Gun Ownership Restrictions After Theft or Fraud Convictions in Texas

In Texas, a theft or fraud conviction can do more than impact your record—it can affect your right to own or possess a firearm. Under both Texas and federal law, individuals convicted of certain felonies or domestic-related theft offenses may lose their gun rights permanently or for a specific period. Even misdemeanor convictions can trigger restrictions, depending on the circumstances. In this post, we break down when gun ownership becomes illegal, how long restrictions last, and whether your rights can be restored. If you’re facing charges or already convicted, consulting a knowledgeable attorney near you is key to understanding and protecting your Second Amendment rights.

Gun Ownership Restrictions After Theft or Fraud Convictions in Texas

A conviction for theft or fraud in Texas carries significant consequences, extending beyond legal penalties to impact fundamental rights, including the right to own or possess firearms. Understanding how these convictions affect gun ownership under both Texas and federal law is crucial for individuals seeking to navigate the complexities of their legal rights and responsibilities.

Texas Law: Firearm Possession After a Felony Conviction

Under Texas Penal Code § 46.04, individuals convicted of a felony are prohibited from possessing firearms. However, the law provides a limited exception:

After five years have elapsed from the individual's release from confinement, parole, or community supervision, they may legally possess a firearm, but only within their own residence. State Law Library+7heathhydelawyer.com+7David D. White Law Office+7

It's important to note that this exception is narrow and specific. Possession of a firearm outside the home, even after the five-year period, remains unlawful under Texas law.Walker Taylor Law+1Texas Criminal Defense Group+1

Federal Law: Lifetime Ban on Firearm Possession

Federal law, specifically 18 U.S.C. § 922(g), imposes a more stringent restriction. Under this statute, individuals convicted of any crime punishable by imprisonment for more than one year are prohibited from possessing firearms or ammunition. This prohibition is lifetime and does not include the exceptions provided under Texas law.

Therefore, even if Texas law permits firearm possession under certain conditions, federal law may still prohibit it, leading to potential legal conflicts and risks of federal prosecution.

Deferred Adjudication and Its Implications

Deferred adjudication is a form of plea deal where a defendant pleads guilty or no contest, and the judge defers a finding of guilt, placing the defendant on community supervision. If the defendant successfully completes the supervision, the case may be dismissed.

In Texas, deferred adjudication is not considered a conviction. Therefore, individuals who have successfully completed deferred adjudication for a felony offense may not be prohibited from possessing firearms under state law. However, federal law may still consider deferred adjudication as a conviction, maintaining the prohibition on firearm possession. Thiessen Law Firm

Restoration of Firearm Rights

Restoring firearm rights after a theft or fraud conviction involves navigating complex legal processes:Turnbull Legal Group+1Texas Criminal Defense Group+1

Pardons: A full pardon from the governor can restore firearm rights under both Texas and federal law.legrandelaw.com+1David D. White Law Office+1
Expungement or Sealing: In Texas, expungement is limited and typically applies to cases that were dismissed or resulted in acquittal. Sealing (order of nondisclosure) may be available for certain offenses but does not restore firearm rights under federal law. Texas Criminal Defense Group

It's essential to consult with a knowledgeable attorney to explore these options and understand their implications fully.

Legal Risks and Consequences

Possessing a firearm in violation of state or federal law can lead to severe penalties:

State Penalties: Unlawful possession of a firearm by a felon is a third-degree felony in Texas, punishable by 2 to 10 years in prison and a fine of up to $10,000. heathhydelawyer.com+1Wikipedia+1
Federal Penalties: Under federal law, unlawful possession can result in up to 10 years in prison and substantial fines.

Given these risks, it's imperative to seek legal counsel before attempting to possess or purchase a firearm after a theft or fraud conviction.

Conclusion

Navigating firearm ownership laws after a theft or fraud conviction in Texas requires a thorough understanding of both state and federal regulations. While Texas law provides limited exceptions, federal law maintains strict prohibitions, and the interplay between the two can be complex and fraught with legal pitfalls.

Call to Action

If you're facing challenges related to firearm rights after a theft or fraud conviction, Walker Law Office is here to help.Our experienced legal team can guide you through the intricacies of state and federal laws to protect your rights and freedoms.

📞 Call us today at (713) 228-2611 or visit
🔗 https://www.walkerlawhouston.com/contact/
to schedule a consultation.

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