What Disqualifies You From Owning a Gun in Texas?

What disqualifies you from owning a gun in Texas is a mix of federal prohibitions that apply nationwide and Texas-specific rules layered on top: a felony conviction, certain domestic violence convictions, an active protective order, a mental health adjudication, unlawful use of a controlled substance, and several other federal categories like being a fugitive, being unlawfully present in the country, or having a dishonorable discharge. Because both systems apply at once, someone who clears Texas law can still be barred under federal law, and that mismatch is where most people get into trouble.

Felony Convictions

Federal law permanently bars anyone convicted of a crime punishable by more than one year in prison from possessing a firearm or ammunition.¹ That covers virtually every felony, whether it was prosecuted in federal or state court. There is no waiting period, no automatic expiration. Unless you receive a presidential pardon or qualify for a narrow relief process, the federal ban lasts for life.

Texas writes the rule differently. Under the Texas Penal Code, a convicted felon cannot possess a firearm at all during the first five years after completing the sentence, including any time on parole or community supervision. After that five-year window closes, Texas permits possession only at the premises where you live.² You still cannot carry a firearm outside your home, even with a license to carry.

Here is the catch. The Texas premises allowance does not override the federal lifetime ban. A convicted felon who keeps a gun at home after five years may be complying with state law while simultaneously violating federal law. Whether federal authorities choose to prosecute in that situation is a separate question, but the exposure is real. Anyone with a felony on their record should treat this overlap seriously before assuming they can possess a firearm again.

Domestic Violence Convictions

A misdemeanor conviction for domestic violence triggers a federal firearm ban regardless of how minor the sentence was.¹ The prohibition originally covered only offenses involving a spouse, someone you lived with, or someone with whom you share a child. In 2022, the Bipartisan Safer Communities Act closed the so-called “boyfriend loophole” by expanding the definition to include anyone in a serious dating relationship.³ An abusive dating partner now faces the same disqualification as an abusive spouse.

Texas targets one specific offense of its own: a Class A misdemeanor assault causing bodily injury to a family or household member under Section 22.01 of the Penal Code. A conviction for that offense bars you from possessing a firearm for five years after completing your sentence, including any period of community supervision.² Unlike the Texas felony rule, there is no premises exception once those five years pass; the state ban lifts entirely. The federal ban, however, does not expire for convictions involving a spouse or cohabitant.

Active Protective Orders

An active protective order can disqualify you from gun ownership under both federal and Texas law, and the Supreme Court confirmed in 2024 that this type of restriction is constitutional in United States v. Rahimi.⁴

For federal purposes, the order must have been issued after a hearing where you received notice and had an opportunity to participate, and it must either include a finding that you represent a credible threat to an intimate partner or child, or explicitly prohibit the use or threatened use of physical force.¹ Ex parte orders issued without a hearing generally do not trigger the federal ban.

Texas is broader. Penal Code Section 46.04(c) makes it a criminal offense to possess a firearm after receiving notice of a protective order issued under the Family Code (including Chapter 85 family violence orders) or under the Code of Criminal Procedure (covering victims of stalking, sexual assault, and trafficking).² Family Code Chapter 85 requires every protective order, including temporary ex parte orders, to carry a bold warning that firearm possession while the order is active is unlawful.⁵ The court may also suspend your license to carry as part of the order. The ban lifts when the order expires or is dismissed.

Mental Health Adjudications

Federal law prohibits firearm possession by anyone who has been adjudicated as mentally defective or involuntarily committed to a mental institution.¹ This covers formal judicial or administrative proceedings, not voluntary decisions to seek treatment. Checking yourself into a hospital or seeing a therapist on your own does not create a disqualification. The prohibition attaches only when a court, board, or other authority makes a binding determination.

Texas requires district and county clerks to report a range of mental health-related court orders to the Department of Public Safety, which then feeds the information into the federal background check system. Reportable cases include involuntary commitments for inpatient mental health services, guardianships based on a finding that the person lacks mental capacity, acquittals by reason of insanity, and findings of incompetence to stand trial.⁶ The signed court order is what triggers reporting.

Getting out from under a mental health-based firearms disability follows a specific path. If the adjudication happened in a state that has adopted a qualifying relief program under federal law, that state program is the only route. If not, the person may apply to the federal government, but relief requires a finding by a court or other authority that the individual has been restored to mental competency and no longer suffers from the relevant disorder, that all rights have been restored, and a current certification from a licensed mental health professional confirming the applicant is not a danger to the community.⁷

Unlawful Drug Use

Federal law bars anyone who is an unlawful user of, or addicted to, a controlled substance from possessing firearms.¹ Because marijuana remains a controlled substance under federal law, this prohibition applies even in states with legal medical or recreational programs. If you use marijuana and attempt to buy a firearm through a licensed dealer, you will run into this on the background check form.

In January 2026, ATF issued an interim rule narrowing what counts as an “unlawful user.” Under the revised definition, the prohibition requires evidence of regular and recent use over an extended period, not just a single incident. Isolated or sporadic use, a single positive drug test, or a single misdemeanor possession conviction no longer meets the threshold on their own.⁸ ATF removed earlier guidance that had treated things like a single drug conviction within the past year as sufficient evidence. Regular, ongoing use still disqualifies you.

