An affiliate of Martine Law, a national brand with six firms in four states. In Texas, legal services are provided by Texas Criminal Defense Attorneys PLLC, 325 N St. Paul Street, Suite 3129, Dallas, TX 75201.
Will I lose my guns after a family violence charge in Texas?
In short: A charge alone does not take away your guns, but an emergency or protective order can bar possession while it lasts (Penal Code 46.04(c)). A Class A family violence assault conviction bars possession under Texas law until five years after release from jail or community supervision (46.04(b)), and federal law adds a ban (18 U.S.C. 922(g)(9)).
What can stop me from having a gun while the case is pending?
- A magistrate's emergency order may prohibit possessing a firearm (Code of Criminal Procedure 17.292(c)(4)). Possessing one after notice of the order is an offense (Penal Code 46.04(c)) and can also be a violation under 25.07(a)(4).
- A Family Code protective order works the same way under 46.04(c), and federal law also bars possession while certain protective orders issued after a hearing are in effect (18 U.S.C. 922(g)(8)).
- Bond conditions set by the magistrate may also address firearms. Read them closely.
What happens after a conviction?
Under Penal Code 46.04(b), a person convicted of a Class A misdemeanor assault under 22.01 involving a family or household member may not possess a firearm before the fifth anniversary of the later of release from confinement or release from community supervision. Federal law separately prohibits firearm possession by a person convicted of a misdemeanor crime of domestic violence (18 U.S.C. 922(g)(9)). A felony conviction triggers the broader bar in 46.04(a).
What should I do with my firearms now?
Talk with a lawyer before moving or transferring any firearm, so that the way you comply with an order does not create a new problem.
Where are these cases heard outside Dallas?
Misdemeanor cases are heard in the county-level criminal courts, and felonies in the district courts, of the county where the offense is alleged to have happened. We handle cases from our only office, in downtown Dallas, in 12 North Texas counties. Each county page lists the courthouse, the prosecutor's office and the jail: Dallas, Tarrant, Collin, Denton, Rockwall, Kaufman, Ellis, Johnson, Parker, Wise, Hunt, Navarro.
How do I get started?
The first consultation is free. It is with a Director of Client Engagement, not an attorney. Clients who hire us work with an attorney. Call (214) 239-2013 or start a chat. Phones and chat are answered 24/7, with AI covering when no staff is free.
Last updated October 2026
Common questions
Can I keep my guns while a family violence case is pending?
Only if no emergency order, protective order or bond condition bars it. Many do.
How long is the Texas firearm bar after a family violence conviction?
Five years after release from confinement or community supervision, whichever is later (Penal Code 46.04(b)).
Does federal law also apply?
Yes. 18 U.S.C. 922(g)(9) bars firearm possession after a conviction for a misdemeanor crime of domestic violence.
Do not wait for your court date to get help. Call (214) 239-2013.
Phones and chat are answered 24/7, with AI covering when no staff is free.
This page provides general information about Texas law. It is not legal advice, and reading it does not create an attorney-client relationship.