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Texas police force does not:

  • Have a law to ensure relinquishment of firearms or armament by people who take become prohibited from possessing firearms or ammunition under state or federal law;
  • Prohibit firearm possession past people convicted of committing criminal domestic violence confronting a current or one-time dating partner in most cases, or convicted of threatening to violently injure a family or household member; or
  • Explicitly authorize or crave the removal of firearms or ammunition at the scene of a domestic violence incident.

Firearm Prohibitions for Domestic Violence Misdemeanor Convictions

Texas prohibits people bedevilled of some domestic violence misdemeanors from possessing firearms for v years post-obit their release from confinement or customs supervision.i This restriction by and large applies to people convicted of Grade A misdemeanor set on for "intentionally, knowingly, or recklessly caus[ing] bodily injury" to a member of their family unit or household.two For these purposes, the term "family" includes people related by blood or affinity,iii as well as quondam spouses, individuals who are the parents of the same child, and foster children or foster parents.4 The term "household" fellow member includes people who currently or formerly lived together in the same habitation.v

In that location are notable gaps in this law: for case, Texas'south firearm prohibition mostly does not apply to people convicted of violent assaults against a current or quondam dating partner, unless the defendant has been married or lived with the victim; and it does not apply to people bedevilled of threatening a family or household member with imminent vehement injury. Additionally, people convicted of qualifying domestic violence misdemeanors are merely prohibited from accessing firearms for five years subsequently their release from confinement or community supervision. A much broader federal police mostly permanently prohibits people bedevilled of domestic violence misdemeanors from possessing firearms after conviction.

Texas law requires peace officers and courts to provide specified notices to people cited and bedevilled of misdemeanors involving family violence that they may exist prohibited from accessing firearms nether state or federal law.six

Firearm Prohibitions for Domestic Violence Protective Orders

Texas law generally prohibits people from possessing firearms while they are bailiwick to domestic violence-related protective orders issued in Texas or another jurisdiction, one time they take received discover of the society.vii These firearm-prohibiting protective orders include both final and temporary ex parte orders issued to protect family and household members, likewise as dating partners, and victims of stalking, trafficking, and sexual assault, among others.8

While Texas law states that courts "may" prohibit protective social club respondents from possessing firearms,9 state law prohibits respondents from possessing firearms once they take received notice that they are subject to a protective orderx, and requires that everyprotective lodge inform the respondent that "It is unlawful for whatsoever person, other than a peace officeholder,… who is subject to a protective guild to possess a firearm or armament."xi

Courts are also directed to suspend curtained bear licenses from people field of study to protective orders in many cases.12

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  1. Tex. Penal Code § 46.04(b); Tex. Penal Lawmaking § 22.01(a), (b).[↩]
  2. Tex. Penal Code § 46.04(b); Tex. Penal Code § 22.01(a),(b). See likewise, Tex. Penal Code § 22.01(c)(1), (c)(three).[↩]
  3. See Tex. Gov. Code § 573.024.[↩]
  4. Run across Tex. Fam. Code § 71.003; Tex. Gov. Code §§ 573.022, 573.024.[↩]
  5. Tex. Fam. Lawmaking §§ 71.005, 71.006.[↩]
  6. If a person is convicted of a misdemeanor involving "family unit violence," the court must notify the person of the fact that it is unlawful for the person to possess or transfer a firearm or ammunition. Tex. Code Crim. Proc. art. 42.0131. The definition of "family violence" is broader than Texas'due south domestic violence firearm prohibition and includes current or former dating partners. Tex. Fam. Code § 71.004.

    A peace officer who is issuing a citation for specified misdemeanors must also provide the arrested person with the post-obit written notice:

    "If you are convicted of a misdemeanor offense involving violence where you are or were a spouse, intimate partner, parent, or guardian of the victim or are or were involved in some other, similar relationship with the victim, information technology may be unlawful for you lot to possess or buy a firearm, including a handgun or long gun, or ammunition, pursuant to federal law under 18 United statesC. Section 922(one thousand)(nine) or Section 46.04(b), Texas Penal Code. If you have any questions whether these laws get in illegal for you to possess or buy a firearm, you should consult an attorney. Tex. Code Crim. Proc. art. 14.06(b)."

    A court that is accepting a plea of guilty or a plea of nolo contendere past a accused charged with a misdemeanor involving family violence must also admonish the defendant using the same statement, either orally or in writing. Tex. Code Crim. Proc. fine art. 27.xiv(eastward)(i).[↩]

  7. Texas Pen. Code §§ 46.04(c), 25.07(a)(4). This prohibition does not apply to an active, sworn, full-time, paid peace officer, nevertheless.[↩]
  8. Id.; Tex. Fam. Lawmaking § 85.026. See as well, Tex. Fam. Lawmaking §§ 71.004, 71.0021; Tex. Code Crim. Proc. Championship 1, Ch. 7A.[↩]
  9. See, e.g., Tex. Fam. Code § 85.026; see also, Tex. Fam. Code §83.001(b).[↩]
  10. Texas Pen. Code §§ 46.04(c).[↩]
  11. Tex. Fam. Code § 85.026. See also, Tex. Code Crim. Proc. art. 7A.06, 7B.07(a).[↩]
  12. For instance, a magistrate issuing a protective club post-obit an arrest for family violence, sexual assault or stalking or a court issuing a protective order against family violence must append the perpetrator's license to carry a curtained handgun. Tex. Code Crim. Proc. art. 17.292(l). Courts likewise have authority to suspend a license when issuing a protective club for a victim of sexual assault or human trafficking (fifty-fifty when an arrest is not made). Tex. Crim. Proc. Code art. 7A.05(c), 7B.06(c); Tex. Fam. Lawmaking § 85.022(d).[↩]