Why federal and state operate as parallel systems
Federal and Texas firearm-rights systems run independently. A single conviction can trigger multiple disabilities under different statutes, and curing one disability does not automatically cure the others. The five common disability layers:
| Statute | Trigger | Duration |
|---|---|---|
| 18 U.S.C. § 922(g)(1) | Any felony conviction | Lifetime federal ban |
| 18 U.S.C. § 922(g)(8) | Active qualifying protective order | During pendency only |
| 18 U.S.C. § 922(g)(9) | Misdemeanor crime of domestic violence | Lifetime federal ban |
| Tex. Penal Code § 46.04(a) | Any felony conviction | 5 years from release, then residence-only |
| Tex. Penal Code § 46.04(b) | Class A FV misdemeanor | 5 years from release, then residence-only |
| Tex. Penal Code § 46.04(c) | Active protective order | During pendency only |
| Tex. Gov't Code § 411.172 | LTC eligibility disqualifiers | Varies by conviction class |
A felony FV conviction triggers § 922(g)(1) and § 922(g)(9) and § 46.04(a) and § 411.172. Restoring rights means clearing all four. A pardon that addresses one but not the others leaves the defendant with a residual disability.
Federal § 925(c) — defunded since 1992
18 U.S.C. § 925(c) authorizes ATF to grant relief from federal firearm disabilities. The statute remains on the books. Congress has defunded the program every year since 1992, and ATF cannot process applications. Logan v. United States, 552 U.S. 23 (2007), confirmed that the program is effectively unavailable.
Practical answer: § 925(c) does not exist as a working pathway. Any source suggesting otherwise is outdated. The realistic federal pathways are pardon, expunction/set-aside, BSCA five-year, and as-applied Bruen challenges.
Texas governor's pardon — the most consequential pathway
A full Texas governor's pardon, granted on the written recommendation of the Board of Pardons and Paroles, is the most powerful single instrument for restoring firearm rights. The pardon application process:
- Wait at least five years after completion of sentence (probation, parole, supervision) for misdemeanor pardons; the Board generally wants more time for felony pardons.
- File a full pardon application with the Board, including criminal history, employment history, character references (typically 3-5), and a personal statement.
- The Board may request additional materials, conduct background investigation, and forward a recommendation to the governor.
- The governor has unlimited discretion to grant or deny. Approval rates run roughly 5–10% of applications considered, and only 20–30 pardons are granted per year out of hundreds of applications.
For firearm-rights purposes, the pardon must explicitly address firearm disabilities. A pardon language formula such as: "This pardon restores all civil rights, including the right to possess a firearm, and removes all collateral consequences arising from the conviction." This language satisfies § 921(a)(33)(B)(ii) for MCDV and § 921(a)(20) for felonies.
Expunction and non-disclosure
Texas expunction under Code of Criminal Procedure ch. 55 destroys the conviction record entirely. For federal firearm purposes, expunction removes the predicate conviction under § 921(a)(20) (felony) and § 921(a)(33)(B)(ii) (MCDV) — the federal disability disappears.
The catch: expunction is generally unavailable after a conviction. Eligibility requires one of:
- Dismissal of the charges before trial and outside the statute of limitations.
- Acquittal at trial or on appeal.
- Successful completion of pretrial diversion that ended in dismissal.
- Class C deferred adjudication with successful completion (post-2017 amendments).
Non-disclosure under Government Code ch. 411 (sealing) is more broadly available but does not restore federal firearm rights — it only limits public access to the record.
BSCA 2022 five-year dating-partner restoration
The Bipartisan Safer Communities Act of 2022 amended 18 U.S.C. § 921(a)(33)(C) to create a narrow but powerful five-year restoration pathway for first-time MCDV convictions against dating partners only. The requirements under § 921(a)(33)(C)(iii):
- The MCDV must have been committed against a dating partner (not spouse, not cohabitant, not shared-child relationship).
- The conviction must have occurred on or after June 25, 2022 (BSCA's effective date).
- The defendant must not have any additional MCDV convictions, any felony convictions, or any misdemeanors with active suspension during the five-year period.
- The defendant must have been pardoned, had the conviction expunged or set aside, or had civil rights restored — with the five-year clock running from one of these events.
