If you’ve faced a domestic violence charge in Texas, there are several domestic violence laws that can affect your ability to own a firearm. In this blog, we’ll talk about some common firearm ownership laws and how a domestic violence charge can affect your 2nd Amendment right.
What is Texas’ 5-Year Firearm Ban?
Texas law prohibits any person convicted of a misdemeanor assault from possessing firearms for five years after they’ve been released from confinement or community supervision. This includes domestic violence cases, including Class A misdemeanor assault cases for intentionally causing bodily injury to a member of their household or family.
The term “family” includes former spouses, foster parents, foster children, persons related by blood, and people who are parents of the same child. Members of a household include people who currently or formerly lived together in the same dwelling.
Texas law also prohibits people from possessing firearms while subject to domestic violence-related protective orders issued in Texas or some other jurisdiction. These protective orders safeguard family members, household members, and significant others, including victims of trafficking, stalking, and sexual assault.
Note that Texas law doesn’t require record verifications if people obtain a firearm through a private deal with another person or at a firearm show. Even so, a domestic violence conviction makes it illegal for convicted people to possess a firearm for five years after their release, no matter how they obtain it.
What Are Some Exceptions To The Firearm Ban?
Texas’ gun restrictions regarding abusive behavior at home have exemptions, as noted by the victims’ rights organization Giffords Law Center to Prevent Gun Violence.
Texas law does not:
- Prohibit the possession of a firearm by people who have been convicted of domestic violence against a current or former dating partner, or of threatening to violently injure a family or household member
- Have a law to guarantee surrender of firearms by domestic abusers who are prohibited from possessing firearms under state or federal law
- Explicitly approve or require the expulsion of firearms at the scene of a domestic violence incident
Experienced Domestic Violence Defense Lawyer in Houston
If you face a domestic violence charge in Houston or have questions about domestic violence laws, reach out to us at Law Office of J.L. Carpenter. Attorney Jennifer, “J.L.,” Carpenter is a domestic violence defense lawyer serving Clear Lake and Friendswood, Texas. You can count on her to work tirelessly and exhaust every avenue with the goal of getting you a favorable outcome.