Most people facing a family violence assault charge assume the gun rights question only applies to felonies. It does not. A misdemeanor family violence conviction in Texas can cost you your right to possess a firearm under both Texas and federal law and the two legal systems impose different restrictions, different timelines, and different definitions of what counts as a disqualifying conviction. Understanding both is essential before you accept any plea, because the decision made in that courtroom will follow you into every gun store, every gun safe, and potentially every federal prosecution you never expected.
The Texas Prohibition: Texas Penal Code §46.04(b)
Texas Penal Code §46.04(b) prohibits a person convicted of a Class A misdemeanor assault involving a member of their family or household from possessing a firearm before the fifth anniversary of the date they were released from confinement or from community supervision — whichever is later.
It applies to Class A misdemeanor assault. The triggering offense is a conviction under §22.01 for intentionally, knowingly, or recklessly causing bodily injury to a family member or household member. A Class C misdemeanor assault (offensive contact, no injury) does not trigger the Texas prohibition.
The five-year clock starts from the end of supervision. If a person receives a two-year probation sentence for family violence assault, the five-year prohibition begins running from the day probation ends and not the date of conviction. Someone who is convicted in 2024 and completes probation in 2026 cannot possess a firearm under Texas law until 2031.
After five years, Texas law allows possession. This is the point at which Texas and federal law diverge dramatically.
Violation is a Class A misdemeanor under Texas law which carries up to one year in county jail and a fine up to $4,000.
Texas law has gaps. The state prohibition does not cover dating violence unless the defendant and victim were married or lived together. It does not apply to threats of violence that did not result in bodily injury. And it does not apply to the same conduct when charged as a Class C misdemeanor. Federal law is significantly broader.
The Federal Prohibition: 18 U.S.C. §922(g)(9) — The Lautenberg Amendment
The federal prohibition is permanent and far broader than Texas law.
The Lautenberg Amendment, codified at 18 U.S.C. §922(g)(9), permanently prohibits anyone convicted of a “misdemeanor crime of domestic violence” from possessing, shipping, transporting, or receiving any firearm or ammunition. There is no five-year window. There is no restoration mechanism through ordinary state channels. The prohibition is for life.
The federal definition of “misdemeanor crime of domestic violence” is broader than the Texas triggering offense. It covers any misdemeanor offense under federal or state law that involves the use or attempted use of physical force, or the threatened use of a deadly weapon, committed by a person with a specified domestic relationship to the victim. The relationship categories under federal law include current and former spouses, current and former cohabitants, parents of a shared child, and current or former dating partners. The dating partner category is one of the most significant gaps in Texas’s own law that federal law fills.
Federal violation: up to 10 years in federal prison, a fine up to $250,000, or both. This is a felony under federal law, prosecuted in federal court, with federal sentencing guidelines that treat firearms violations seriously.
Protective Orders and Firearms: §922(g)(8)
A separate federal prohibition applies while a qualifying protective order is in effect. Under 18 U.S.C. §922(g)(8), a person subject to a court order that was issued after a hearing, restrains them from harassing, stalking, or threatening an intimate partner or their child, and includes a finding that they represent a credible threat or an explicit prohibition on force, cannot possess firearms or ammunition for the duration of the order.
In Texas, every protective order is required by law to include language warning the respondent that possession of a firearm or ammunition is unlawful while the order is in effect. The warning is printed on the face of the order. Violating this prohibition is a federal offense regardless of whether the respondent was convicted of the underlying family violence offense.
The Supreme Court upheld the constitutionality of §922(g)(8) in United States v. Rahimi (2024), rejecting a Second Amendment challenge and holding that disarming individuals who pose a credible threat to others is consistent with historical tradition of firearms regulation.
The Deferred Adjudication Question
Under Texas law, successfully completed deferred adjudication is not a “conviction” for most purposes including for the Texas §46.04(b) firearm prohibition. A person who receives deferred adjudication for a family violence assault, completes the terms, and has the case dismissed generally can possess a firearm under Texas state law.
Federal law is more complicated. Federal courts have treated deferred adjudication differently depending on the jurisdiction and the specific facts of whether the deferred adjudication qualifies as a “conviction” under 18 U.S.C. §921(a)(20). The safer position (and the position a defense attorney must advise clients on clearly) is that deferred adjudication for family violence does not guarantee federal firearm rights. Before making any decision about possessing firearms following a deferred adjudication in a family violence case, consultation with both state and federal defense counsel is essential.
The Plea Decision and Gun Rights
The single most important application of this information is at the plea stage. A defendant facing a family violence assault charge who owns firearms, works in law enforcement, military service, or any occupation requiring firearm access, or simply values their Second Amendment rights, must understand what a plea of guilty or no contest to that charge means under both Texas and federal law before they accept any offer.
A Class A misdemeanor family violence conviction may seem preferable to a felony plea or a trial risk. For someone with firearms, it may carry consequences that make that tradeoff far less attractive than it appears. Negotiating a plea to a charge that does not trigger the federal Lautenberg prohibition (an assault that does not meet the domestic relationship definition, or a charge that does not involve the use of force) can preserve gun rights that a family violence conviction would permanently eliminate.
This is exactly the kind of collateral consequence analysis that needs to happen before any plea is entered, not after.
Speak With Deandra Grant Law
If you are facing a family violence charge in Texas and you own firearms or depend on firearms access for your livelihood, call before you plead. Deandra Grant Law brings more than 30 years of criminal defense experience and more than 500 trials to every case. We handle family violence defense, gun crime defense, and understand the intersection of both because a decision that seems routine in state court can trigger federal consequences that last a lifetime.
Call (214) 225-7117 or visit texasdwisite.com for a confidential consultation