Restoring Gun Rights After a Drug Conviction in Texas: What You Need to Know

A Drug Conviction Can Take Your Rights — But Is There a Path to Get Them Back?

Most people know that a felony conviction can cost you your freedom, your record, and your future. But one consequence that surprises many people comes long after the sentence ends: the loss of the right to own or possess a firearm.

In Texas, a drug conviction — even one without violence — can permanently impact your Second Amendment rights. And for many, that restriction isn’t just about recreation or hunting — it’s about personal safety, dignity, and constitutional liberty.

But is the loss of your gun rights always permanent? Can they ever be restored?

This post answers that question clearly and candidly — while offering a broader, strategic look at what it really means to reclaim your rights after a drug conviction.

What Texas Law Says About Gun Rights After a Drug Conviction

Under Texas Penal Code § 46.04, it’s illegal for a person convicted of a felony to possess a firearm:

• Before the fifth anniversary of release from confinement, parole, or probation.
• Even after five years, possession is still restricted — you may only legally possess a firearm in your own home, and only under Texas law.

Federal law, however, is stricter. Under 18 U.S.C. § 922(g)(1), it is unlawful for any person convicted of a felony to possess firearms or ammunition — regardless of how much time has passed.

That means even if Texas law permits limited possession after five years, federal law still prohibits it, and you could face serious federal penalties.

Can a Misdemeanor Drug Conviction Affect Gun Rights?

Generally, misdemeanor drug convictions do not trigger automatic firearm bans, unless the offense involved domestic violence, protective orders, or other disqualifying conditions.

However, if you are on community supervision or deferred adjudication, you may be prohibited from possessing firearms during that period, even for misdemeanors.

See What Happens If You Violate Drug Probation? for how possessing a gun during probation could trigger revocation and new charges.

What If I Completed Deferred Adjudication?

This is where things get complicated.

If you successfully completed deferred adjudication, you may not be considered “convicted” under Texas law, depending on the context. But federal authorities may still treat it as a disqualifying event — especially if your deferred adjudication involved a drug felony.

That’s why record sealing and expungement are critical tools for restoring rights. See Sealing a Drug Crime Record in Fort Bend or Galveston County and Can You Expunge a Drug Charge in Texas? to explore post-conviction relief options that could help you move forward — even if full gun rights restoration isn’t possible immediately.

Is There a Way to Fully Restore Gun Rights After a Drug Conviction?

Yes — but the process is complex and rarely automatic. Your options include:

1.

Governor’s Pardon

Under Texas Code of Criminal Procedure § 48.01, a full pardon from the Governor can restore all civil rights, including gun rights. However, pardons are rare and must be approved through a detailed application process with the Texas Board of Pardons and Paroles.

2.

Federal Relief from Disabilities

Historically, federal law allowed applications for relief from firearm disabilities, but Congress has defunded that program since the 1990s — making it effectively unavailable in most cases.

3.

Record Expunction or Nondisclosure

While these remedies don’t automatically restore federal gun rights, they may help you clear your record, improve job access, and reduce other civil limitations. They also strengthen a potential pardon application.

See How Drug Crime Convictions Affect Criminal Records to understand how these remedies work together as a path toward reintegration.

Why This Isn’t Just a Legal Question — It’s a Constitutional Conversation

This isn’t just about statutes and technicalities — it’s about how society balances justice, rehabilitation, and constitutional liberty. Should nonviolent drug offenders lose their Second Amendment rights forever? Should those who’ve paid their debt get a second chance to fully participate in society?

Those questions aren’t hypothetical — they play out in real lives every day, especially in Fort Bend, Galveston, Harris, and Brazoria Counties, where thousands of residents live with past drug records that still define their rights.

What You Can Do Right Now If You’ve Lost Your Gun Rights

• Meet with a defense attorney near you to review your case history and determine your eligibility for expungement, nondisclosure, or pardon.
• Avoid unlawful possession at all costs — even temporary or mistaken possession could lead to a new felony.
• Keep records of rehabilitation — employment, education, treatment, and community service strengthen pardon applications.
• Work with legal counsel to build a rights restoration strategy, not just a quick fix.

See When to Hire a Drug Crimes Lawyer in Texas and How to Choose a Lawyer with Drug Case Experience for selecting the right advocate to help navigate these long-term consequences.

Conclusion: You’ve Paid Your Dues — You Deserve a Path to Full Restoration

Losing your gun rights after a drug conviction may feel like a permanent sentence — but in many cases, there are steps you can take to get your rights back. It’s not easy, it’s not quick, but it is possible — with the right legal guidance and a strategy that looks beyond the courtroom.

Mekisha Walker, former felony prosecutor and experienced Texas criminal defense attorney, helps clients build real second chances. Whether you need expungement, nondisclosure, or help pursuing a full pardon, she knows how to navigate complex post-conviction consequences and advocate for your restoration.

Call Walker Law Office today at (713) 228-2611 or visit https://www.walkerlawhouston.com/contact

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