider to every ATF appropriations bill blocking the agency from spending any funds to process these applications. In March 2025, the Attorney General withdrew the delegation of authority from ATF, which could in theory let the Department of Justice handle applications directly.⁹ Whether a functioning program follows is not yet known. Until it does, a Texas governor’s pardon remains the only proven way to restore firearm rights at both the state and federal level.

1
State of Texas. Texas Penal Code Section 46.04 – Unlawful Possession of Firearm
2
Office of the Law Revision Counsel. 18 USC 922 – Unlawful Acts
3
Office of the Law Revision Counsel. 18 USC 921 – Definitions
4
Texas Department of Criminal Justice. Restoration of Firearm Rights Application
5
Texas Department of Criminal Justice. Full Pardon Application
6
Texas Board of Pardons and Paroles. Executive Clemency Information
7
Texas Board of Pardons and Paroles. Clemency Process FAQ
8
Office of the Law Revision Counsel. 18 USC 925 – Exceptions: Relief from Disabilities
9
Federal Register. Application for Relief From Disabilities Imposed by Federal Laws