Does a DWI conviction stop you owning a firearm in Texas?
Generally a misdemeanor DWI conviction will not bar you from owning a firearm. A felony DWI will. Under Tex. Penal Code §46.04, a person convicted of a felony cannot possess a firearm until at least five years have passed since release from confinement, community supervision, mandatory supervision or parole, whichever comes later.
- Unlawful possession of a firearm is covered by §46.04 of the Texas Penal Code.
- A misdemeanor DWI conviction generally does not block firearm ownership.
- A felony DWI conviction does block it, and for years rather than months.
- The clock runs five years from release from confinement, community supervision, mandatory supervision or parole, whichever is later.
- Possessing a firearm before that period ends is itself a felony under Section 46.04.
On May 25, 2018, cnn.com reported: “We’re 21 weeks into 2018, and there have already been 23 school shootings where someone was hurt or killed. That averages to 1 shooting a week.” Of those 23 school shootings, two were in Texas.
On January 22, 2018, there was a shooting in Italy, Texas where a 15-year-old student opened fire, wounding another 15-year-old student. Then, on May 18, 2018, 10 people were shot and killed in a shooting that occurred at a high school in Santa Fe, Texas.
Texans cannot forget the mass shooting that occurred at First Baptist Church on November 5, 2017 in Sutherland Springs. That shooting took the lives of 27 people and injured 20 more. If it weren’t for the Good Samaritan who chased the shooter with his own rifle, more people probably would have been killed.
How a DWI Affects Gun Rights
With active shooters and other dangerous characters being armed and dangerous, it’s understandable why citizens would cherish their gun rights more than ever to protect themselves, their families and their communities.
But when citizens are arrested for a crime, such as Driving While Intoxicated, they often wonder if the DWI could bar them from buying or possessing firearms in Texas. “Can a DWI conviction bar me from possessing a firearm?” It depends.
Generally, a misdemeanor DWI conviction will not bar someone from owning a firearm; however, a felony DWI will block someone from possessing firearms for years.
Here is what you need to know:
- Unlawful possession of a firearm is covered under Section 46.04 of the Texas Penal Code.
- If you are convicted of a felony, including felony DWI, you cannot possess a firearm until it’s been at least five yearssince you were released from confinement, community supervision, mandatory supervision, or parole, whichever happens later.
- If you are convicted of felony DWI and you possess a firearm before you’re
legally allowed to do so, you commit a felony under Sec. 46.04.
Related: Effects of a Texas DWI
If you have further questions about how a felony DWI can impact your gun rights in Texas, contact Dallas DWI Attorney, Peter Barrett for advice.
Common questions
How long does a felony DWI block gun ownership in Texas?
At least five years, measured from release from confinement, community supervision, mandatory supervision or parole, whichever of those happens later.
Is a misdemeanor DWI treated the same way?
No. A misdemeanor DWI conviction generally will not bar someone from owning a firearm in Texas.
What happens if I possess a firearm too soon after a felony DWI?
Possessing a firearm before you are legally allowed to do so is itself a felony offense under Section 46.04 of the Texas Penal Code.
The law this article describes, at the source. Every figure above can be checked against it.
This article is general legal information about Texas law, not legal advice about your case. Reading it does not create an attorney-client relationship. Laws change, so confirm the current rule with a licensed Texas criminal defense attorney about your specific facts. Request a free case review.