Firearms After a Misdemeanor Domestic Violence Conviction: Texas and Federal Law

Quick answer: Yes, a misdemeanor can cost you your firearms. Under 18 U.S.C. 922(g)(9), a person convicted in any court of a misdemeanor crime of domestic violence can’t possess a firearm or ammunition in or affecting commerce, with no end date written into that subsection. Texas adds its own ban: Penal Code Section 46.04(b) prohibits possession for five years after certain Class A family assault convictions. If you’re charged in McKinney or Collin County and you own firearms, hunt or carry for work, raise this before you discuss any plea.

Clients are often surprised by this one. A person can spend no time in jail and still lose a right they’ve had their whole life, because of a misdemeanor they took to make a case go away. Here’s how the law is written.

What does federal law prohibit?

18 U.S.C. 922(g)(9) makes it unlawful for any person who has been convicted in any court of a misdemeanor crime of domestic violence to ship or transport in interstate or foreign commerce, or possess in or affecting commerce, any firearm or ammunition, or to receive any firearm or ammunition that has been shipped or transported in interstate or foreign commerce.

Note the word ammunition. And note the penalty: under 18 U.S.C. 924(a)(8), a person who knowingly violates subsection (g) can be fined, imprisoned for not more than 15 years, or both.

What counts as a misdemeanor crime of domestic violence?

The definition is in 18 U.S.C. 921(a)(33). It’s an offense that is a misdemeanor under federal, state, tribal or local law, and that has, as an element, the use or attempted use of physical force, or the threatened use of a deadly weapon, committed by a person in a listed relationship with the victim:

• A current or former spouse, parent or guardian of the victim
• A person with whom the victim shares a child in common
• A person cohabiting with or who has cohabited with the victim as a spouse, parent or guardian
• A person similarly situated to a spouse, parent or guardian of the victim
• A person who has a current or recent former dating relationship with the victim

That list isn’t identical to the Texas definition of family violence. Whether a given Texas conviction fits is a legal question that depends on the offense and the relationship, so don’t assume the label answers it.

The statute also requires certain protections in the earlier case. A person isn’t considered convicted unless they were represented by counsel or knowingly and intelligently waived counsel and, if entitled to a jury trial, the case was tried by a jury or the person knowingly and intelligently waived one, by guilty plea or otherwise. A conviction that has been expunged or set aside, or for which the person was pardoned or had civil rights restored, generally isn’t counted, unless that relief expressly says the person may not possess firearms.

How do the Texas and federal rules compare?

Rule	Who it reaches	How long
18 U.S.C. 922(g)(9)	Person convicted in any court of a misdemeanor crime of domestic violence	No end date in the subsection; see the exceptions in 921(a)(33)
18 U.S.C. 921(a)(33)(C)	Person with not more than one such conviction against someone in a dating relationship, and no other disqualifier	Not disqualified once 5 years pass from the later of judgment or completing the sentence, if no later qualifying conviction. Not for a spouse, parent, guardian, co-parent or cohabitant
Texas Penal Code 46.04(b)	Person convicted under Section 22.01 of a Class A misdemeanor involving a family or household member	Until the fifth anniversary of the later of release from confinement or release from community supervision. A violation is a Class A misdemeanor
Texas Penal Code 46.04(c)	Person subject to certain protective orders, including an Article 17.292 order, after notice	Until the order expires. Actively employed peace officers are excepted. A violation is a Class A misdemeanor
18 U.S.C. 922(g)(8)	Person subject to a qualifying court order issued after a hearing with actual notice and an opportunity to participate	While subject to the order

Texas also requires a court to tell you. Article 42.0131 says that if a person is convicted of a misdemeanor involving family violence, the court shall notify the person that it is unlawful for the person to possess or transfer a firearm or ammunition.

What if you carry for work?

This is where the stakes can jump from a hobby to a livelihood. Most of the federal firearms chapter doesn’t apply to guns issued for government use. But 18 U.S.C. 925(a)(1) carves out 922(g)(9). That means the government-use exemption doesn’t protect an officer, deputy or service member from this particular ban.

The firm’s clients have included police, security guards and federal employees. If your job involves a firearm, that needs to be part of the conversation from the first call, because the plea that looks reasonable to anyone else may be the one thing you can’t accept.

What can you do before the case ends?

The time to think about firearms is before a conviction exists. Depending on the facts, the answer may be challenging the case itself, examining what the offense requires, or looking at how a resolution is worded and what it actually says. You should also follow any existing order to the letter. If a magistrate’s order or bond condition bars possession, get proper advice on how to comply before you do anything with your firearms.

A few other points connect here. A family violence plea can also affect the felony exposure on any later assault and bring an affirmative finding in the judgment. The question isn’t just whether you can live with this case. It’s whether you can live with what it does later.

Who should you call?

If you’ve been charged and firearms matter to you, call before you plead. Chiles McGuire Criminal Law handles family violence and domestic violence defense and assault family violence in McKinney and across Collin County. The consultation is free, and phones are answered 24/7. Call us at 214-628-7292.