Can You Own a Gun After Assault Family Violence in Texas?

No — and this answer surprises more people than almost any other consequence of an assault family violence conviction. Most people associate the permanent loss of firearm rights with felony convictions. A misdemeanor assault family violence conviction — even a Class A misdemeanor with no jail time, probation only, and a fine — permanently eliminates your right to possess a firearm or ammunition under federal law. This prohibition applies immediately upon conviction, applies for life, and cannot be restored through Texas expungement, nondisclosure, or any other state-level remedy available in Texas.

For active duty military, law enforcement officers, licensed security professionals, hunters, competitive shooters, and anyone whose profession or way of life involves firearms, this consequence alone — separate from any criminal penalties, any court costs, and any probation conditions — can be more devastating than the direct sentence. Understanding exactly what the prohibition covers, why it applies at the misdemeanor level, and what the options are for someone facing this charge is essential information before any plea is entered.

The Federal Firearm Prohibition — The Lautenberg Amendment

The prohibition comes from 18 U.S.C. § 922(g)(9) — commonly called the Lautenberg Amendment after Senator Frank Lautenberg, who sponsored the legislation in 1996. The statute prohibits any person who has been convicted of a misdemeanor crime of domestic violence from shipping, transporting, possessing, or receiving any firearm or ammunition in or affecting interstate commerce. Because virtually every firearm in the United States has at some point traveled in interstate commerce, the prohibition effectively applies to all firearms and ammunition everywhere.

The Lautenberg Amendment defines a misdemeanor crime of domestic violence as a misdemeanor under federal, state, or tribal law 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 who is or was in a specified domestic relationship with the victim — including a current or former spouse, parent, guardian, or person with whom the defendant shares a child, or a person who cohabited with the victim as a spouse, parent, or guardian.

A Class A misdemeanor assault family violence conviction in Texas meets this definition. The offense involves the use of physical force. The relationship between the parties is a domestic one. The conviction is a misdemeanor under state law. All three elements of the federal definition are satisfied — which means the federal prohibition applies automatically upon conviction, without any additional finding or separate proceeding.

Why This Prohibition Cannot Be Removed in Texas

Two of the most common misconceptions about the Lautenberg Amendment prohibition are that Texas expungement removes it and that successfully completing deferred adjudication avoids it.

Texas expungement of a criminal conviction requires a pardon — and family violence convictions are specifically excluded from nondisclosure eligibility under Texas Government Code Section 411.074. Even if a nondisclosure were somehow available for a family violence conviction — which it is not — nondisclosure seals state records from public access but does not affect federal records or federal law. The federal prohibition is a matter of federal law that operates independently of what Texas does with the state criminal record.

Deferred adjudication does not help in the family violence context either. While deferred adjudication technically does not result in a conviction under Texas law, the Lautenberg Amendment prohibits persons who are subject to qualifying domestic violence protective orders — not just those who have been convicted — and Texas courts have found that in some circumstances a deferred adjudication for family violence can trigger federal disability. More significantly, a violation of deferred adjudication conditions and subsequent adjudication to conviction produces a full conviction that clearly triggers the prohibition.

The only federal remedy for a Lautenberg Amendment prohibition is a pardon from the Governor of Texas or the President of the United States, or a federal court determination that the conviction was unconstitutionally obtained. Neither is a realistic remedy for most defendants. There is no administrative process, no waiting period, and no rehabilitation showing that restores firearm rights once the Lautenberg prohibition attaches.

The Consequences for Active Duty Military and Law Enforcement

• For active duty military personnel, the Lautenberg Amendment prohibition produces an immediate career-ending consequence. A servicemember who is convicted of misdemeanor assault family violence is prohibited from possessing a service weapon — which means they cannot perform military duties that require firearms qualification. This triggers administrative separation proceedings that can result in an other than honorable discharge, loss of pension and benefits, and the loss of VA healthcare eligibility.
• For law enforcement officers, the prohibition means they cannot carry a duty weapon. A law enforcement officer who cannot carry a firearm cannot perform law enforcement duties. The consequence is termination of employment in virtually every law enforcement agency in the country.
• For licensed security officers, federal firearms licensees, and anyone in a profession that requires carrying or possessing a firearm, the employment consequence mirrors that of law enforcement — loss of the professional license or position that requires firearm possession.

This is why assault family violence charges — even at the misdemeanor level — demand the same aggressive defense approach as felony charges for anyone whose profession involves firearms. The employment consequence of conviction can exceed the direct criminal penalty by orders of magnitude.

What to Do If You Are Facing Assault Family Violence Charges

Given the permanent and irreversible nature of the Lautenberg Amendment firearm prohibition, the most important defense objective in an assault family violence case for anyone who owns or needs to possess firearms is avoiding conviction entirely. This means challenging the state’s evidence aggressively from the first day — identifying every weakness in the 911 call, the body camera footage, the officer’s observations, and the physical evidence — and pursuing every avenue toward dismissal or a charge reduction to an offense that does not trigger the federal prohibition.

A plea to a lesser offense — one that does not involve the use of physical force against a domestic partner — may preserve firearm rights even when a plea to some charge is ultimately necessary. Obstruction of a highway, for example, does not involve physical force against a domestic partner and does not trigger the Lautenberg Amendment. The specific offense to which a plea is entered in a family violence case matters enormously for anyone whose livelihood depends on firearms possession, and negotiating the right charge reduction requires an attorney who understands both the state criminal law and the federal disability implications of each potential outcome.

If you are facing assault family violence charges in San Antonio or Bexar County and are concerned about the impact on your firearm rights — particularly if you are active duty military, a veteran, a law enforcement officer, or a licensed security professional — call Barton & Associates at 210-500-0000 immediately. Consultations are free, confidential, and available 24 hours a day.