Domestic Violence & Gun Ownership
Domestic violence, often referred to as family violence, is one of the most serious type of offenses a person can commit as it’s a crime against the family. If you’re convicted of a domestic violence offense in Texas, you will have to face serious penalties including possible time in jail and conviction fines. In addition, you may have your gun rights taken away if you’re convicted of a certain domestic violence offense(s).
Under Federal law, you must be convicted of a misdemeanor or felony offense in order to lose your ability to own a firearm. Under Texas law, you could lose your firearm privileges if you were convicted of certain domestic violence crimes such as assault against a family or household member. However, it’s important to know you could also lose your gun rights if the alleged victim filed a protective order against you before, during, or even after criminal proceedings. Depending on the court order, the revocation of gun rights may be temporary until a certain period of time passes.
Houston Family Violence Attorney | Texas Gun Laws Domestic Violence
If you or someone you know has been arrested for a domestic violence offense or wishes to restore their gun rights, call Horak Law. Matthew Horak is a licensed attorney with a special focus in family violence rimes. He’s spent over a decade in criminal trials on both the side of the prosecution and the defense, so he has a unique perspective that could be valuable to you.
Call Horak Law today at (713) 225-8000 to set up your first consultation with Houston domestic violence attorney Matthew Horak. He has offices in The Woodlands and Houston, but won’t hesitate to accept clients in other areas including but not limited to Harris County, Liberty County, Fort Bend County, Brazoria County, Montgomery County and more.
Domestic Violence Firearms Law Texas
In Texas, domestic violence crimes carry heavy penalties that extend past jail time and fines. If you’re convicted of a domestic violence misdemeanor offense, your gun rights will be revoked for five years after you’re released from imprisonment or community supervision. The revocation mostly applies to those convicted of class A misdemeanor domestic assault.
It’s important to understand a domestic violence offense is a crime directed towards what is considered to be “family” under Texas law. The term family can include parents, children, foster children, foster parents, former spouses or anyone related by blood or marriage or parents of the same child. Family violence can include household members who have currently or formerly lived together in the same home.
The state of Texas allow prohibits those subjects to a domestic violence related protective order issued in Texas or anywhere else. That includes emergency orders, temporary orders, and final protective orders towards family members or intimate dating partners. The state will also suspend the offender’s concealed carry license if they are under subject to a protective order.
Restore Gun Rights After Domestic Violence Conviction
The state of Texas may suspend your gun rights, but that doesn’t mean has to be revocation is permanent. You can restore your rights to own a firearm, but the only way to do this is through an appeal or writ of habeas corpus. Therefore, the only way to own a gun after a domestic violence conviction is to overturn it.
Reversing a conviction can be incredibly difficult. The process can be lengthy and feel as if it’s an uphill battle if you don’t have the right knowledge and resources. That is why we highly encourage you to hire an experienced Texas defense lawyer if you wish to overturn a prior domestic violence conviction.
Domestic Violence Gun Ownership Laws – Visit the official website for the Texas Penal Code to learn more about their rules for gun ownership after a domestic violence conviction. Access the site to learn how you can get your gun rights back, what offenses will result in the revocation of your firearm rights, and more.
Gun Owners of America| Texas Chapter – Visit the official website for the Gun Owners of America to learn more about their Texas Chapter. Access the site to read the latest news and updates regarding gun owners’ rights in the Lone Star state.
Domestic Violence Lawyer for Gun Rights | Houston, TX
If you or someone you know has been arrested for a domestic violence crime, call Horak Law. Matthew Horak has years of experience handling all sorts of domestic violence cases and can use his skills and resources for your case. Set up your first consultation today by calling his offices at (713) 225-8000 today.
Horak Law has locations in both Houston and The Woodlands.