Other Federal Disqualifiers

Several additional categories under federal law will prevent you from legally possessing a firearm in Texas:¹

Fugitives from justice, meaning anyone who has fled a state to avoid prosecution or to avoid testifying in a criminal proceeding.
People who are unlawfully present in the United States, and most people who entered on a nonimmigrant visa. Nonimmigrant visa holders who hold a valid hunting license issued by any state are excepted.
Anyone dishonorably discharged from the military, which results from a general court-martial conviction and permanently bars firearm possession.
Former U.S. citizens who have formally renounced their citizenship.¹
Anyone currently under indictment for a crime punishable by more than a year in prison. A licensed dealer cannot sell to that person; the restriction on purchases lifts if you are acquitted or the charges are dropped.

Age Limits for Buying

Texas law makes it illegal to sell or give a firearm to anyone younger than 18. A parent or legal guardian can give written permission for a sale, which serves as a defense, but the baseline is 18.⁹ Federal law adds another layer. Licensed dealers cannot sell a handgun or handgun ammunition to anyone under 21, though they can sell long guns to buyers who are at least 18. Private sales of handguns to people under 18 are also prohibited under federal law. These age rules are absolute and cannot be waived by a background check or a license to carry.

Private Sales Don’t Change Your Status

Texas does not require background checks for private firearm sales between unlicensed individuals. Only purchases from a federally licensed dealer trigger a National Instant Criminal Background Check System (NICS) check. In a private sale, the seller is not legally required to verify whether the buyer is a prohibited person, though knowingly selling to someone who cannot legally possess a firearm is a crime under both federal and state law.

This gap matters because every disqualification above applies regardless of how you obtained the firearm. Buying from a neighbor or at a gun show does not create a legal workaround. If you are a convicted felon, subject to a protective order, or otherwise prohibited, possessing any firearm is illegal whether you bought it at a store or in a parking lot. The absence of a background check does not change your legal status.

Penalties for Illegal Possession

Under Texas law, a convicted felon who possesses a firearm in violation of Section 46.04 faces a third-degree felony, which carries two to ten years in prison. Violating the domestic violence, protective order, or other provisions of the same statute is a Class A misdemeanor, punishable by up to one year in jail and a fine of up to $4,000.²

Federal penalties are steeper. A prohibited person who possesses a firearm faces up to 15 years in federal prison.¹⁰ If the person has three or more prior convictions for violent felonies or serious drug offenses, the Armed Career Criminal Act carries a mandatory minimum of 15 years. Federal straw purchasing, where someone buys a firearm on behalf of a prohibited person, now carries up to 25 years, and firearms trafficking up to 15 years, under laws created by the 2022 Bipartisan Safer Communities Act.³ Forfeiture of proceeds or property connected to the offense is also on the table.

Getting Your Rights Back

The route back depends on what caused the disqualification. For a Texas felony conviction, the five-year clock runs from the later of your release from confinement or completion of community supervision. After five years, you can possess a firearm at your home under state law without taking any affirmative legal steps.² The federal lifetime ban remains, which is a conflict state law alone cannot resolve.

On the federal side, the statute authorizing relief from firearms disabilities allows a prohibited person to apply to the Attorney General. If approved, relief is granted based on a showing that the applicant is not likely to endanger public safety and that restoration would not be contrary to the public interest.¹¹ In practice, Congress has not funded the ATF program that processes these applications for decades, effectively freezing most individual petitions. A denial can be appealed to a federal district court. A full pardon or expungement of the underlying conviction is the more reliable path to restoring federal rights, though both are difficult to obtain.

If you were turned down at the gun counter and believe the record is wrong, you can challenge a NICS denial through the FBI’s electronic portal using the NICS Transaction Number from the denied sale. The FBI has 60 calendar days to respond with a final decision.¹² If the denial is sustained and the underlying record is wrong, the next step is fixing the record itself, whether through a court order correcting an inaccurate criminal history entry or documentation that a conviction was expunged or pardoned. A lawyer who handles firearms cases can tell you which approach fits.

1
Office of the Law Revision Counsel. 18 US Code 922 – Unlawful Acts
2
State of Texas. Texas Penal Code Section 46.04 – Unlawful Possession of Firearm
3
Federal Register. Bipartisan Safer Communities Act Conforming Regulations
4
Supreme Court of the United States. United States v. Rahimi, No. 22-915
5
State of Texas. Texas Family Code Chapter 85 – Issuance of Protective Order
6
Texas Office of Court Administration. Texas NICS Mental Health Reporting Manual
7
Federal Register. Application for Relief From Disabilities Imposed by Federal Laws With Respect to the Acquisition, Receipt, Transfer, Shipment, Transportation, or Possession of Firearms
8
Federal Register. Revising Definition of Unlawful User of or Addicted to Controlled Substance
9
Texas State Law Library. How Old Do You Need to Be to Buy a Gun?
10
Office of the Law Revision Counsel. 18 US Code 924 – Penalties
11
Office of the Law Revision Counsel. 18 USC 925 – Exceptions: Relief From Disabilities
12
Federal Bureau of Investigation. Challenges / Appeals – Requesting Reason for and/or Challenging a NICS-Related Denial