Firearm Possession by Noncitizens in Texas: Legal Risks

 Posted on October 17, 2025 in Immigration

Although Texas is well known for generous gun rights, those rights do not extend equally to illegal immigrants, even lawful residents. In fact, non-citizens could face severe legal consequences for possession or purchase of firearms. Texas state law criminalizes possession by certain noncitizens, while federal law prohibits firearm ownership by anyone who is "illegally or unlawfully" in the United States.

An arrest can lead to both state prosecution and ICE detention, long before a conviction. It is crucial to understand the intersection of Texas firearm laws and federal immigration rules, and how an experienced Weatherford, TX immigration lawyer with expertise in criminal law can assist you if you find yourself facing this complex overlap.

How Federal Law and Texas Law Overlap

Texas Penal Code Sections 46.04 and 46.06 discuss the illegal transfer or possession of firearms by "prohibited persons," which includes undocumented immigrants. Texas does not require proof of intent to violate federal law, only possession while undocumented or in the United States on certain visas. Federal law 18 U.S.C. Section 922(g)(5) bars possession of a firearm by anyone who is unlawfully in the United States or who has been admitted on a non-immigrant visa. There are very narrow hunting/sporting exceptions to these laws.

For undocumented immigrants, possession of a firearm is both a state and federal offense. Visa holders, including students, tourists, and workers, cannot possess firearms unless they meet specific exemptions. Permanent residents (green card holders) can potentially have a firearm, unless they are on probation for family violence or drug offenses or are convicted of specific criminal offenses. For DACA recipients, possession of a firearm is a gray area, dependent on lawful presence classification and adjudication status.

What Are the Texas and Federal Consequences for Weapon Possession by a Non-Citizen?

Under Texas law, unlawful possession of a firearm is a third-degree felony, with penalties of between two and 10 years in prison and a fine of up to $10,000. Unlawful transfer of a weapon is a Class A misdemeanor. An arrest for either crime almost always triggers immigration status verification and potential ICE detainment. A separate conviction under federal laws is likely, and a firearm offense for a non-citizen is specifically grounds for deportation. Even in the absence of a conviction, admission of firearm possession can bar re-entry or adjustment of status for a non-citizen.

Some examples of how firearm possession can cause serious problems for a non-citizen include:

• A DACA recipient is target shooting on rural property with the owner’s permission. A neighbor calls ICE, and the individual is arrested. While the criminal case is dismissed, the individual is detained by ICE.
• A non-immigrant visa holder buys ammunition at a Texas gun show, and federal charges soon follow.
• A lawful permanent resident with an old drug plea deal is charged after police find a handgun during a routine traffic stop. Criminal charges and steps to deport are likely.

Potential Defenses to Federal and Texas Firearm Charges

A defense attorney can possibly counter firearm charges in Texas by challenging whether the firearm was actually under control or custody, or pleading the charges down to disorderly conduct or criminal trespass to avoid federal removal, potentially. If the initial search was unlawful or if the stop was the result of racial profiling, the evidence could possibly be invalidated. Criminal defense attorneys and immigration attorneys should work closely together before a plea or bond hearing.

Contact a Fort Worth, TX Immigration Lawyer

While gun ownership is a right for most Texans, immigration status changes everything. Since Texas law enforcement agencies routinely share fingerprints with federal databases, a noncitizen defendant could be taken into ICE custody immediately following an arrest. The best defense is to proactively speak to a Weatherford, TX criminal defense attorney from The Meza Law Firm, PLLC who also practices immigration law to explore alternative pleas and contest the legality of the search.

Our firm has extensive experience with both criminal and immigration law, offering personalized, dedicated, one-on-one guidance as we fight to keep families together. Attorney Meza understands the special challenges faced by immigrants when arrested and what must be done to safeguard their immigrant status. We work with clients on a case-by-case basis as far as fees, so call 817-732-6392 to schedule your initial attorney meeting. Hablamos Español.