In these pages, we refer to two types of gun laws:

1. Federal gun laws are laws that apply to all U.S. states and territories.
2. 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 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?

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)

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)

There should automatically be language on your protective order that states that the respondent (person who the order is against) cannot posses a firearm or ammunition while the protective order is in effect.¹ You will want to make sure that this information is included on your order.

However, it could also be important to tell the judge if the abuser has a gun, how many guns s/he has, and if s/he has ever threatened you with a gun(s).

It also may be helpful if the judge explains what will happen to the abuser’s guns, who will take them, and where they will be held once you leave the courthouse. Although the judge may deny your request, you may even want to ask the judge to:

• Require the abuser to give his/her guns to the police, or require the police to go to the abuser’s house and get them.
• Make it clear to both you and the abuser how long the guns will be kept away from the abuser.
• Order that the police notify you when the guns are returned to the abuser.

¹ Tex. Fam. Code § 85.026(a)

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)

If you think the abuser broke a state gun law, you can call the local police, the sheriff’s department, or the state police.

If you think the abuser broke a federal gun law, you can contact the U.S. Bureau of Alcohol, Tobacco, and Firearms (ATF). There are several different ways to do this:

1. The ATF has a hotline for reporting illegal gun activity at 1-800-ATF-GUNS (1-800-283-4867).
2. The ATF also has both an app and a website to allow people to submit anonymous tips. There is more information on their website.
3. There is a list of ATF field offices in the northern part and southern part of Texas on the ATF website if you would like to speak to someone local.

Many ATF offices have victim advocates, called “victim/witness coordinators.” You can ask to speak with one of these advocates if you are having a hard time reaching an ATF officer.

A domestic violence organization in your area may also be able to answer your questions and help you talk to the right law enforcement officials. You can find contact information for organizations in your area on our  TX Advocates and Shelters page.
 

Note: Generally, a person does not need to know the law to be arrested for breaking it. If the abuser has or buys a gun in violation of the law, s/he can be arrested, whether or not s/he knows that s/he broke the law.¹

¹ United States v. Lippman, 369 F. 3d 1039 (8th Cir. 2004); United States v. Henson, 55 F. Supp. 2d 528 (S.D. W.V. 1999)

Buying a gun from a licensed gun seller

Someone who wants to buy a gun from a licensed gun seller, also known as a firearms dealer, must first pass a criminal background check. This background check is done through the National Instant Criminal Background Check System (NICS). A licensed gun seller will use the NICS to instantly check whether the person can legally buy, have, and transport guns.¹ 

If the abuser was convicted of a felony or domestic violence misdemeanor in any state or territory, or if s/he has a qualifying protection order against him/her, those records should be in the NICS. This should prevent the abuser from legally buying a gun. However, not all states automatically put their records in NICS. This makes it more difficult to do a complete criminal background check. Sometimes criminals and abusers might slip through the system.

Buying a gun from a private seller or online

Someone who wants to buy a gun from a private seller or online seller doesn’t have to go through a background check. Private and online gun sellers don’t use the NICS.

Note: Just because someone was able to buy a gun, this doesn’t always mean it is legal for him/her to have one. If you believe that the abuser cannot legally have a gun but has one anyway, you can report it to the police. You can ask them to take the abuser’s gun away. Hopefully, the police will investigate the situation. You may also want to consider making a safety plan, which might include filing for a restraining order. An advocate at your local domestic violence organization may be able to help you design a personalized safety plan. 

¹ National Criminal Justice Reference Service 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.  You may want to talk to them about whether leaving the area - either long term or for a little while - might help improve your safety.  See our TX Advocates and Shelters page to find a local family violence organization near you.

For additional information on gun laws in Texas, you can go to the Giffords Law Center website.

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.