Our law firm represents many hunters and other gun owners, and we know how important firearms ownership is to many Texans. We also defend clients accused of domestic violence, doing our best to help clients fight back against false accusations.
These two areas of law—domestic violence and firearms rights—intersect. Specifically, certain state and federal laws can limit your ability to own or possess firearms if you are convicted of certain domestic violence charges.
The Basics of Domestic Violence and Gun Rights
The Second Amendment to the U.S. Constitution protects the right to keep and bear arms. However, like all rights, there are limits. The Supreme Court ruled long ago that the government can prohibit people who were convicted of domestic violence (DV) from possessing guns.
Specifically, under the federal Gun Control Act of 1968, people who have been convicted of misdemeanor domestic violence in either state or federal court are usually prohibited from possessing firearms. Courts have upheld this restriction numerous times, finding that it is a reasonable interpretation of the Second Amendment.
The federal law restricting firearm ownership automatically applies to anyone convicted of domestic violence in state court and anyone who is subject to a DV-related protective order.
Firearms Restrictions While Subject to a DV Protective Order
If you have received notice of a DV protective order issued against you in Texas or another jurisdiction, you will be prohibited from possessing firearms. The prohibition lasts as long the order remains in effect, and the prohibition is effective for both final and temporary protective orders.
In addition to losing your right to possess a firearm, your concealed carry license can be suspended while you are the subject of a DV protective order.
Defense Against DV Charges is Critical
To reduce the risk of losing your firearms rights when you are accused of domestic violence, you must quickly retain a defense team experienced in both Texas DV law and firearms law. Depending on the circumstances, the right attorney may be able to fight the DV charges and get you acquitted, thus preserving your freedom and your right to own a gun.
Alternatively, it may be possible to negotiate a plea agreement that includes provisions allowing you to continue to own and use firearms.
Contact Our Domestic Violence Defense Attorneys for a Free Consultation
Lee & Wood is a law firm dedicated to defending the freedom of Texans. We will do everything we can to keep you out of jail, have protective orders lifted, and preserve your constitutional right to bear arms.
Find out how we may be able to help you by calling 817-678-6771, or you can contact us online and we’ll respond promptly. Your initial consultation is free. We serve clients in Fort Worth, Cleburne, Weatherford, and many other communities west of the DFW metroplex.