Who Cannot Carry
Penal Code 46.04 — after a felony, no firearm before the fifth anniversary of release, and after that only at home
The fifth anniversary, then home only. A person convicted of a felony commits an offense by possessing a firearm after the conviction and before the fifth anniversary of release from confinement, or from community supervision, parole or mandatory supervision, whichever is later. After that period, the offense is possessing one at any location other than the premises where the person lives.
Family violence. A person convicted of an assault punishable as a Class A misdemeanor and involving a member of the person's family or household commits an offense by possessing a firearm before the fifth anniversary of release from confinement or community supervision following that conviction.
A protective order. A person subject to a protective order under the Family Code or the Code of Criminal Procedure commits an offense by possessing a firearm after receiving notice of the order and before it expires. The section excepts a peace officer actively employed by a state agency or political subdivision.
The grades. Possessing a firearm after a felony is a felony of the third degree. The family violence and protective order offenses are Class A misdemeanors.
What counts as a felony. An offense under the law of Texas, another state or the United States counts for this section only if Texas law designates it a felony, or it contains all the elements of an offense Texas designates a felony.
Federal law keeps its own list of prohibited persons, which applies alongside the state's and is not on this page. Whether a particular conviction, order or commitment brings a person within the section, and whether rights can be restored, are questions for a licensed Texas attorney.
Sources for this section (1)
- Penal Code 46.04 — Unlawful possession of firearm
Legal information, not legal advice. Verified as of September 2026. Applying it to a particular situation is the work of a licensed Texas attorney.