Can You Buy a Gun With a DWI in Texas?

Attorney Trey Porter
Trey Porter

Can You Buy a Gun With a DWI in Texas?

CAN YOU BUY A GUN WITH A DWI IN TEXAS

A misdemeanor DWI will not prevent you from buying a gun in Texas. However, there may be bond conditions that restrict you from buying or owning firearms. You cannot purchase a gun if you have a felony DWI in Texas. Learn more.

  • Can you buy a gun while on bond? You can buy a gun while on bond in Texas unless your bond conditions prevent possession of firearms. Firearm bond restrictions are common, even for DWI. Felony DWI bond conditions will likely ban the purchase or possession of guns. Learn more.
  • Can I buy a gun with a pending DUI? You can buy a gun with a pending DUI in Texas unless your bond conditions prohibit firearms. If you violate any bond conditions, the judge can revoke your bond and send you to jail. Individuals younger than 21 cannot buy handguns in Texas.
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CAN YOU BUY A GUN WHILE ON PROBATION FOR DWI IN TEXAS?

It is legal to buy a gun while on DWI probation in Texas, unless the probation conditions prohibit firearms. Probation conditions deserve careful consideration as any violation can trigger revocation of probation. Firearms are always banned on felony DWI probation in Texas.

  • Can you purchase a gun while on DWI probation in Texas? You can purchase a gun while on probation for DWI in Texas unless prohibited by your probation conditions. You cannot buy a gun if on probation for a felony DWI offense in Texas. Learn more.
  • Can you have a firearm while on probation in Texas? Possessing a gun while on probation in Texas is ok unless probation conditions prohibit firearms, or the probation is for a family violence offense. Firearms are prohibited on felony probation.
  • Can you be around firearms on probation? It is legal to be around firearms on probation unless probation conditions prohibit firearms. Firearm restrictions are common, so it is critical to carefully review all probation conditions. Texas felony and family violence probation conditions regularly contain firearm prohibitions.

HOW LONG DOES IT TAKE TO GET YOUR GUN RIGHTS BACK IN TEXAS AFTER A DWI?

Gun rights are fully restored upon dismissal of a DWI charge. Gun rights can be, but are not always, impacted by conditions of probation. It is critical to be knowledgeable of, and maintain compliance with, all probation conditions. 

  • How long after probation can I buy a gun in Texas? Immediately following the completion of probation, as there is no waiting period in Texas. However, you cannot buy a gun if you were convicted of a felony or a domestic violence offense.
  • How long after a DUI can you get a concealed carry permit in Texas? There is a five year waiting period to obtain  a License to Carry in Texas unless your DUI case was dismissed. You cannot get a Texas License to Carry with a felony DWI Conviction. Learn more.

WHAT MISDEMEANORS DISQUALIFY YOU FROM OWNING A GUN IN TEXAS?

A misdemeanor DWI does not disqualify you from owning a gun in Texas. Other misdemeanor offenses, including domestic violence crimes, can disqualify you from owning a gun but it is critical to consult an attorney as these restrictions can vary. Learn more.

  • Can you buy a gun with a Class A misdemeanor in Texas? You can buy a firearm with a Class A misdemeanor DWI (DWI 2nd or DWI .15 or higher). Bond and probation conditions may restrict gun rights, so it is imperative to review these carefully. Other Class A misdemeanor offenses can affect gun rights. Learn more.
  • Can I Purchase a gun with a Class B misdemeanor in Texas? A Class B misdemeanor DWI does not prohibit the purchase of guns in Texas. Bond and probation conditions must always be reviewed carefully for any firearm restrictions. Other Class B misdemeanors can affect gun rights. Learn more.
  • Can you get a gun with a misdemeanor DUI? A misdemeanor DUI will not restrict your ability to get a gun, even after a DUI conviction. However, some Texas judges may prohibit firearms in standard bond and probation conditions.
  • Can you purchase a gun if you have a DWI in Texas? Yes, you can purchase a gun if you have a DWI in Texas. Neither state or federal law prohibits individuals with DWI’s from purchasing firearms. Bond and probation conditions may temporarily prohibit firearms and any violation of these restrictions can result in jail time.
  • Does a DUI stay on your record forever in Texas? A DUI stays on your record forever even if dismissed. In some instances, certain DUI cases may qualify for an expunction or a nondisclosure order that seals the record. Learn more.

CAN YOU GET A LICENSE TO CARRY IN TEXAS WITH A MISDEMEANOR?

You cannot get a License to Carry (LTC) in Texas if charged with any Class A or B misdemeanor until the case is resolved. A misdemeanor arrest will suspend any active LTC while the case is pending. If you are convicted, any active LTC will be suspended and you will be ineligible for an LTC for five years.

  • Can you carry a gun in Texas while drinking? It is not illegal to carry a gun in Texas while drinking, but carrying a gun is a crime if you are intoxicated. If you are arrested for DWI, you will also face an additional Unlawful Carrying of a firearm charge.
  • Does DWI disqualify you from getting a License to Carry in Texas? DWI is a misdemeanor that disqualifies you from getting a License to Carry in Texas. A DWI arrest will suspend any application for, or active LTC, until the case is resolved. A DWI conviction results in a five year disqualification period.

DOES A DUI SHOW UP ON A BACKGROUND CHECK IN TEXAS?

A DUI will show up on a background check in Texas forever, even if dismissed. A dismissed DUI may qualify for an Expunction, which destroys all records of the case. In limited circumstances, certain DUI convictions may also qualify for either an expunction or a nondisclosure order to seal all records. Learn more. 

  • How long does a Texas DWI stay on your record? A DWI will stay on your record forever. A DWI conviction is a five year disqualification for a Texas License to Carry. In limited circumstances, DWI charges can be deleted from the record. Learn more.
  • Will a DUI fail a background check for a gun? A DUI will not cause you to fail a background check to purchase a gun. A DUI will cause you to fail a background check for a Texas License to Carry if the DUI conviction is within the previous five years.
  • Can you get a DWI off your record in Texas? You can only get a DWI off your record in Texas if it was dismissed without probation or if you won at trial. While a DWI conviction does not prohibit the purchase of firearms, it does impose a five year disqualification for obtaining a Texas License to Carry.

TREY PORTER NAMED BEST LAWYER IN DWI DEFENSE

Trey Porter is a dynamic advocate, nationally recognized for his work in DWI Defense. He has been voted by his peers as a best lawyer in the field of Criminal and DWI Defense every year since 2015. Recognized by SuperLawyers, Mr. Porter has also been distinguished as a Top 40 Under 40 Criminal Defense Lawyer by the National Trial Lawyers Association. Mr. Porter holds a Superb rating from AVVO, where attorneys are rated based on skillful litigation, client satisfaction, peer endorsements, and positive results. Learn more.

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Attorney Trey Porter

Trey Porter

Trey Porter is one of the highest-rated criminal defense attorneys in Texas. Nationally recognized, Mr. Porter relentlessly fights to protect and assert his clients’ constitutional rights in and out of courtrooms across the state.

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