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How People Get Caught

Background Checks on Firearm Purchases

When a person with a family violence conviction attempts to purchase a firearm from a licensed dealer, the NICS background check flags the conviction and the sale is denied. In some cases, the attempted purchase itself is referred for prosecution as a separate federal offense (lying on ATF Form 4473).

During Other Law Enforcement Encounters

A person with a family violence conviction who possesses firearms at home may be discovered during a domestic disturbance call, a search warrant execution for an unrelated matter, or a probation/parole home visit. The firearm discovery triggers new charges.

During New Domestic Incidents

If a person with a prior family violence conviction is involved in a new domestic incident and firearms are discovered in the home, they face both the new domestic charge and the firearm possession charge.

Defense Strategies

• Challenging the underlying conviction. If the prior family violence conviction can be set aside, vacated, or successfully challenged on appeal, the firearm prohibition falls with it. Doug reviews the prior conviction for procedural defects, ineffective assistance of counsel, and other grounds for post-conviction relief.
• Challenging whether the conviction qualifies. Not every conviction with a “family violence” label actually meets the federal definition of a “misdemeanor crime of domestic violence.” Doug evaluates whether the specific elements of the prior conviction match the federal definition.
• Challenging possession. If the firearm belonged to another household member, was stored in a common area, or was discovered in circumstances where the defendant did not exercise care, custody, and control, constructive possession may not be established.
• Second Amendment challenges. Following the Supreme Court’s decision in United States v. Rahimi (2024), the constitutionality of firearm prohibitions for domestic violence offenders has been specifically addressed. While Rahimi largely upheld the prohibition, the Court’s analysis under the Bruen framework opens avenues for as-applied challenges in specific circumstances.
• Expungement and nondisclosure strategies. In some cases, the best long-term strategy is to pursue expungement of the underlying family violence conviction or an order of nondisclosure that removes the conviction from public records. While this may not eliminate the federal prohibition in all cases, it can affect the state prohibition and restore certain rights.

The Connection to DWI and Assault Cases

This issue frequently arises in our DWI and assault practice. A client facing a first-offense family violence assault may not realize that a conviction, even a misdemeanor, even deferred adjudication, will cost them their firearm rights for at least five years under state law and potentially for life under federal law. At Deandra Grant Law, we advise every client facing family violence charges about the firearm consequences before any plea decision is made. In many cases, this collateral consequence is the most important factor driving the defense strategy.

Protect Your Rights — Contact Deandra Grant Law Today

If you or someone you love is facing firearm charges in Texas, contact Deandra Grant Law for a free, confidential consultation. Attorney Douglas Huff defends clients against state firearms charges. For federal firearms cases, Attorney James Lee Bright provides experienced federal defense in the Northern and Eastern Districts of Texas. Our forensic credentials and 30+ years of experience give you a defense team equipped to handle any weapons charge.