Protective Orders and Firearms in Texas: What the Law Requires

If a Texas court issues a protective order against you, you may be barred from possessing a firearm, and a separate federal ban can apply at the same time. A Texas court can prohibit a person found to have committed family violence from possessing a gun, and it must suspend a license to carry a handgun. Violating the ban can lead to a new criminal charge, on top of the protective order itself.

This guide explains when the firearm restriction applies, how Texas and federal rules fit together, what happens to guns you already own, and what to do in the first days. It is written for both sides: the person who is afraid and wants to know what the order can do, and the person who has been served and wants to avoid a costly mistake.

TL;DR

• A Texas protective order can prohibit the respondent from possessing a firearm, and the court must suspend a license to carry a handgun. Texas Family Code Chapter 85 sets the rules.
• Federal law can independently bar gun possession under a qualifying protection order, with penalties of up to ten years in prison.
• Orders issued in other states are generally enforceable in Texas, and the reverse is also true.
• If you are served with an order, do not guess about your guns. Talk to a Texas family law attorney before you move, sell, or hand over anything.
• If you are seeking protection, ask your attorney to address firearms in your request and in the hearing.

Table of Contents

• When a Texas protective order bars firearm possession
• How federal law adds a second layer
• Federal versus Texas rules at a glance
• What this means for guns you already own
• How long the restriction lasts
• Out-of-state orders and moving between states
• Penalties for violating the firearm restriction
• What we tell clients
• If you are the one seeking protection
• If you are the one served with an order
• Talk to a Texas family law attorney
• FAQ
• Sources

When a Texas protective order bars firearm possession

Texas Family Code Section 85.022 lets a court that issues a protective order prohibit the person found to have committed family violence from possessing a firearm. The only exception written into that provision is for a peace officer actively engaged in employment as a sworn, full-time paid employee of a state agency or political subdivision.

Two points matter here.

1. The restriction is part of the order. The judge decides what the order includes. Read the signed order closely, because the firearm language is spelled out there.
2. Orders carry a warning. Texas protective orders, including temporary ex parte orders, must include a notice that possessing a firearm in violation of the order is unlawful. If you were served, look for that warning on the paperwork.

The same section also requires the court to suspend a license to carry a handgun held by a person found to have committed family violence. That suspension is not optional once the court makes the finding and issues the order.

Temporary orders and final orders

Protective orders in Texas move in stages. A temporary ex parte order can be issued quickly, before the other side has a hearing. A final order follows a hearing. Texas Penal Code Section 46.06 defines an active protective order as one issued under Title 4 of the Family Code that is in effect, and it explicitly excludes temporary protective orders issued before the court holds a hearing.

That does not mean a temporary order is safe to ignore. The order itself can still contain firearm language and a warning, and violating any court order has consequences. It also does not decide the federal question, which has its own test. We explain the stages in more detail in our article on temporary orders versus final orders in Texas family court.

How federal law adds a second layer

Federal law makes it a crime to possess a firearm while subject to a qualifying protection order. This is separate from anything the Texas judge writes. An order can trigger the federal ban even if the Texas order never mentions guns, as long as it meets the statute’s criteria.

According to the ATF’s guidance on protection orders, a qualifying order must meet these conditions:

• It was issued after a hearing where the person had actual notice and an opportunity to participate.
• It either includes a finding that the person is a credible threat to the physical safety of an intimate partner or child, or it explicitly prohibits the use, attempted use, or threatened use of physical force.

The ATF also explains that the ban reaches orders from various courts, including civil courts such as divorce or family courts, when the order meets those criteria. So a protective order issued inside a divorce or custody case can count, not only a stand-alone family violence protective order.

What the Supreme Court said in Rahimi

The federal ban was challenged in Texas. The Fifth Circuit had earlier held that the law, as applied to an individual, does not violate the Second Amendment even without an express finding of future danger, provided the order meets statutory requirements. A later Fifth Circuit ruling went the other way in the Rahimi case. On June 21, 2024, the Supreme Court decided United States v. Rahimi 8 to 1 and held that the federal prohibition is constitutional, reasoning that a person found by a court to pose a credible threat to another’s physical safety may be temporarily disarmed.

