Protective Orders and Firearm Restrictions in Texas
Why this matters right now
If a Texas court issues a protective order against you—or you even think one might be coming—your gun rights can change overnight. Both Texas law and federal law restrict firearm possession for people under certain protective orders, and violating those rules can land you in felony territory. In this post you’ll learn exactly which orders trigger gun prohibitions, how the rules differ under state and federal law, what happens with temporary and emergency orders, how “out-of-state” orders are treated, what penalties look like, and the smart steps to protect yourself and your case.
Quick definitions: what counts as a “protective order” in Texas?
Protective orders come from a few different places in Texas law:
- Final Family Violence Protective Orders (Texas Family Code ch. 85). A judge can include a term that prohibits firearm possession and must suspend any License to Carry during the order’s life. See §85.022(b)(6) & (d). Read the statute text in the Requirements of Order section here: Texas Family Code §85.022. (This is where the “no guns” line you see printed on orders comes from.) Texas Family Code §85.022.
- Temporary Ex Parte Protective Orders (Family Code ch. 83). These can be issued without notice and hearingfor short periods (typically up to 20 days, extendable). They’re enforceable like a final order and usually carry the printed firearm warning, but they raise special federal-law questions (more below). Family Code ch. 83.
- Magistrate’s Orders for Emergency Protection (MOEP) (Code of Criminal Procedure art. 17.292). Often issued right after an arrest in a family-violence, sexual-assault, or stalking case. Violations are criminally enforceable. CCP art. 17.292.
- Protective orders for sexual assault, stalking, or trafficking (Code of Criminal Procedure ch. 7B). These are criminally enforceable orders even if no case is filed. CCP ch. 7B (Subchapter A) (overview page).
- Foreign (out-of-state) orders recognized in Texas under the Uniform Interstate Enforcement of Domestic Violence Protection Orders Act (Family Code ch. 88). Family Code ch. 88.
Federal law: when does a protective order trigger a federal gun ban?
Under 18 U.S.C. § 922(g)(8), a person may not possess, receive, ship, or transport a firearm or ammunition while they are subject to a certain kind of protective order. But the federal definition is specific. The order must:
- Be issued after notice and an opportunity to be heard (i.e., not just an ex parte order), and
- Restrain the person from harassing, stalking, or threatening an intimate partner or their child, and
- Include specific findings that the person poses a credible threat, or explicitly bar the use, attempted use, or threatened use of physical force.
You can read §922(g) here: 18 U.S.C. §922(g).
The Supreme Court has weighed in (and it matters in Texas)
In United States v. Rahimi (June 21, 2024), the U.S. Supreme Court upheld §922(g)(8) against a Second Amendment challenge, holding that temporarily disarming individuals found by a court to pose a credible threat is constitutional. For Texans (in the Fifth Circuit), this settled a period of uncertainty and re-affirmed the federal prohibition for qualifying orders. Read the Supreme Court’s opinion: United States v. Rahimi (2024). See also summaries from reliable outlets: Congressional Research Service brief and coverage from Reuters.
Bottom line (federal): If your order had a hearing and meets the statutory criteria, you are federally prohibited from possessing or receiving guns or ammunition while the order is in effect. Temporary ex parte orders usually don’t qualify under federal law because there’s no notice/opportunity to be heard yet. (Texas state law may still restrict you—keep reading.) Helpful overview: ATF guidance on protection orders & federal firearms prohibitions.
Texas state law: what changes the moment you’re served