Laws on Gun Surrender
DISCLAIMER: The following information is not legal advice. You may use the guidelines to decide whether you think your abuser may unlawfully possess a gun, but this website is to be used as an informative resource only.
If after reviewing the below information you think your abuser may illegally own a gun, proceed to PLAN OF ACTION section for tips on how to get the gun removed.
Federal and Texas laws restrict gun ownership for abusers and perpetrators of violent crimes. Your abuser could be in possession of a firearm illegally if:
You have a protective order against him*;
He* has been convicted of a misdemeanor crime of domestic violence; or
He* has been convicted of a felony of any kind.
The federal government and Texas state government have different laws that prohibit abusers from possessing firearms. Although they may differ (see note below), both sets of laws apply in the state of Texas. Read on to find out about what kinds of protective orders, misdemeanors, and felonies restrict an abuser’s rights to gun ownership.
* Not all domestic violence is perpetrated by males. However, statistics show that men are much more likely to commit domestic violence against women. Because of this, we have used gendered pronouns for consistency.
Protective Orders
Federal Law:
Federal law[1] prohibits persons under a “qualifying” family violence protective order from possessing firearms. This prohibition only lasts as long as the protective order is in place.
Qualifying family violence protective orders are:
Orders that prohibit your abuser from harassing, stalking, or threatening you or your children, or orders that prohibit your abuser from putting you or your children in fear of bodily injury.
As long as the order:
a) Was issued after a hearing where your abuser received actual notice and was given the opportunity to participate, and
b) is not a temporary protective order.
Texas Law:
Texas law restricts gun ownership for a person under a protective order for the following:
Family Violence; [2]
Sexual assault; [3]
Stalking; [4] or
Human trafficking; [5]
Texas law also restricts gun ownership for abusers under domestic violence protective orders issued by another state if your abuser has received notice of the order. [6]
Note: These protections might not apply if your abuser is an active, sworn full-time peace officer. [7]
Misdemeanor Crimes of Domestic Violence
Federal Law:
Federal law imposes a lifetime ban on gun possession for persons previously convicted of a “misdemeanor crime of domestic violence.”
A “misdemeanor crime of domestic violence” is any misdemeanor that involves:
the use or attempted use of physical force; and/or
the threat of use of a deadly weapon.
Your abuser may be prohibited from possessing a gun if he commits a misdemeanor of domestic violence and he:
1) Is a current or former spouse, parent, or guardian of the victim;
2) Shares a child in common with the victim;
3) Is a current or former cohabitant with the victim as a spouse, parent, or guardian; or
4) Is similar to a spouse, parent, or guardian of the victim. [8]
An abuser who violates this provision by possessing a firearm can be punished with up to ten years in prison and a $250,000 fine.
Texas Law:
Texas law prohibits those convicted of a domestic violence misdemeanor from possessing a firearm for five years after the end of a confinement period or community supervision. [9]
An abuser may be prohibited from possessing a gun if he commits a domestic violence misdemeanor offense against:
A former or current dating partner; [10]
A present or former household member or someone the offender cohabited with; [11] and
Specified family members, regardless of whether they reside with the offender. “Specified family members” include:
Former spouses,
Parents of the same child; and
Foster child/foster parent. [12]
Felonies
Federal Law:
Federal law prohibits those convicted of any type of felony from possessing a firearm. This prohibition does not expire. [13]
Texas Law:
Texas Law prohibits a convicted felon from possessing or carrying a firearm for a period of five years after the END of confinement or the END of community supervision, parole, or mandatory supervision -- whichever date is later. [14]
** Note **
Although both state and federal law apply to those living in Texas, the laws differ. For example, federal law imposes a lifetime firearm ban on those who have committed a felony, but Texas law allows those who have committed a felony to possess firearms after a designated time period has passed. In such a situation, even though the Texas prohibition may have expired, the federal prohibition still stands. In other words, the longer prohibition controls.
Footnotes:
[1] 18 U.S.C. § 922(g)(8), (9)
[2] Tex. Fam. Code § 85.022(d)
[3] Tex. Penal Code § 25.07(a)(4)
[4] Tex. Penal Code § 25.07(a)(4)
[5] Tex. Penal Code § 25.07(a)(4)
[6] Tex. Penal Code § 46.04(c)
[7] Tex. Penal Code § 25.07(a)
[9] Tex. Penal Code § 46.04(b). See also Tex. Penal Code § 22.01(a).
[11] Tex. Fam. Code § 71.005, 71.006