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Legal Information: Texas

State Gun Laws

Updated: 
July 28, 2023

I have a temporary ex parte order against the abuser. Do I have to wait until I receive a permanent order before the abuser's gun is taken away?

Every protective order, including a temporary ex parte order, is supposed to have this warning printed on it:

“IT IS UNLAWFUL FOR ANY PERSON, OTHER THAN A PEACE OFFICER, AS DEFINED BY SECTION 1.07, PENAL CODE, ACTIVELY ENGAGED IN EMPLOYMENT AS A SWORN, FULL-TIME PAID EMPLOYEE OF A STATE AGENCY OR POLITICAL SUBDIVISION, WHO IS SUBJECT TO A PROTECTIVE ORDER TO POSSESS A FIREARM OR AMMUNITION.”1

Also, there should be a box that the judge can check on your temporary order which states that the respondent cannot possess a firearm or ammunition while the temporary order is in place and that his/her license to carry a concealed handgun is immediately suspended.

1 Tex. Fam. Code § 85.026(a)

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