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EspañolI do not have a protective order against the abuser, and they have not been convicted of a crime. What can I do?
Texas state laws do not have many restrictions on having a firearm other than those related to crimes and protective orders. For additional information on gun laws in Texas, you can go to the Giffords Law Center website.
If none of these situations apply, you can still make a plan for your safety. See our Safety Planning page for more information. You can also contact your local family violence organization for additional help. See our Texas Advocates and Shelters page to find a local family violence organization near you.
The abuser uses a gun for his/her job. Does the law still apply?
If the abuser is a peace (police) officer who is full-time and actively employed, then s/he will be able to continue to possess a firearm while there is a protective order against him/her.1
However, there are federal gun laws that make it illegal for anyone convicted of a felony or a domestic violence misdemeanor to buy or have a gun, even if s/he is a police officer or a military employee. Also, under federal law, although a peace officer may possess firearms for work while a protective order is in place, he cannot use/possess any firearms for personal use.2 To read more, go to Federal Gun Laws.
If you are confused or not sure whether your abuser can still use his/her gun for work purposes, you can talk to a family violence advocate in your area or call the National Center on Protection Orders and Full Faith & Credit to find out more information: 1-800-903-0111, ext. 2. To find a family violence advocate in your area, please go to our TX Advocates and Shelters page.
1 Tex. Penal Code § 46.04(c)
2 18 USC § 925(a)(1)
I've read through all of this information, and I am still confused. What can I do?
Gun laws can be confusing! Here are a few places you can contact to get help understanding the law and your rights:
- WomensLaw Email Hotline – write in to ask us questions.
- National Center on Protection Orders and Full Faith & Credit – for more information on federal gun laws and how they may apply to you, call 1-800-903-0111 x 2.
- Local domestic violence organizations - see our TX Advocates and Shelters page to find organizations in your area.
