English
EspañolIf 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?
Criminal records are open to the public, but they are not always easy to get to. If you know which courthouse the abuser’s case was in, you can go there and ask the clerk of court for access to those records.
Some criminal records are also kept in the federal government’s National Instant Criminal Background Check System (NICS). However, only 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 don’t have to.
To read more about the NICS and background checks for gun buyers, see What will happen if the abuser tries to purchase a gun?
