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
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
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!