Owning a Firearm After a Conviction in Texas: A Criminal Defense Lawyer’s Take 

CONROE, TX — July 21, 2026 — In a state where gun ownership is woven into daily life, losing that right after a conviction hits differently. For thousands of Montgomery County residents who have a criminal record, the question of whether they can legally keep a rifle in the truck, a pistol at home, or a shotgun for hunting season is rarely simple — and getting it wrong carries felony-level stakes. The Fowles Law Firm, a criminal defense attorney serving Conroe and the surrounding Montgomery County area, is addressing this exact question head-on for clients trying to make sense of where Texas and federal firearm law actually leave them.

“People assume that once their sentence is over, their rights snap back into place automatically,” said Attorney Fowles. “That is rarely how it works, particularly with firearms. Texas law, federal law, and your specific conviction all interact in ways that surprise even people who have done everything the court asked of them.”

Texas Penal Code 46.04: What a Criminal Defense Attorney Wants You to Know First

Texas addresses firearm possession by convicted individuals primarily through Penal Code § 46.04, often referred to informally as the felon in possession of a firearm statute. This law sets two distinct timelines depending on where a person is in their post-conviction life.

•  Within five years of sentence completion: A person convicted of a felony is barred from possessing a firearm anywhere — at home, in a vehicle, or elsewhere — for five years following release from confinement, parole, or supervision, whichever date is latest.

•  After five years of sentence completion: Once that five-year window closes, a person convicted of a felony may possess a firearm, but only at the residence where they live. Carrying it outside the home — including in a vehicle, at work, or while hunting on someone else’s land — can trigger a new criminal charge.

This second tier catches a lot of Montgomery County residents off guard. Plenty of people believe that once five years pass, their gun rights are fully restored. In reality, Texas only opens the door to possession at home — full, unrestricted possession requires something more.

That gap between what Texas allows and what full restoration actually requires becomes even more pronounced once federal law enters the picture.

Federal Law Doesn’t Care About the Five-Year Rule, a Criminal Lawyer Explains

Texas’s five-year framework only governs state charges. Federal law, found at 18 U.S.C. § 922(g), runs on an entirely separate track and does not recognize Texas’s at-home exception. Under federal law, anyone convicted of an offense punishable by more than one year in prison is barred from possessing a firearm or ammunition anywhere, full stop, unless their rights have been formally restored through a recognized legal process.

Other categories of federally prohibited persons include those convicted of misdemeanor domestic violence offenses, individuals subject to certain protective orders, unlawful users of controlled substances, and those who have been involuntarily committed for mental health treatment. None of these federal restrictions are lifted simply because Texas law has loosened its own rules.

This means a Montgomery County resident could be entirely compliant with Texas Penal Code § 46.04 — keeping a firearm at home, five years past release — and still be committing a federal felony. The two systems do not automatically sync up, and assuming they do is one of the most common and costly mistakes people make.

Misdemeanors Can Strip Gun Rights Too, Says a Conroe Criminal Defense Attorney

It isn’t only felony convictions that create firearm restrictions. Under federal law, a misdemeanor conviction involving domestic violence — even a relatively minor assault charge against a spouse, co-parent, or household member — triggers a lifetime federal firearm ban. Texas does not have to classify the offense as a felony for the federal prohibition to apply.

Protective orders carry similar weight. A person named in certain Texas protective orders, even without a corresponding criminal conviction, can be barred from possessing firearms for as long as the order remains active. A criminal defense lawyer can often help clarify whether a specific order rises to the level that triggers a federal firearm restriction.

Can a Texas Pardon Restore Federal Firearm Rights? A Defense Attorney’s Take

A full pardon from the Governor of Texas, granted through the Board of Pardons and Paroles, is one of the few mechanisms that can restore firearm rights at both the state and federal level simultaneously. Unlike Texas’s automatic five-year rule, a pardon wipes away the underlying conviction’s firearm disability entirely, rather than narrowing it to in-home possession.

Pardons in Texas are difficult to obtain and typically require a documented history of rehabilitation, community involvement, and often the support of the original sentencing judge or prosecutor. The process can take years from petition to decision. For most people, it is not a fast solution, but for those who qualify, it is the cleanest path back to full gun ownership.

Deferred Adjudication, Nondisclosure Orders, and What a Criminal Defense Lawyer Sees Most

In some Texas cases, a defendant doesn’t end up with a final conviction at all. Instead, they plead guilty or no contest, complete probation, and the case closes without a formal conviction on their record — a process called deferred adjudication. Because there’s no final conviction, this often means the usual firearm restrictions don’t kick in. But that’s not guaranteed. Some charges still carry consequences even when probation goes smoothly, so it really comes down to the specific offense.

After successfully completing deferred adjudication, some people qualify for what’s called a nondisclosure order, which hides the case from public record. It’s a helpful tool, but it doesn’t automatically mean your firearm rights are fully protected under federal law. The safest move is to sit down with a criminal defense lawyer and go through your specific case, rather than assuming a sealed record means a clean slate when it comes to guns.

