State Gun Laws

Under Texas law, anyone convicted of a Class A domestic violence misdemeanor cannot have a gun for 5 years following his/her release from jail/ prison or community supervision.  The judge has to specifically inform the abuser (orally or in writing) of what the law says about owning a firearm once s/he is convicted of the misdemeanor.¹  If the abuser is charged with a family violence misdemeanor that is only punishable by a fine (generally a Class C misdemeanor), the warning that is written on the citation (ticket) s/he receives is enough – the judge in that case does not have to also remind the abuser of the law against firearm possession.²

A violation of this law against possessing a firearm after conviction of a family violence misdemeanor is a Class A misdemeanor.

Anyone convicted of a felony (does not have to be domestic violence-related) cannot have a gun for 5 years following his/her release from jail/ prison, parole, or community or mandatory supervision.  Also, after this 5-year period, the convicted felon can only have a gun at his home, not in other locations.  Violation of this law is a felony of the third degree.³

Federal laws, which apply to all states, also restrict a person’s right to have a gun if s/he has been convicted of certain crimes. Go to Federal Gun Laws to get more information.

¹ Tex. C.C.P., Article 27.14(e)(1)
² Tex. C.C.P., Article 14.06(b), Article 27.14(e)(2)
³ Tex. Penal Code  § 46.04(a),(b) & (e)