Whether a DWI affects your gun rights in Texas depends almost entirely on one thing: whether your DWI is a misdemeanor or a felony. A typical first- or second-offense misdemeanor DWI does not make you a felon, so it generally does not cost you the right to own firearms, but it can still affect a License to Carry. A felony DWI is a different story: a pending felony indictment bars you from buying a gun under 18 U.S.C. § 922(n), and a felony conviction bars possession under state and federal law. A Houston DWI lawyer can fight your case to protect your record and your Second Amendment rights.
Misdemeanor DWI: You Generally Keep the Right to Own
A misdemeanor DWI (a first or second offense without aggravating factors) does not trigger the firearm-possession ban in Texas Penal Code § 46.04, which applies to felony convictions. So one or two misdemeanor DWIs generally do not cost you the right to possess firearms at home.
There is a catch on licensed carry, though. A Class A or Class B misdemeanor conviction in the past five years disqualifies you from getting a License to Carry, and a pending DWI charge can block a new license or suspend the one you have. Permitless carry is a different matter. A misdemeanor DWI isn’t one of the offenses that bars carrying without a license, so if you’re 21 or older and otherwise eligible, you can still carry a handgun without one. Our DWI and gun rights page covers the details.
Felony DWI: This Is Where You Lose Your Rights
A DWI becomes a felony in Texas in several situations, including a third or subsequent DWI, a DWI with a child passenger under 15, intoxication assault, and intoxication manslaughter. A felony conviction triggers firearm prohibitions under both Texas and federal law, and the two don’t line up:
- Texas (Penal Code § 46.04): a person with a felony conviction may not possess a firearm, with a limited exception allowing possession at home five years after completing the sentence, including any parole or probation.
- Federal (18 U.S.C. § 922): federal law bars anyone convicted of a crime punishable by more than a year in prison from possessing a firearm, with no five-year “at home” exception. Federal law is stricter and does not restore the right the way Texas’s limited exception does.
That gap matters: even where Texas law might eventually allow home possession, federal law can still make possession a crime.
Drugs and “Unlawful User” Status
Federal law also prohibits gun ownership by anyone who is an “unlawful user of or addicted to any controlled substance.” So if your DWI involved illicit drugs, or you have a related drug charge, that can independently affect your gun rights, even without a felony conviction.
DWI Charges Don’t Equal a DWI Conviction
Most of the consequences above flow from a conviction. You have a constitutional right to fight these charges, and there are many potential defenses, challenging the stop, the breath or blood test, and the evidence. Keeping a case from becoming a felony, or beating it outright, is how a gun owner protects their rights. (For more, see the collateral consequences of a DWI.)
Protect Your Second Amendment Rights. Contact Blass Law
When your gun rights are on the line, your choice of lawyer matters. Contact Blass Law for a confidential case evaluation or call (713) 664-4000 to find out how we can defend your case and your rights.
A Houston DWI and criminal defense attorney since 2009 who has never worked for the prosecution. Jay is an ACS-CHAL Forensic Lawyer-Scientist, a certified practitioner and instructor of Standardized Field Sobriety Testing, a certified Drug Recognition Expert, and trained in forensic chromatography. He is a member of the National College for DUI Defense, a founding member of the DUI Defense Lawyers Association, and a commissioner on the Texas Indigent Defense Commission, appointed by Gov. Abbott in 2023.
Last reviewed October 2026 · This article is legal information, not legal advice. Read Jay’s full bio →