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EspañolWhat is the difference between federal and state gun laws? Why do I need to understand both?
In these pages, we refer to two types of gun laws:
- Federal gun laws are laws that apply to all U.S. states and territories.
- State gun laws are specific to each state or territory.
The major differences between the two types of laws are:
- who makes the law;
- who prosecutes someone who breaks the law; and
- what the punishment is for breaking the law.
It’s important to know about both types of gun laws so you can understand all of the ways the abuser might break the law. This can help you protect yourself. In this section, we will mostly discuss your state’s gun laws. However, you can read our Federal Gun Laws pages to see if any federal laws also apply to your situation.
If you believe the abuser broke the law by having a gun, you can report it to the local police. You don’t need to be able to tell the police which law it is, or whether it’s a state or federal law. However, you should know that the local police can only arrest someone for breaking a state law. They cannot arrest someone for breaking a federal law. Only federal law enforcement can do that. The federal law enforcement agency that handles gun issues is the Bureau of Alcohol, Tobacco, and Firearms (“ATF”). If the abuser broke state and federal laws, s/he might be prosecuted in both state and federal courts.
The chart below shows what the local police can do, depending on whether they believe the abuser broke a state or federal gun law.
| If the abuser broke a… | Then the local police can… |
|---|---|
| state gun law | arrest the abuser and hand the case over to the local prosecutor. |
| federal gun law | tell the ATF or the federal prosecutor, called the U.S. Attorney, in your state. |
If you believe the abuser broke a federal law, you can also contact the ATF directly to report it. To learn how, go to Who do I notify if I think the abuser should not have a gun?
What is the definition of a felony?
Throughout these gun law pages, we will refer to gun laws that make it illegal for someone convicted of a felony to have a gun. A felony is a more serious crime than a misdemeanor. It is defined under Texas state law as an offense punishable by death or confinement in a penitentiary or any other offense that is named a felony under the law.1 However, you cannot always tell if someone was convicted of a felony only by looking at the amount of time s/he actually served in prison since sentences are often reduced or pled down. If you are unsure if the abuser was convicted of a felony, you might want to talk to the prosecutor who handled the criminal case against the abuser to find out or go to the courthouse and search the conviction records.
1 Tex. Penal Code § 1.07(a)(23)
I am a victim of domestic violence and the abuser has a gun. Is that legal?
It depends. If you have a protective order, it may be illegal for the abuser to have a gun. If the judge believes that the abuser committed family violence, the judge can prohibit the abuser from possessing a firearm as part of your protective order. The judge is also supposed to suspend a person’s license to carry a concealed handgun if the judge finds that the person committed family violence.1 However, if the abuser is a peace officer who is currently employed as a sworn, full-time paid employee of a state agency or political subdivision, the judge cannot prohibit him/her from having a firearm.2
Also, federal laws, which apply to all states, restrict a person’s right to have a gun under certain circumstances such as when the abuser has been convicted of certain domestic violence-related crimes or if you have an order of protection against the abuser that meets certain requirements. Go to Federal Gun Laws to get more information.
1 Tex. Family Code § 85.022(d)
2 Tex. Family Code § 85.022(b)(6)
