State Gun Laws

Texas state law says it is a Class A misdemeanor, punishable by up to one year in jail and/or up to a $4,000 fine¹ if the abuser:

• has a firearm and there is a protective order in place against him/her (but there is an exception for peace officers);² or
• has been convicted of a Class A domestic-violence misdemeanor and has a gun in the 5 years following his/her release from jail/prison or community supervision.³

It is a felony of the third degree, punishable by a prison term of between 2-10 years and a fine of up to $10,000 if the abuser:⁴

• has been convicted of a felony (does not have to be domestic violence-related) and has a gun in the 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/her home, not in other locations.⁵

In addition, 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 or if there is an order of protection against him/her that meets certain requirements.  Violating federal law carries additional criminal penalties.  Go to Federal Gun Laws to get more information.

¹ Tex. Penal Code §§ 12.21; 46.04(e)
² Tex. Penal Code § 46.04(c), (e)
³ Tex. Penal Code § 46.04(b)
⁴ Tex. Penal Code § 12.34
⁵ Tex. Penal Code § 46.04(a)