This is the easiest restoration pathway in current federal law for those who qualify. But it has no application to convictions involving spouse, cohabitant, or shared-child relationships, and it is prospective only — pre-BSCA convictions cannot use this pathway.
Post-Bruen as-applied Second Amendment challenges
New York State Rifle & Pistol Ass'n v. Bruen, 597 U.S. 1 (2022), reset the constitutional framework for Second Amendment analysis. Under Bruen, the government must show that a firearm regulation is consistent with the nation's historical tradition of firearms regulation. After Bruen:
- § 922(g)(1) felony ban
- The Third Circuit in Range v. Garland, 69 F.4th 96 (3d Cir. 2023) (en banc), held § 922(g)(1) unconstitutional as applied to a non-violent felon convicted of food-stamp fraud. Other circuits have split. As-applied challenges are most viable for older, non-violent convictions where the defendant has been crime-free for years.
- § 922(g)(8) protective orders
- Upheld facially in United States v. Rahimi, 144 S. Ct. 1889 (2024). The Court reasoned that disarming individuals subject to credible-threat protective orders is consistent with the nation's history.
- § 922(g)(9) MCDV
- The Fifth Circuit has not issued a controlling post-Bruen decision. Circuit splits exist. As-applied challenges remain viable, particularly where the underlying offense was non-violent at its core or where the defendant has a substantial crime-free interval.
Bruen challenges are case-specific, require federal-practice expertise, and typically take 18-30 months to litigate. They are not a fast pathway — but for clients with otherwise no restoration options, they can be the only realistic pathway.
Texas § 46.04 five-year clock and residence-only
The Texas state firearm ban has two phases:
- Phase 1 — 5-year complete ban
- Under § 46.04(a) (felony) and § 46.04(b) (Class A FV misdemeanor), the defendant cannot possess a firearm anywhere for five years from the later of: release from confinement, release from community supervision, or release from parole. Violation is a third-degree felony.
- Phase 2 — Residence-only after five years
- After the five-year period expires, the defendant can possess a firearm at the premises where the defendant lives. Possession in any other location remains a third-degree felony. This residence-only restriction continues indefinitely — there is no automatic sunset.
- Removal — pardon required
- A full state pardon removes the § 46.04 restriction entirely. After pardon, the defendant can possess firearms in any location, subject only to other applicable state and federal restrictions.
Strategy: which pathway, in what order
For a typical Texas felony or MCDV conviction, the realistic restoration roadmap:
- Complete the underlying sentence cleanly. No new convictions, no probation violations. The Board considers everything in the file when reviewing a pardon application.
- Wait the required period. Five years minimum for misdemeanor pardons; longer for felonies. Use the time productively — employment, family, character references, community involvement.
- Apply for pardon first. A successful pardon resolves both federal and state disabilities in one move. The application is intensive but the value is full restoration.
- If pardon fails, evaluate Bruen challenge. For older, non-violent convictions with a clean post-conviction interval, an as-applied challenge may be viable. This requires a federal practitioner.
- For dating-partner MCDV only — BSCA five-year track. This is the easiest federal pathway and runs in parallel with state restoration.
Cost, timeline, and realistic odds
| Pathway | Typical cost | Timeline | Approval odds |
|---|---|---|---|
| State pardon — misdemeanor | $7,500–$15,000 | 1–2 years | ~10–15% |
| State pardon — felony | $15,000–$30,000 | 2–3 years | ~5–10% |
| Federal pardon (Presidential) | $25,000+ | 3–5+ years | under 1% |
| BSCA five-year (dating-partner MCDV) | $3,000–$7,500 | 5 years + 3–6 months | Higher — procedural |
| Bruen as-applied challenge | $20,000–$50,000 | 18–30 months | 10–30% (varies) |
| Expunction | $2,500–$7,500 | 4–8 months | Determined by eligibility, not advocacy |
The honest framing: federal firearm restoration after a Texas felony or MCDV conviction is hard. Texas's pardon process is slow and selective. The federal alternatives are narrower than most people assume. The most reliable strategy is to prevent the disability at the plea stage — see Family Violence Firearm Rights for the plea-stage analysis. Restoration is the second-best fallback.
