Dallas Family Violence

Can You Possess a Weapon While a Family Violence Charge Is Pending in Dallas?

Facing a family violence charge in Dallas can be stressful and confusing. One of the biggest questions we hear at Texas Defenders is: "Can I still have a gun or weapon while my case is pending?" The short answer: no, you cannot. And if you do, you could face even more serious consequences.

In this post, we'll break down what happens to your gun rights after a family violence arrest, why Dallas County courts take these cases so seriously, and how you can protect yourself if you're charged with a family violence crime.

Understanding Family Violence Charges in Dallas

Under Texas law, "family violence" includes assaults or threats against:

• A spouse or former spouse

• A person you are dating or have dated

• A family member (blood relatives, in-laws, adopted family)

• A household member (someone you live with)

In Dallas County, even a Class A misdemeanor family violence charge can have serious consequences, even before you're ever convicted.

Gun Restrictions While Charges Are Pending

When you are charged with a family violence offense in Dallas County, Texas law automatically restricts your ability to possess firearms. Under Texas Penal Code §46.04, a person who is under indictment for a felony or a Class A misdemeanor involving family violence is prohibited from possessing a firearm.

If you are caught with a weapon while charges are pending, you could face additional state charges for unlawful possession of a firearm. This can make your situation far worse and lead to:

• A New State Charge for "Unlawful Possession of a Firearm"

• Higher Bond or Bond Revocation (meaning you could be taken back into custody)

• Negative Impact on Your Pending Family Violence Case (prosecutors will argue you are a danger to the community)

These consequences are often worse than the original charge itself.

Important: Even if you had the weapon legally before your arrest — a concealed carry permit, for example — Texas law suspends your right to possess it while your case is pending.

Common Situations We See in Dallas

At Texas Defenders, we've seen many cases where a client gets into trouble for a weapon they forgot they had, such as:

• A hunting rifle in the trunk of a car

• A handgun in a nightstand drawer

• Ammunition found during a search of the home

Bottom line: If you are arrested for family violence in Dallas, you need to remove any weapons and ammunition from your home, vehicle, and personal belongings immediately. Give them to a trusted friend or family member who is legally allowed to possess them.

What Happens After the Case Is Resolved?

If your family violence case is dismissed or you are found not guilty, you can generally get your gun rights reinstated. However, if you plead guilty, accept a plea deal, or are found guilty, you could face a permanent restriction on your gun rights under Texas law.

This is why it is critical to fight these charges aggressively and to hire an experienced Dallas criminal defense attorney.

Learn more about the Texas criminal case process here.

How Texas Defenders Can Help

At Texas Defenders, our Dallas criminal defense team understands how to defend family violence cases. We:

• Move quickly to protect your rights

• Fight for dismissals or reductions to non-family-violence charges

• Guide you through the court process with clear communication

Our goal is to minimize the consequences to your life, your record, and your rights.

If you are facing a family violence charge in Dallas County, Tarrant County, or Collin County, call us immediately at 214-306-9696. Early action can make a huge difference in your case.

Key Takeaways:

• After a family violence arrest in Dallas, you are usually prohibited from having a weapon until your case is resolved.

• Violating this restriction can lead to new criminal charges and serious consequences.

• Even before a conviction, restrictions apply based on Texas law.

• You need a knowledgeable Dallas criminal defense lawyer to protect your rights and fight your case.

Don't risk your freedom and your future. Contact Texas Defenders today.