TX State Law Library Only CC Guide - Flipbook - Page 10
WHO CAN AND CANNOT CARRY UNDER
TEXAS CONSTITUTIONAL CARRY?
Requirement 4: Must not be prohibited from possessing a firearm or ammunition under federal law.
Who is prohibited from possessing a firearm or ammunition under federal law?
1. Felons: A person convicted of a crime punishable by imprisonment for a term exceeding one
year. See 18 U.S.C. 922(g)(1).
2. Fugitives from Justice: A person who has fled from any State to avoid prosecution for a crime
or to avoid giving testimony in any criminal proceeding. See 18 U.S.C. 922(g)(2).
3. Addicts: A person who is an unlawful user of or addicted to any controlled substance. See
18 U.S.C. 922(g)(3). The U.S. government considers marijuana to be a controlled substance,
including use by individuals who reside in a state that has legalized marijuana for medical or
recreational use. Therefore, a person may be simultaneously legal to use marijuana under state
law (not Texas), yet prohibited from purchasing and possessing firearms under federal law.
4. Mental Defectives: A person who has been adjudicated as a mental defective or who has been
committed to a mental institution. See 18 U.S.C. 922(g)(4). Adjudication is an order rendered by
a court, board, or other lawful authority which adheres to the principles of due process, which
includes notice and an opportunity to be heard.
5. Illegal Alien or Non-Exempt Nonimmigrant Aliens: An alien who is illegally or unlawfully in the
United States or has been admitted to the United States under a nonimmigrant visa and does
not meet an exception under 18 U.S.C. 922(y)(2). See 18 U.S.C. 922(g)(5).
6. Dishonorably Discharged: A person who has been discharged from the Armed Forces under
dishonorable conditions. See 18 U.S.C. 922(g)(6).
7. Renounced Citizenship: A person who has renounced his or her United States citizenship. See
18 U.S.C. 922(g)(7).
8. Under Certain Protective Orders: A person who is subject to an explicit court order restraining
them from harassing, stalking, or threatening an intimate partner or child of the intimate
partner or engaging in other conduct that would place an intimate partner in reasonable fear of
bodily injury to the partner or child. See 18 U.S.C. 922(g)(8).
9. Domestic Abusers: A person who has been convicted of a misdemeanor crime of domestic
violence. See 18 U.S.C. 922(g)(9).
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TEXAS CONSTITUTIONAL CARRY GUIDE 2021
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