Your gun rights may be impacted if you are accused of domestic violence in Texas. Can a convicted abuser get a gun in Texas? Whether an individual convicted of a domestic violence offense can get a gun in Frisco, Texas, for example, depends on the specific conviction and if there is a protective order, the terms of the protective order. If you have been charged with domestic violence, assault, or a gun violation related to such charges, you likely need to talk to a criminal defense lawyer, like Frisco criminal defense attorney Philip D. Ray.
Is an Individual Convicted of Domestic Violence Prohibited from Possessing a Firearm Under Texas Law?
The term “conviction” means a finding of guilt (including a plea of nolo contendere), an imposition of sentence, or both, by a judicial body. Under Texas law, only some types of domestic violence convictions will result in losing the right to possess a firearm. So in some instances, can an abuser have a gun? – Yes.
But not everyone! As per Texas Penal Code § 46.04, if you have been convicted of a felony, you cannot possess a firearm for five years from the date of release from prison or community supervision. This restriction also applies if an individual is convicted of assault against a family member or member of their household (punishable as a Class A misdemeanor).
Under the statute, “family” includes parents, children, foster children, foster parents, former spouses, or anyone related by blood or marriage, or parents of the same child.
Notably, the statute does not prohibit individuals convicted of assault against current or former dating partners from possessing a firearm if they did not live together.
Is an Individual Convicted of Domestic Violence Prohibited from Possessing a Firearm Under Federal Law?
Under Federal law, you are prohibited from possessing or receiving a firearm if you are convicted of a domestic violence crime. This prohibition includes Texas family violence crimes that are classified as misdemeanors. Misdemeanor domestic violence crimes are the only misdemeanor-level offenses that result in a gun ownership prohibition. So can an abuser have a gun? – No, not if you are convicted of a domestic violence (DV) crime.
If you are convicted in any court, Federal or State or local, of a crime punishable by a term of over one year, you are also prohibited from possessing a firearm (gun) or even receiving a firearm. To be clear, this includes convictions under Federal law and all Texas family violence felonies.
Can Your Gun Rights Be Restricted in a Protective Order in Texas?
Basically yes. You can also lose gun rights in Texas – even in Frisco – if your accuser files a protective order against you and is granted one. Under Texas Penal Code § 85.022(6), a judge can prohibit an individual found to have committed family violence from possessing a firearm as a part of their protective order. The judge will grant a protective order if they believe in their judgment the accusations are credible.
The prohibition and restriction of your gun rights begin once you receive notice of an order of protection. Protective orders are issued to protect spouses, children, family members, household members, and dating partners, among others. Texas also suspends an offender’s concealed carry license as subject to the protective order. You do not need to be convicted of a crime for the protective order to be issued and the loss of gun rights to take place. So can an abuser have a gun? – No, not if you are under the restrictions of a protective order which prohibits possession of a firearm.
When the protective order is lifted, the gun rights are restored.
The one exception is if the abuser is currently a full-time peace officer (police/law enforcement officer) employed by a state agency or political subdivision. Then a judge cannot prohibit them from having a firearm by the use of a protective order.
Gun Rights in Texas
Gun rights and the laws that oversee them are constantly being discussed in Texas. With the mass shootings Texas has suffered, gun rights advocates and gun reform advocates are talking about if Texas has the ability to protect its citizens.
For example, there was a recent ruling by the 5th U.S. Circuit of Appeals, one of thirteen federal appellate courts. They ruled that the Second Amendment of the Constitution does allow individuals under restrictions of protective orders for domestic violence to keep their guns, which as you have see above is in opposition to Texas laws about protective orders. This decision has expanded Second Amendment rights and has led other courts to strike down other gun restrictions. The Department of Justice (DOJ) has sent a petition to the US Supreme Court asking them to overrule the lower court’s ruling.
Can I Protect My Gun Rights?
If you have been charged with a domestic violence crime, the best way to protect your gun rights is to hire a qualified Frisco criminal defense attorney like Philip D. Ray. If you are convicted of domestic violence, then your gun rights are affected. But if the charges are dropped or you are found not guilty, then your right to own, carry, possess, and use your firearm will not be altered. With an experienced lawyer, you have the best chance of avoiding a conviction and therefore protecting your gun rights.
Speak to an Experienced Frisco Criminal Defense Attorney
If you or someone you know is facing criminal charges, you should immediately reach out to a local Frisco criminal defense attorney. Philip D. Ray is an experienced criminal attorney and former prosecutor who will provide you with a skilled and aggressive defense. Call The Law Offices of Philip D. Ray today at (469) 588-6770 for a consultation.