I am a victim of domestic violence and the abuser has a gun. Is that legal?
It depends. If you have a protective order, it may be illegal for the abuser to have a gun. When the judge believes that the abuser committed family violence, the judge can prohibit the abuser from possessing a firearm as part of your protective order. The judge is also supposed to suspend a person’s license to carry a concealed handgun if the judge finds that the person committed family violence.1 However, if the abuser is a peace officer who is currently employed as a sworn, full-time paid employee of a state agency or political subdivision, the judge cannot prohibit him/her from having a firearm.2
Also, federal laws, which apply to all states, restrict a person’s right to have a gun under certain circumstances such as when the abuser has been convicted of certain domestic violence-related crimes or if you have an order of protection against the abuser that meets certain requirements. Go to Federal Gun Laws to get more information.
1 Tex. Family Code § 85.022(d)
2 Tex. Family Code § 85.022(b)(6)