If you are facing domestic violence allegations, your right to purchase and possess firearms may be in jeopardy under Texas state laws and federal laws. Depending on the circumstances, if you are the subject of a domestic violence restraining order or you have a domestic violence misdemeanor or felony conviction, you may be prohibited from possessing a firearm.
Attorneys at Vinas & Graham, PLLC, know that domestic violence allegations can have a significant impact on your rights and freedom. If you have questions about domestic violence charges and gun ownership, contact our office to schedule a consultation with one of our attorneys. We will review your case and go over potential legal strategies to protect your rights.
Texas Law Regarding Firearms And Domestic Violence Convictions
Texas law prohibits anyone convicted of a domestic violence misdemeanor from possessing a firearm for five years after release from prison or community supervision. Specifically, this law applies to violence against a member of the person’s family or household.
Family members include but are not limited to spouses, former spouses, your child’s other parent, and foster children. Members of a household are defined as people who live together or lived together in the past.
If you are facing assault charges, but you do not have a domestic relationship with the alleged victim, you may not lose your gun ownership rights, however. For example, if you are dating someone that you have never lived with nor been married to, Texas law might not prohibit you from owning a firearm if you are convicted of a misdemeanor assault against that person.
Protective Orders, Felonies, And Texas Law
Even if you are not facing domestic violence charges, your gun rights may be impacted if you are the subject of a domestic violence protective order. The prohibition on firearms possession stays in place until the protective order against you has expired.
In addition to the five-year firearm ban after a misdemeanor domestic violence conviction, if you are convicted of any felony, including a felony related to domestic violence, you may lose your right to possess a firearm in Texas for a minimum of five years. However, Texas’s state laws are separate from federal laws, which are stricter regarding gun rights for convicted felons.
Federal Laws Regarding Firearms And Domestic Violence
Federal law prohibits convicted felons and those with misdemeanor domestic violence convictions from purchasing and possessing firearms. Unlike state law, federal law does not provide an option for restoring your gun rights after a five-year wait period. Similar to state law, federal law prohibits anyone subject to a domestic violence restraining order from possessing a firearm.
Domestic Violence Impacts On Other Firearm Rights
If you have a domestic violence conviction or are subject to a domestic violence restraining order, you may lose other firearm rights as well. For example, you might lose your right to maintain a conceal and carry permit.
You might also have a potential issue if you are restricted from possessing a firearm, but you live with someone who owns a gun. If you have access to a gun in your house, you might be accused of being in possession of the firearm, even if it is owned by someone else.
Consequences For Unlawful Possession Of A Firearm
Understanding your gun rights and knowing if those rights are in jeopardy due to a domestic violence matter is critical to ensure that you do not violate purchase and possession laws. The consequences for weapons possession charges in Texas can be severe, depending on the facts of your case.
Unlawful possession of a firearm can lead to misdemeanor or felony charges. A misdemeanor weapons conviction might result in up to one year in prison and a $4,000 fine. The penalties are steeper for felony convictions with up to ten years in prison and up to $10,000 in fines.
Houston Domestic Violence Defense Attorney
If your right to own and possess firearms is in jeopardy due to domestic violence charges, your criminal record, or a restraining order, you need an experienced attorney to protect your rights. Domestic violence defense attorneys at Vinas & Graham, PLLC, represent clients facing domestic abuse allegations, and they will fight to protect your rights.
To schedule a consultation, contact us at 713-229-9992 or submit an online form, and someone from our office will contact you as soon as possible. Follow us on Facebook for more information about our law practice and Texas domestic violence matters.
