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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. When 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.
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)
