If the abuser has been convicted of a crime, can s/he keep or buy a gun?
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)
How can I find out if the abuser has been convicted of a crime?
Domestic violence misdemeanor and felony records are open to the public, but they are not always easy to access. If you know the exact courthouse where the abuser may have been convicted, you can go to the courthouse and ask the clerk of court for access to those records.
Domestic violence misdemeanor and felony records are also kept in the National Instant Criminal Background Check System (NICS). However, no one other than 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 are not required to do so.
To read more about the NICS, please see the question, What will happen if the abuser tries to purchase a gun?