For you, the practical point is simple: the federal ban on guns for people under qualifying orders is in force in Texas. Do not plan around an old news story that suggested otherwise.

Federal versus Texas rules at a glance

The federal official-use exemption in 18 U.S.C. § 925(a)(1) covers law enforcement and military personnel on duty, but the Department of Justice notes that it does not apply to the separate prohibition for misdemeanor crimes of domestic violence. If your job involves carrying a firearm, get legal advice before the first day you report to work after being served.

What this means for guns you already own

The restriction covers firearms you already have, not only new purchases. This is where people get into trouble, because the instinct is to hand the guns to a friend, a neighbor, or a relative who lives in the same house.

Before you do anything, consider these steps in order.

1. Read the order. Find the firearm paragraph, any deadline to turn over weapons, and any instructions on who may take them.
2. Stop possessing. Do not carry, handle, or keep firearms within your control, including in a vehicle or at work.
3. Do not transfer on your own. Giving a gun to someone who allows you access to it is not a real transfer. Ask your attorney about a lawful, documented method, such as a licensed dealer, law enforcement storage, or another arrangement the court accepts.
4. Do not buy. Federal law warns that false information on ATF Form 4473 may be the basis for prosecution, and Texas law separately bars a prohibited person from knowingly making a material false statement on a firearm-transfer form submitted to a licensed dealer, as Penal Code Chapter 46 provides.
5. Document what you did. Keep receipts, written acknowledgments, and dates. If someone later alleges a violation, records help your attorney.

If you are the person transferring a gun to someone else, be careful too. The Department of Justice notes that knowledge is a key element when prosecutors charge someone with knowingly transferring a firearm to a prohibited person. Do not hand a firearm to a person you know is under an order.

How long the restriction lasts

The firearm ban lasts as long as the order’s firearm provision does. In Texas, civil protective orders generally run a maximum of two years absent extensions, though 2025 amendments allow longer durations in specific circumstances involving a divorce suit, a parent-child relationship suit, or related criminal offenses involving family violence.

Three practical consequences follow:

• Check the end date on your own order. Do not assume the ban ends when the court date passes or when the other person says it is fine. Only the court can change the order.
• Do not wait for the last day to get your guns back. Ask your attorney how to confirm the order has expired and whether any other restriction applies, such as a conviction.
• A federal ban can outlast a state order. A separate criminal conviction can create its own prohibition. If you are unsure, get advice before you take possession of any firearm.

For a closer look at timing, see our guide on how long Texas protective orders last.

Out-of-state orders and moving between states

Under 18 U.S.C. § 2265, a protection order issued in one state must be given full faith and credit by courts in another state and is enforced as if it were that state’s own order, provided due process was met through notice and an opportunity to be heard. A Texas order can therefore follow you if you move or travel, and an order from another state can be enforced in Texas.

If you carry a firearm across state lines while subject to a qualifying order, you may be violating federal law even if the other state has no gun rule of its own. Get advice before you travel.

Penalties for violating the firearm restriction

The consequences can stack. A person can face:

• Federal charges. Violating the federal prohibition for persons under a qualifying protective order is punishable by up to ten years in prison.
• False statement charges. Lying on a firearm purchase form can lead to additional federal and state charges.
• Texas protective order consequences. Violating a protective order can lead to arrest, criminal charges, and contempt findings. Our article on protective order violations in Texas walks through how charges escalate.

A conviction can also affect custody and divorce outcomes, your job, and your ability to ever own firearms again. This is one of the strongest reasons to ask a lawyer about guns on day one.

What we tell clients

We see the firearm question come up at the worst moment: a person is served at work or at home, still shaken, and has a safe in the garage. The rule we give is plain. Do not improvise.

For a client seeking protection, firearms belong in the conversation early. When there is a history of threats, or when the other person owns weapons, we make sure the request and the hearing preparation address them, and we explain that the judge decides what goes into the order. A clear record of specific threats and incidents helps. Our guide on preparing for the protective order hearing covers how to present that in a short hearing.