Does an Expunction Restore the Right to Own a Firearm? A Conroe Criminal Defense Attorney’s Answer

Texas has another process called an expunction, which is different from a nondisclosure order. Instead of just hiding a case, an expunction wipes it out completely — as if it never happened. This option is usually only available when a case doesn’t end in a conviction, such as an arrest that got dismissed, a not-guilty verdict, or certain deferred adjudication cases involving minor Class C misdemeanors.

Because an expunged case legally never existed, it typically doesn’t create any firearm restrictions to begin with. Where things get tricky is with partial expunctions, more serious deferred adjudication cases, or older convictions where it isn’t obvious whether you qualify. In those gray areas, talking to a criminal defense lawyer is the best way to know exactly where you stand.

Why Conroe and Montgomery County Residents Face Unique Stakes

Montgomery County is hunting and ranch country as much as it is a fast-growing suburb of Houston. Many residents in and around Conroe, The Woodlands, Willis, Magnolia, and Splendora rely on firearms for hunting, property protection, and recreational shooting in a way that urban populations often don’t. That makes the consequences of a firearm-related mistake especially disruptive here.

Cases involving firearm possession after a conviction in this region typically move through the Montgomery County District Courts, with the Montgomery County District Attorney’s Office handling prosecution. A felon in possession charge stemming from a routine traffic stop along I-45, a hunting trip, or even a domestic call, can escalate quickly into a new felony case layered on top of an existing record.

“I’ve had clients who thought they were in the clear because five years had passed, and they got pulled over with a rifle in the truck on the way back from deer camp,” said Justin Fowles. “That single misunderstanding turned into a brand-new felony charge layered on top of whatever they were already dealing with. The five-year rule and full restoration are not the same thing, and that distinction matters enormously out here.”

Concealed Handgun Licenses and License to Carry After a Conviction

Texas’s License to Carry (LTC) program has its own eligibility rules, separate from the underlying question of whether possession itself is legal. A felony conviction generally disqualifies an applicant from holding an LTC permanently, while certain misdemeanors — including Class A and Class B offenses — can create disqualifying periods of their own. Even someone who has technically regained the right to possess a firearm at home under the five-year rule may still be ineligible to carry concealed or otherwise, until the LTC-specific disqualification period has passed or been resolved.

Steps to Take Before You Touch a Firearm Again, According to a Criminal Defense Lawyer

• Pull your full criminal history, including any out-of-state or federal cases, not just what shows up on a basic Texas background check.

• Identify whether your conviction was a felony, a qualifying domestic violence misdemeanor, or neither — the rules diverge sharply between categories.

• Confirm the exact date of release from confinement, parole, or supervision, since that date controls when Texas’s five-year clock starts running.

• Determine whether federal law still applies even if the five-year period has passed.

• Speak with a criminal lawyer before purchasing, possessing, or transporting a firearm if there is any doubt whatsoever.

A short consultation with a Conroe criminal defense lawyer before buying a gun is far less costly than defending a new felon in possession charge after the fact. The legal fees, the risk of additional prison time, and the damage to an already fragile record make prevention the far better strategy.

Common Questions for a Montgomery County Criminal Defense Lawyer About Firearm Rights in Texas

Can a felon own a gun in Texas after five years?

Under Texas Penal Code § 46.04, a person convicted of a felony may possess a firearm at their own residence once five years have passed since release from confinement, parole, or supervision. Possession outside the home still requires further restoration of rights.

Does Texas law override federal firearm restrictions?

No. Federal law applies independently of Texas’s five-year rule. A person who is compliant with Texas law can still be in violation of federal law, which generally requires a formal restoration of rights such as a pardon.

Will an expunction restore my firearm rights in Texas?

A true expunction applies to cases without a final conviction, so there is typically no firearm disability to restore in the first place. Deferred adjudication, nondisclosure orders, and older convictions each require individual analysis.

Can I get a License to Carry after a conviction in Montgomery County?

It depends on the offense. Felony convictions generally disqualify applicants permanently, while qualifying misdemeanors may create temporary disqualification periods under Texas’s LTC eligibility rules. A Conroe criminal defense attorney can review the specific offense and timeline to clarify eligibility.

About The Fowles Law Firm 

The Fowles Law Firm represents clients across Conroe and greater Montgomery County, including The Woodlands, Willis, Magnolia, and Splendora. Criminal defense attorney Justin Fowles has deep roots in the local court system, and handles felony and misdemeanor defense, firearm possession charges, drug offenses, DWI cases, and post-conviction matters including expunctions and nondisclosure petitions. The firm approaches every case with a clear understanding of how state and federal law intersect — a distinction that matters enormously in firearm-related matters.

Anyone in Conroe or Montgomery County with questions about firearm rights following a criminal conviction is encouraged to reach out to The Fowles Law Firm for a confidential case review. A quick conversation now can prevent a far more serious problem later.

Media Contact:

The Fowles Law Firm
412 W Phillips St # 124
Conroe, TX 77301
Phone: (713) 332-6813
URL: Criminal Lawyer | The Fowles Law Firm

Contact Information:

The Fowles Law Firm

412 W Phillips St Suite 124
Conroe, TX 77301
United States

Justin Fowles
https://thefowleslawfirm.com/