Can I Buy A Gun If I Have A DWI Conviction In Texas?

To understand whether you can purchase a gun after a DWI conviction in Texas, we have to look at the classification of your conviction.

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Can you buy a gun with a Class A or B Misdemeanor DWI?

Let’s first talk about Class A and B misdemeanor DWI’s.

Typically, a DWI in Texas is either a Class A or B misdemeanor. A first offense is usually a Class B, and a second offense is usually a Class A. Normally a Class A or B misdemeanor on your record does not affect your ability to purchase a gun in Texas.

The one big exception is if you are convicted of a Class A misdemeanor involving assault on a family member or a member of your household, usually referred to as “domestic” or “family” assault.

If you have a conviction for domestic or family assault on your record, you can’t purchase a gun until five years after your release from confinement or, if you were sentenced to probation, within five years after the end of your probation period.

Can you buy a gun with a felony DWI in Texas?

Now let’s talk about if you have a felony DWI conviction.

A third DWI conviction is typically a felony. However, you can face felony conviction for your first or second DWI if you were also charged with a more serious crime like Intoxication Assault.

If you do have a felony on your record, federal and Texas law impose certain restrictions on gun purchases. Texas Penal Code Section 46.04 tells us that you can obtain a gun after the 5^th anniversary of your release from confinement or probation for a felony conviction.

However, that is only Texas law. Federal gun laws are unsurprisingly more restrictive. Federal law does not permit you to purchase a gun after a felony conviction, regardless of how much time has passed.

So if you have a felony on your record and purchase and possess a gun, even if it is after the 5^th anniversary, you may not be violating Texas law but you will be violating federal law. And federal gun law violations tend to carry very harsh penalties.