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EspañolIf the abuser has been convicted of a crime, can they have or buy a gun?
Under Texas law, someone cannot have a gun for five years following their release from jail, prison, or community supervision if they are convicted of:
- a Class A domestic violence misdemeanor; or
- a felony, even if it is not related to domestic violence.1
Also, after this five-year period, the convicted felon can only have a gun at home, not in other locations. Violation of this law is a felony of the third degree.1
Federal laws, which apply to all states, also restrict a person’s right to have a gun if they have been convicted of certain crimes. Our Federal Gun Laws page has more information.
1 Tex. Penal Code § 46.04(a), (b), (e)
How can I find out if the abuser has been convicted of a crime?
Criminal records are open to the public, but they are not always easy to get to. If you know which courthouse the abuser’s case was in, you can go there and ask the clerk of court for access to those records.
Some criminal records are also kept in the federal government’s National Instant Criminal Background Check System (NICS). However, only law enforcement officials and licensed firearm sellers are allowed to search the NICS. Your local police department may be willing to search NICS for you if you ask, but they don’t have to.
To read more about the NICS and background checks for gun buyers, see What will happen if the abuser tries to purchase a gun?
