As Texas attorneys, we often get questions about DUIs, DWIs, and whether they will keep you from purchasing a gun. 

In Texas, only felony convictions will prevent you from buying a gun, and only certain DWI charges are felonies.

Misdemeanor DWI/DUIs Shouldn’t Affect Your Right to Own a Gun

In Texas, all DUIs and almost all first and second DWIs are considered misdemeanors. Misdemeanor DWI convictions typically will not affect your federal right to purchase a gun. 

However, any DUI or DWI arrest will prevent the state from issuing you a License to Carry in Texas. Any application for an active license will be suspended until the case is resolved. Anyone convicted of the charges cannot qualify for a license for five years. 

This has less impact than you might think: As of 2021, Texans can carry a handgun in most public places without a license.

However, there are many reasons to fight misdemeanor DWI charges, even if they sound minor.

READ MORE: DUI vs. DWI — What’s the difference in Texas?

Felony DWI Convictions Will Prevent You from Buying a Gun

Federal gun laws prohibit convicted felons from owning a gun. If you are charged with a felony, you won’t be able to buy a gun as long as the charges are pending. If you’re convicted, you won’t be able to buy a gun for at least five years (with limitations).

There are four instances in which a DWI is considered a felony in Texas:

• A child passenger was involved
• You already have two (or more) previous DWI convictions
• The incident resulted in an accident that caused serious injury (intoxication assault)
• Someone was killed in a DWI-related accident (intoxication manslaughter)

These are very serious charges. If you’ve been charged with a felony DWI, contact us immediately. It’s important that you have an experienced legal team when your gun rights are on the line.

READ MORE: Felony DWIs in Texas

How to Get Your Gun Rights Restored

According to Texas Penal Code § 46.04, convicted felons can own a firearm again five years after the sentence has ended, but only if it is kept on their private property. You’re breaking the law if you carry the gun outside of your home.

The other options to get your gun rights restored after a felony DWI conviction are otherwise extremely limited.

READ MORE: Texas DWI arrest — What to know and how to beat it

If Your Conviction is Set Aside or Erased

Under federal law, anyone whose DWI conviction has been set aside or erased typically isn’t viewed as a convict. Therefore, they’d likely regain their gun rights and be able to possess a firearm.

Apply for a Pardon

In Texas, you can apply for a pardon from the governor and the Clemency Section of the Texas Board of Pardons and Paroles. 

An application form is available at tdcj.texas.gov/bpp. 

It’s very difficult to obtain a pardon in Texas, but If you’re granted one, your civil rights will be restored, and you’ll be eligible to have your DWI conviction expunged from your record.

Attempt to Have Your Conviction Overturned

Also, if you believe that your constitutional rights have been violated and that this contributed toward your felony conviction, you can petition for a writ of habeas corpus and attempt to overturn the conviction.

Ultimately, though, the chances of getting your civil rights restored are limited. This is why having an experienced legal team on your side is vital to help you fight your initial DWI charges.

READ MORE: Can a felon buy a gun?

More Commonly Asked Questions

Gun rights are a hot topic in Texas. We get a lot of questions about how DWI charges will affect Texans’ Second Amendment rights.

Can I Buy a Gun in Texas with a Dismissed Felony?

Yes, because the law only applies to convicted felons, your right to own a firearm is not affected if the charges against you are dropped, your case is dismissed, you are pardoned, or your conviction is expunged. 

If You Are Charged with a Felony DWI But Haven’t Been Convicted, Can You Buy a Gun?

No. You won’t be able to purchase a gun until your case has been resolved. Your rights will be restored if the charges are downgraded or the case against you is dismissed.

What Happens if You Fail a Gun Background Check in Texas?

The National Instant Criminal Background Check System (NICS) uses databases to determine if you may legally receive or possess a firearm.

Any prospective gun buyer must fill out the required form. The seller submits that information to the FBI, where the information is verified.

Those who receive a “Denied” status may have a state or federal firearm prohibition. The denied individual may opt to challenge the decision. A “Delayed” message means additional research is required to verify your background. Many agencies are involved, and the process can be slow. This doesn’t mean there is a problem with your application or you will be denied.