If you live in Texas, you know Texans take pride in their firearms. When
something such as family violence or
domestic violence charges are filed against a proud gun owner, it’s understandable
why he or she may have concerns over their right to bear arms. If you’re
being accused of domestic violence and you own firearms, you’re
probably worried about your gun rights and reasonably so.
For the purpose of this post, we’re going to address firearm possession
and family violence protective orders in Texas. Read on to learn more
how domestic violence can affect a person’s gun rights in the Lone
What the Federal Law Says
For starters, federal laws affect firearm possession. Under
18 USC § 922(g)(8)(9), if you’re convicted of a misdemeanor crime of domestic violence
or if you’re named in a domestic violence protective order, you
are prohibited from possessing or buying ammunition or firearms.
If you are named in a protective order, the law applies to you if the protective
order was issued after you were notified and you had a hearing, and it
protects your intimate partner (e.g. a spouse) or your child or the intimate
partner’s child under 18 USC § 922(g)(8).
We now know that federal bans abusers from possessing or buying firearms;
however, Texas law also prohibits abusers from possessing or purchasing
firearms if they are subject to a domestic violence protective order.
What the State Law Says
In Texas, we have three main types of protective orders:
Temporary Ex Parte Orders,
Final Protective Orders, and
Magistrate Orders for Emergency Protection. Under Texas law, if you are an alleged abuser and you’re named
in an active protective order, it’s illegal for you to possess a
firearm. So, as long as you’re named in a protective order, it’s
illegal under both state and federal law for you to possess a firearm.
For more information, see
TX Family Code Chapter 85.026.
Are you being accused of family violence in Plano or Dallas? If so,
contact The Zendeh Del Law Firm, PLLC to schedule a case evaluation with a member of our legal team!