What Can Strip You of Your Right to Carry in Texas?
Felonies, certain misdemeanors, domestic violence orders, protective orders, and mental health commitments all block carry rights.
The right to carry isn’t unconditional. Both federal and Texas law list disqualifiers. If any apply to you, don’t carry.
Federal disqualifiers
- Felony conviction, including deferred adjudication in some cases.
- Misdemeanor crime of domestic violence conviction.
- Subject to a domestic violence protective order.
- Fugitive from justice status.
- Unlawful drug use, including marijuana under federal law.
- Adjudicated mentally defective, or committed involuntarily to a mental institution.
- Dishonorable discharge.
- Renounced US citizenship.
- Under indictment for a felony.
Texas-specific carry restrictions
Texas Penal Code Section 46.04 makes unlawful carry a state offense for felons within 5 years of release, and even after that period restricts the felon to their own residence. Texas also imposes restrictions during Class A or Class B misdemeanor domestic violence adjudications and while any protective order is in force.
Loss during a proceeding
You don’t wait until you’re convicted. Being indicted for a felony, or being served with a protective order in a domestic violence case, immediately affects your ability to possess or carry. Ignoring it turns you into a prohibited person overnight.
Rights restoration
Some paths exist: pardon, expunction, non-disclosure order in narrow cases, federal relief from firearm disability, and a few state-level options. All are slow, all require legal help. Don’t guess.
If you don’t know whether an old conviction or a family court order affects you, talk to a Texas attorney before you carry. The cost of asking is a lot lower than the cost of getting caught wrong.
Stay safe. Semper Fi.
Gunny
Straight talk: This is education, not legal advice. Gun law changes. Consult a Texas attorney for your specific situation, and always confirm current rules with the Texas Department of Public Safety and the ATF.
