Texas Law
DOMESTIC VIOLENCE FIREARM PROHIBITIONS
Texas Domestic Violence Firearm Purchase and Possession Prohibitions
Texas prohibits persons convicted of misdemeanor assault involving a member of the person’s family or household from possessing firearms for five years following release from confinement or release from community supervision, whichever is later.1
“Family” is defined as “individuals related by consanguinity or affinity . . . , individuals who are former spouses of each other, individuals who are the parents of the same child, without regard to marriage, and a foster child and foster parent, without regard to whether those individuals reside together.”2
“Household” is defined as “a unit composed of persons living together in the same dwelling, without regard to whether they are related to each other.”3
“Member of a household” includes persons who formerly lived in a household.4
Texas prohibits persons – other than an active, sworn, full-time, paid peace officer – subject to a protective order for a party to a suit for dissolution of a marriage, a temporary ex parte or final protective order for family violence, a magistrate’s order for emergency protection following an arrest for family violence or sexual assault, or a domestic violence protective order issued by another jurisdiction from possessing firearms for the duration of the order if the respondent has received notice of the order.5
In a protective order issued against a person found to have committed family violence, the court shall suspend the respondent’s license to carry a handgun.6
A magistrate issuing an order for emergency protection shall suspend the respondent’s license to carry a handgun.7
Courts issuing a protective order for a victim of sexual assault or abuse, stalking, or human trafficking may suspend the respondent’s license to carry a handgun.8
TEXAS DOMESTIC VIOLENCE PROTECTIVE ORDER FIREARM REMOVAL
Civil Domestic Violence Protective Orders that Require Removal
Texas law does not require removal of firearms and ammunition from persons subject to domestic violence protective orders; however, a court issuing a final protective order for family violence may “order the person found to have committed family violence to perform acts specified by the court that the court determines are necessary or appropriate to prevent or reduce the likelihood of family violence[.]”9
Individuals Who May Petition for A Domestic Violence Protective Order
“Family violence” is defined as:
- an act by a member of a family* or household* against another member of the family or household that is intended to result in physical harm, bodily injury, assault, or sexual assault or that is a threat that reasonably places the member in fear of imminent physical harm, bodily injury, assault, or sexual assault, but does not include defensive measures to protect oneself;
- abuse* by a member of a family or household toward a child of the family or household; or
- dating violence*.10
With regard to sections (1) and (2), above, an adult member of the family or household may file for a protective order to protect the applicant or any other member of the applicant’s family or household.11
With regard to section (3), above, an adult member of the dating relationship or adult member of the marriage may file for a protective order to protect the applicant.12
Any adult may file for a protective order to protect a child from family violence.13
A prosecuting attorney or the Department of Family and Protective Services may file an application for a protective order on behalf of any person alleged to be a victim of family violence.14
