How an Assault Conviction Affects Gun Ownership in Texas

A man in his Texas home looking thoughtfully at a locked gun case with legal documents nearby, symbolizing the loss of firearm rights after an assault conviction and the importance of speaking with a lawyer near you.

How an Assault Conviction Affects Gun Ownership in Texas

For many Texans, the right to own and carry a firearm is more than just a legal privilege—it’s part of everyday life. But if you’ve been convicted of assault, you may be surprised to learn that your Second Amendment rights could be restricted or permanently revoked under both Texas and federal law.

Whether your charge is a misdemeanor or a felony, an assault conviction can have serious consequences for your gun rights. These restrictions apply even if you never went to prison and even if the alleged victim doesn’t want to press charges.

In this guide, we’ll explain:

  • How assault charges affect your right to own, possess, or carry a firearm

  • The difference between misdemeanor and felony consequences

  • The impact of a family violence finding

  • Whether probation or deferred adjudication protects your rights

  • How Texas and federal law interact

  • What you can do if your rights are at risk

Let’s break it down.

Gun Rights and Assault Convictions: The Big Picture

Texas law and federal law both restrict gun ownership for people convicted of certain crimes. Assault falls under that umbrella—especially when it involves:

  • A family member, spouse, or romantic partner

  • A deadly weapon

  • A felony conviction of any kind

Even first-time offenders who receive probation or deferred adjudication can lose gun rights if the case involves family violence.

Federal Law: The Lautenberg Amendment

Under the Lautenberg Amendment to the federal Gun Control Act (18 U.S.C. § 922), anyone convicted of a misdemeanor crime of domestic violence is prohibited from:

  • Owning a firearm

  • Possessing a firearm

  • Shipping or receiving firearms or ammunition

  • Using a firearm for employment (e.g., military, law enforcement, security)

This applies for life, unless your conviction is overturned or expunged—and Texas does not allow expungement for family violence convictions.

Texas Law: Restrictions Under State Statutes

Under Texas Penal Code §46.04, it’s illegal for someone to possess a firearm if they have been:

  • Convicted of a felony (at any time)

  • Convicted of a Class A misdemeanor involving family violence

A person may not possess a firearm for five years after completing:

  • Their sentence (including jail or probation), or

  • Deferred adjudication (if a final conviction was entered)

After five years, state law may allow firearm possession only at the person’s home, but federal law may still ban possession entirely.

Assault Convictions That Affect Gun Rights

Here’s how different types of assault charges can impact your ability to own or carry a firearm:

Class A Misdemeanor Assault (Family Violence)

  • Permanent loss of gun rights under federal law

  • Applies even if you received deferred adjudication

  • Cannot be sealed or expunged

Class A Misdemeanor Assault (Not Family Violence)

  • May result in a 5-year gun ban under Texas law if convicted

  • Does not automatically trigger federal restrictions (unless the victim was a domestic partner)

Felony Assault (Any Type)

  • Permanent loss of gun rights under both Texas and federal law

  • Includes aggravated assault, assault with a deadly weapon, and repeat family violence

  • Possession of a firearm by a felon is a third-degree felony in Texas

Learn more in: Felony Assault Sentencing Guidelines in Texas (3rd and 2nd-Degree Felonies)

What About Deferred Adjudication?

Many people think that accepting deferred adjudication will protect their rights. Unfortunately, that’s not always the case.

Deferred Adjudication + Family Violence = No Gun Rights

Even if:

  • You’re never “officially” convicted

  • You complete probation successfully

  • Your case is dismissed

The court’s finding of family violence makes you ineligible to possess firearms under federal law. This restriction is permanent.

See more in: Can You Get Probation for Assault in Galveston County? (Straight vs. Deferred)

Protective Orders and Gun Possession

In addition to convictions, if a protective order is issued against you—even temporarily—you may be:

  • Ordered to surrender all firearms

  • Barred from purchasing or possessing guns while the order is active

This can happen:

  • As a bond condition

  • As part of a final protective order

  • During the course of an ongoing case

Violating this restriction is a criminal offense and may lead to additional charges or jail time

Real-Life Scenarios

Example 1: First-Time Misdemeanor Family Violence

A man is charged with pushing his girlfriend during an argument. He accepts deferred adjudication. Even though he never goes to jail, the court enters a family violence finding.

Outcome: He permanently loses his right to possess firearms under federal law.

Example 2: Class A Misdemeanor (Non-Domestic)

A woman slaps a coworker during a dispute. She’s convicted of Class A assault, but no family relationship is involved.

Outcome: 5-year gun ban under Texas law; no federal restriction.

Example 3: Felony Aggravated Assault

A man is convicted of aggravated assault with a deadly weapon. He serves 4 years in prison.

Outcome: Permanent loss of firearm rights under both Texas and federal law.

Can I Ever Get My Gun Rights Back?

It’s extremely difficult—and in many cases, impossible.

In Texas:

  • You may be able to possess a firearm in your home only after 5 years from completing your sentence (for non-felony, non-family violence cases)

  • There is no process to restore gun rights after a felony or domestic violence conviction

Under Federal Law:

  • There is no path to restore firearm rights for domestic violence convictions under current federal law

  • Federal restoration requires a presidential pardon or expungement, neither of which are easily obtained

If you’re facing an assault charge, your best chance to preserve your gun rights is to avoid a conviction altogether

How a Criminal Defense Lawyer Near You Can Help

Your firearm rights may be at stake even if:

  • You were never convicted

  • You pled to probation or deferred adjudication

  • The assault charge involved a minor incident

At the Law Office of JL Carpenter, we help clients in Harris County and Galveston County avoid unintended consequences like losing their right to own or carry a firearm. JL is a former felony prosecutor, so she knows how to challenge the state’s case—and protect your constitutional rights.

We’ll assess:

  • Whether your case involves a family violence finding

  • If deferred adjudication will protect or harm your rights

  • What strategies to pursue to avoid conviction entirely

Call (713) 201-6767 or visit https://www.jlcarpenterlaw.com/contact/ for a private consultation with a respected lawyer near you who understands how to fight for your future.