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 Star State.
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!