Every fall, you take out your favorite deer rifle for hunting season and spend some special weekends in the woods with friends. But as your ongoing divorce and back-and-forth arguments with your soon-to-be ex begin to heat up, a Protective Order has been issued against you. Now, you’re left wondering what this means for you, your cherished rifle, and your right to keep it.
Many Texans face similar questions when Protective Orders and gun rights collide. So, can a Protective Order in Texas impact your gun ownership rights? Let’s find out.
Can You Buy a Gun with a Protective Order?
Having a protective order placed against you can affect your right to bear arms in Texas.
But it also depends on the order. Below are various types of Protective Orders and how each can affect you.
- Temporary Orders (Ex Parte): These short-term orders can stop you from buying a gun if they meet specific criteria.
- Magistrate Emergency Protective Orders (EPO): The court may issue an EPO if someone is arrested for family violence. These can last from 31 to 91 days and usually prohibit you from buying or owning a gun.
- Final Protective Orders: Once a final order is in place, federal law generally prevents you from owning, purchasing, or receiving a gun during the time the order is active.
If you try to purchase a firearm or a gun license, a background check will immediately flag any protective orders, and you will most likely be denied your purchase.
What If You Already Own a Gun?
If you already legally own a firearm and are facing a protective order, here’s what to keep in mind:
- Surrender Your Guns: The court may require you to turn in your guns to law enforcement for the duration of the order.
- Penalties: You can be fined up to $4000 and/or a year in prison for possessing a firearm while under a protective order.
As with most laws, there are exceptions to the rule.
- Non-Violent Protective Orders: If your order isn’t related to domestic violence or stalking, you might not face restrictions.
- Military or Law Enforcement Service: If you are currently in the US military or if you are a Law Enforcement officer, there could be a legal exemption for you.
Please Call Christman | Daniell for Your Legal Needs Today!
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Please consult an attorney for advice about your situation. The material on this website and in this or any blog article we publish are for informational purposes only and do not constitute legal advice. The attorneys at Christman | Daniell believe in tailoring legal advice and solutions to your circumstances.
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