Can a Felon Own an Air Rifle in Texas?

Air rifles are popular among hunters, target shooters, and hobbyists who enjoy shooting pellets or BBs at high speeds. Air rifles use compressed air or CO2 to propel projectiles, and they can vary in power, caliber, and design. But can a felon own an air rifle in Texas?

The answer is not straightforward, as the laws surrounding gun ownership for felons vary from state to state. In Texas, a felon is not allowed to possess a firearm, but an air rifle is not classified as a firearm, hence, a felon can own an air rifle in Texas. However, there are some exceptions to this rule. For instance, if the person’s felony conviction was for a non-violent offence, they may be eligible to own an air rifle. Additionally, felons who have had their civil rights restored by the state may also be able to purchase and own an air rifle.

What is a Firearm in Texas?

According to the Texas Penal Code, a firearm is defined as “any device designed, made, or adapted to expel a projectile through a barrel by using the energy generated by an explosion or burning substance or any device readily convertible to that use” (Section 46.01). This definition covers most types of guns, including handguns, rifles, shotguns, and machine guns.

However, an air rifle is not considered a firearm under Texas law. This is because an air rifle does not use an explosion or burning substance to expel a projectile. Instead, it uses compressed air or CO2 to propel a pellet or BB. Therefore, felons are only prohibited from owning a firearm and not an air rifle.

What are the Penalties for Felons Possessing Firearms in Texas?

If a felon is caught possessing a firearm in Texas, they can face serious consequences. Under state law, it is a felony of the third degree for a felon to possess a firearm before the fifth anniversary of their release from confinement or community supervision (Section 46.04). This offense carries a penalty of two to 10 years in prison and a fine of up to $10,000.

If a felon possesses a firearm after the fifth anniversary of their release but before the expiration of their sentence or supervision period, it is a Class A misdemeanor (Section 46.04). This offense carries a penalty of up to one year in jail and a fine of up to $4,000.

Additionally, under federal law, it is illegal for a convicted felon to possess any type of firearm, including an antique firearm (18 U.S.C. § 922(g)). This offense carries a penalty of up to 10 years in prison and a fine of up to $250,000.

Is a Pellet Gun Considered a Firearm in Texas?

In Texas, a pellet gun is generally not classified as a firearm. This is due to the way the state defines firearms. According to the Texas Penal Code, a firearm is any device designed, made, or adapted to expel a projectile through a barrel by using the energy generated by an explosion or burning substance. Pellet guns, which use compressed air or gas to expel the pellet, don’t fit this definition.

However, that’s not to say you can freely carry a pellet gun anywhere. Cities may have specific ordinances that restrict their use, particularly in public places. Furthermore, using a pellet gun irresponsibly could still lead to criminal charges, such as reckless endangerment or assault. Bottom line? Be responsible and mindful of local laws when using your pellet gun.

Can a Felon Own a BB Gun in Texas?

In Texas, state laws do not prohibit felons from owning or using BB guns. This is because, much like pellet guns, BB guns aren’t classified as firearms under Texas state law. Hence, the restrictions typically applied to felons concerning firearm possession don’t extend to BB guns.

Nonetheless, this doesn’t mean a felon can carry a BB gun without any potential legal issues. If a BB gun is used in a threatening or unlawful manner, it could lead to criminal charges, regardless of the individual’s prior felony status.

Is an Air Rifle Considered a Firearm in Texas?

Just like pellet guns and BB guns, air rifles are generally not considered firearms under Texas state law. They function using compressed air or CO2, not the explosive force as described in the definition of a firearm.

Yet again, this doesn’t grant carte blanche to carry and use air rifles without restriction. There could still be local ordinances or specific scenarios where air rifle use is regulated or prohibited, so it’s crucial to be aware of these before handling an air rifle.

Can Felons Hunt in Texas?

Texas allows felons to hunt but with some restrictions. Hunting typically involves firearms, which felons are prohibited from possessing. However, the law allows the use of bows, crossbows, and, as mentioned earlier, pellet guns, BB guns, and air rifles. As a felon, you can hunt with these tools, but you must stay informed and compliant with all relevant regulations to avoid potential legal consequences. It’s always wise to consult with a legal professional if you have specific questions or concerns.

What are the Exceptions for Felons Owning Air Rifles in Texas?

As mentioned earlier, there are some exceptions for felons owning air rifles in Texas. These include:

• If the person’s felony conviction was for a non-violent offense that did not involve the use of a weapon or violence against another person (such as fraud or drug possession), they may be eligible to own an air rifle¹.
• If the person has had their civil rights restored by the state after completing their sentence or supervision period, they may be able to own an air rifle¹. This may require applying for a pardon, expungement, annulment, invalidation, or sealing of their criminal record.
• If the person is on deferred adjudication for their felony charge and has not been convicted yet, they may be able to own an air rifle¹. Deferred adjudication is a form of probation that allows the person to avoid a conviction if they comply with certain conditions.

How Can Felons Get Their Civil Rights Restored in Texas?

Felons who want to get their civil rights restored in Texas may have to go through a legal process that depends on their specific situation. Some of the possible ways to restore civil rights include:

• Applying for a pardon from the governor or the president. A pardon is an official act of forgiveness that removes all legal consequences of a conviction. However, pardons are rare and discretionary and may require meeting certain criteria and waiting periods.
• Applying for an expungement of their criminal record. An expungement is a court order that erases all traces of a criminal case from public records. However, expungements are only available for certain offences and under certain circumstances.
• Applying for an annulment of their conviction. An annulment is a court order that declares that a conviction never occurred. This may apply to cases where the conviction was based on fraud, mistake, or lack of jurisdiction.
• Applying for invalidation of their conviction. An invalidation is a court order that reverses a conviction based on a legal error or violation of constitutional rights. This may apply to cases where the conviction was obtained through ineffective assistance of counsel, prosecutorial misconduct, or newly discovered evidence.
• Applying for a sealing of their criminal record. Sealing is a court order that restricts access to a criminal record by the public and certain agencies. This may apply to cases where the person completed a deferred adjudication program or was acquitted or pardoned.

These processes can be complex and time-consuming, and they may require the assistance of a lawyer who specializes in criminal law and post-conviction relief.

If you need help with getting an annulment in Texas or any other legal issue related to your marriage, you can contact a family law attorney who can advise you on your options and represent you in court if necessary.

Conclusion

Air rifles are not considered firearms in Texas, and therefore felons are not prohibited from owning them by state law. However, felons may still face legal consequences if they possess an air rifle in violation of federal law or other state laws. Felons who want to own an air rifle in Texas should consult with a lawyer before doing so to avoid any potential problems.

Additionally, felons who want to restore their civil rights and clear their criminal record may have to go through a legal process that depends on their specific situation. Some of the possible ways to restore civil rights include applying for a pardon, expungement, annulment, invalidation, or sealing of their criminal record. These processes can be complex and time-consuming, and they may require the assistance of a lawyer who specializes in criminal law and post-conviction relief.