For a client who has been served, we look at three things first: what the order actually says, whether the federal ban also applies, and how to put the firearms out of reach in a way that can be documented. We also remind people that complying with the firearm terms is not an admission of anything. It protects the rest of your case, including custody.

We believe clients do better when they know where they stand every day. That means a plain explanation of the order, a written list of what you must and must not do, and a plan for the hearing.

— Giri

If you are the one seeking protection

A protective order is not a guarantee of safety, and the firearm provision works only if it is enforced. Consider these steps:

1. Tell your attorney about every firearm you know of. Include where they are kept and who has access.
2. Describe threats involving weapons in specifics. Dates, words used, and who saw or heard them help the court make findings.
3. Keep the order with you. Carry a copy and give one to your workplace and your children’s school if the order covers them.
4. Call 911 for immediate danger. If the other person has a gun and breaks the order, do not try to handle it on your own.
5. Report violations. Write down the date, time, and what happened, and see our guidance on how law enforcement enforces violations.

Texas does not have a red flag law, which is a separate type of order that lets family members or police petition to remove firearms from a person who is not otherwise subject to a family violence order. The firearm ban discussed here depends on a family violence protective order or another qualifying order, not on a red flag petition.

If you are the one served with an order

Family violence allegations can arise in the middle of a divorce or custody dispute, and an order can be signed after a short hearing. If that is you:

1. Do not contact the protected person unless the order allows it.
2. Follow the firearm paragraph exactly, and do not rely on informal arrangements.
3. Gather evidence quickly. Messages, calendars, witness names, and records help your attorney prepare for the hearing.
4. Attend the hearing. An order entered when you do not appear can be harder to undo.
5. Ask about modification or dismissal later. Your lawyer can explain whether and when that is realistic.

Our practice handles both sides of this situation, including responding to an order against you. Our overview of how protective orders work in Texas explains how orders are requested and what they do.

Talk to a Texas family law attorney

The Law Office of Anna Din represents parents and spouses in The Woodlands, Houston, and surrounding Texas communities in family violence protective order cases, including emergency (ex parte) orders, responding to an order against you, and orders that arise in divorce and custody cases. If a firearm question is part of your situation, bring a copy of the order, the date you were served, and a list of the firearms involved, and we can go through your options. Start with our protective order practice page or reach us through our home page.

FAQ

Can a Texas judge take away my handgun license in a protective order?

Yes. When a court issues a protective order against a person found to have committed family violence, Section 85.022 requires the court to suspend that person’s license to carry a handgun. The firearm possession ban is added at the judge’s discretion based on the findings.

Does a temporary ex parte order ban me from having guns?

It can contain firearm language and must carry a warning that possession is unlawful. Texas Penal Code Section 46.06 excludes temporary orders issued before a hearing from its definition of an active protective order, but you should still follow the order and ask a lawyer how both state and federal rules apply to you.

Is there an exception for police officers or military members?

Texas provides a narrow exception for peace officers actively engaged in qualifying employment. Federal official-use exemptions exist but do not cover the separate ban tied to misdemeanor crimes of domestic violence. Ask an attorney before you return to duty.

Does my Texas order apply if I move to another state?

Likely yes. Federal law requires other states to give full faith and credit to a protection order that met due process, so a Texas order can be enforced elsewhere. The same rule means out-of-state orders can be enforced in Texas.

Can I get my guns back when the order ends?

Often, but not automatically. Confirm the order’s end date, check for extensions or other prohibitions such as a conviction, and ask your attorney before taking any firearm back.

Sources

• Texas Family Code Chapter 85, Issuance of Protective Order
• Texas Family Code Chapter 85 (statutes.capitol.texas.gov)
• Texas Penal Code Chapter 46
• U.S. Department of Justice, Northern District of Texas guidance
• ATF, Protection Orders and Federal Firearms Prohibitions
• ATF, Protection Orders and Federal Firearms Prohibitions (penalties and Form 4473)
• American Bar Association, Domestic Violence Civil Protective Order Statutes in 2025
• Fifth Circuit opinion on 18 U.S.C. § 922(g)(8)
• Everytown, United States v. Rahimi

Recommended

• Protective Order in Texas: How to Get One and What It Does
• Protective Order Violation in Texas: What You Must Know