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Family Violence & Firearms in Texas

Texans are notorious for enjoying their gun rights, and for many people in the Lone Stare State, gun ownership is a way of life – it’s almost a “badge of honor.” Aside from being a convicted felon, can anything compromise a person’s gun rights? Yes, absolutely, especially if a gun owner has an active protective order against him or her for “family violence,” otherwise known as domestic violence.

According to the National Coalition Against Domestic Violence (NCADV), “Federal gun laws are essential for protecting the lives of victims of domestic violence. We support strengthening gun safety laws to protect all victims of domestic violence.”

Statistics provided by the NCADV:

  • In the U.S., women are 11 times more likely to die by a firearm than in other developed countries.
  • 1 in 3 females who are murdered in the U.S. are killed by their intimate partners.
  • If there is a gun in the home, the risk of homicide is 20 times higher if there is a history of domestic violence.
  • Of the women murdered by their intimate partners, 76% of them were stalked.

What Texas Law Says

What does Texas law say about firearms and family violence? According to the Texas Council on Family Violence, “It is a crime for an abuser to have a firearm if an active protective order is in effect.” Going further, an abuser commits a federal crime if he or she possesses any ammunition or firearms while being subject to a “qualifying protection order.”

Under U.S.C. Ch. 9222(g)(8), the penalty for violating this federal statute is up to 10 years in prison, or a fine up to $250,000, or both a fine and imprisonment. To learn more, see TX Family Code Ch. 85.026 and 18 U.S.C. Ch. 9222(g)(8).

Need a Plano criminal lawyer? Contact The Zendeh Del Law Firm, PLLC today!