How Protective Orders Affect Your Firearm Rights

A Beginner’s Guide to Understanding Gun Ownership Restrictions in Texas Protective Order Cases

If you’ve been served with a protective order in Texas, you may be surprised to learn that one of the most immediate consequences is the loss of your right to own, possess, or purchase firearms — even before you’ve been convicted of a crime. Whether the protective order is related to assault, family violence, or stalking, firearm restrictions are automatic and strictly enforced.

Violating these firearm restrictions can lead to felony charges under federal law, permanent loss of your gun rights, and serious legal consequences — even if the protective order was based on a misunderstanding or temporary allegation.

In this post, we’ll walk you through how protective orders affect your Second Amendment rights in Texas, which laws apply, and how a criminal defense attorney near you can help you avoid unintended violations.

What Happens to Your Gun Rights When a Protective Order Is Issued?

Once a protective order is issued against you — whether temporary or final — you are typically prohibited from possessing, transferring, or purchasing firearms or ammunition.

The restriction applies even if the order is civil in nature, and even if you’ve never been convicted of a crime.

This restriction stems from:

• Texas Family Code § 85.026
• Texas Penal Code § 46.04(c)
• Federal Gun Control Act (18 U.S.C. § 922(g)(8))

See: What Is a Protective Order and When Is It Issued?

Which Types of Protective Orders Trigger Firearm Restrictions?

1. Temporary Ex Parte Protective Orders

May include firearm bans if specifically ordered by the court.

2. Final Protective Orders

Automatically trigger firearm restrictions once issued after a hearing — no special language is needed.

3. Emergency Protective Orders (MOEPs)

Can include explicit firearm prohibitions, especially if a deadly weapon was allegedly used during the assault.

See: Emergency Protective Orders After an Assault Arrest

Do You Have to Surrender Your Firearms?

Yes. The court may order you to:

• Surrender all firearms and ammunition to law enforcement
• Provide documentation of compliance
• Refrain from purchasing new firearms while the order is in effect

Failing to do so is a separate criminal offense, punishable under Texas law and federal statutes.

Can You Be Arrested for Possessing a Firearm While Under a Protective Order?

Yes. Violating a firearm restriction is treated as a criminal offense — even if you didn’t realize you were violating the order.

Under Texas Law:

• Possession of a firearm while subject to a protective order is a Class A misdemeanor under Penal Code § 46.04(c)
• Punishable by up to 1 year in jail and a $4,000 fine

Under Federal Law:

• Possession of a firearm while subject to a qualifying protective order is a felony under 18 U.S.C. § 922(g)(8)
• Punishable by up to 10 years in federal prison

A single misstep — such as leaving a gun in your car or forgetting to remove a firearm from your home — can lead to a felony arrest and federal prosecution.

What Is a “Qualifying” Protective Order Under Federal Law?

Under federal law, a protective order triggers a firearm prohibition if it:

• Was issued after a court hearing where you had notice and the opportunity to appear
• Protects an intimate partner, spouse, co-parent, or cohabitant
• Includes specific findings that violence, threats, or harassment occurred or are likely to occur

That means even if your Texas protective order doesn’t mention firearms, you may still be prohibited under federal law.

How Long Do These Restrictions Last?

• For MOEPs or temporary orders: Until the order expires (usually 31–91 days)
• For final protective orders: Until the order is vacated or expires (usually up to 2 years)
• Under federal law: The restriction lasts as long as the order remains active

If you violate the order during this time, the clock resets — and your legal exposure increases.

Can You Ever Get Your Gun Rights Back?

Sometimes. Your criminal defense attorney near you may be able to:

• Challenge the protective order before it becomes final
• Request modification to remove firearm prohibitions
• Seek early termination of the order in appropriate cases
• Restore your rights after order expiration (state law)

See: How to Challenge a Protective Order in Texas Court

What If You’re a Law Enforcement Officer or Armed Professional?

If you work in law enforcement, security, military, or any field that requires firearm access, a protective order can jeopardize your career. You may be placed on administrative leave, lose certification, or face termination — even before your case is resolved.

Your lawyer near you may need to:

• File emergency motions to modify firearm restrictions
• Work with your employer or licensing agency
• Pursue dismissal or negotiated resolutions to protect your career

Final Thoughts: Don’t Let a Protective Order Cost You Your Rights

Many people don’t realize how quickly a protective order can result in firearm disqualification under both Texas and federal law — or how easy it is to violate these restrictions accidentally. The consequences are serious, and the criminal penalties can be life-altering.

If you’ve been served with a protective order or believe one may be issued, contact a criminal defense attorney near you immediately. A knowledgeable attorney can challenge the order, protect your rights, and keep you from facing new charges.

Call Walker Law Office today at (713) 228-2611 or visit https://www.walkerlawhouston.com/contact/ to speak with a lawyer near you about how to protect your Second Amendment rights when facing a protective order in Texas.

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