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Can You Possess a Firearm with a DWI Charge in Texas?

It should come as no surprise that possessing a firearm in Texas is quite common. Though the second amendment protects the rights to possess firearms, lawmakers feel it is unsafe to allow those convicted of serious crimes to possess firearms.

Because of this, one question we often receive is “Can a DWI prevent me from possessing a firearm?”

The answer we always give to this question is maybe; we’ll explain why.

Can I Buy a Gun with a DWI in Texas?

The answer to whether or not you can possess a firearm with a DWI depends on the charges you’re facing.


In Texas, a first-time DWI offense is typically charged as a class B misdemeanor. Being charged with a DWI automatically suspends your current firearms license while your case is under investigation. If you’re found guilty, your license will be revoked and you will be required to wait five years to qualify to apply for a new license.

If you’re charged with a second DWI in Texas, it will be charged as a class A misdemeanor and will more than likely render you unable to possess a firearms license. Under Texas law, any individual who is convicted twice for drug or alcohol-related offenses within 10 years is considered chemically dependent and will be unable to obtain a firearms license.


Under Texas law, a DWI conviction is classified as a felony if:

  • It is your third DWI
  • You had a child in your car at the time of the arrest
  • You caused serious harm or death to another individual

Being a convicted felon does not mean that you are unable to possess a firearm. It does, however, mean that there are heavy restrictions:

  • You must wait five years after you have been released from prison or after your parole ends to reapply
  • Your firearms cannot leave your place of residence
  • Getting caught possessing a firearm elsewhere will result in an immediate arrest

Work With an Experienced Team to Protect Your Rights

The best option to help ensure that you’re able to possess a firearm following a Texas DWI arrest is to fight your charges. Working with an experienced Texas DWI defense attorney, like our team at Johnson, Johnson & Baer will help give you the best chance of successfully fighting your charges.

Call us today to learn more about how we can help (713) 422-2270.