Texas
Texas Restraining Order Laws (2026): How to Get a Protective Order
Independently fact-checked against primary sources (last audited August 17, 2026). · Reviewed by the RecordingLaw editorial team. · Law checked current as of August 17, 2026. · 3 primary sources cited on this page. How we verify our legal content
In Texas, a Protective Order is available to victims of family violence, sexual assault, stalking, and trafficking. A final civil Protective Order typically lasts up to two years, and in defined circumstances a court may order a longer term, up to the lifetimes of the parties.
If you are in immediate danger, call 911. For confidential help 24/7, contact the National Domestic Violence Hotline at 1-800-799-7233 (text START to 88788).
Types of protective orders in Texas
Texas offers two main civil tools for people who face threats or violence.
The civil Protective Order is filed in district or county court, but two different statutes supply it. For family violence, the governing law is Title 4 of the Texas Family Code (Chapters 71 to 92), and it covers family members, household members, and current and former dating and sexual partners. For sexual assault, stalking, and human trafficking, the governing law is Chapter 7B of the Texas Code of Criminal Procedure, which has no relationship requirement at all. The prosecutor (DA or county or city attorney) may apply on a victim's behalf, and victims may also apply directly.
The Magistrate's Order of Emergency Protection (MOEP), also called an EPO, comes out of the criminal case. It is not automatic. Under Tex. Code Crim. Proc. Art. 17.292(a), when a defendant appears before a magistrate after an arrest for family violence, trafficking, sexual assault, or stalking, the magistrate may issue the order on the magistrate's own motion or at the request of the victim, the victim's guardian, a peace officer, or the prosecutor. Issuance is mandatory only under Art. 17.292(b), and only for a family violence arrest that also involved serious bodily injury to the victim or the use or exhibition of a deadly weapon during an assault. For a sexual assault, stalking, or trafficking arrest without one of those aggravating facts, there is no duty to issue one at all. Ask for it rather than assuming you have it, and do not treat it as a reason to skip the civil Protective Order. The victim does not need to be present for the order to issue.
These two tracks work together. A victim may have both a MOEP in place from the criminal case and a civil Protective Order from family court at the same time.
Who can get a protective order in Texas?
The family violence Protective Order requires a qualifying relationship with the respondent.
Qualifying relationships include:
- Current or former spouses
- Persons related by blood, marriage, or adoption (family members)
- Current or former household members
- Current or former dating or sexual partners
- Foster parents and foster children
If you are a victim of sexual assault, stalking, or human trafficking, you may apply for a Protective Order in Texas without any prior relationship with the person who harmed you. That order comes from a different statute. Tex. Code Crim. Proc. Art. 7B.001(a) lets a victim of a listed offense apply without regard to the relationship between the applicant and the alleged offender. The listed offenses include trafficking (Penal Code 20A.02, 20A.03), continuous sexual abuse of a young child (21.02), indecency with a child (21.11), sexual assault and aggravated sexual assault (22.011, 22.012, 22.021), stalking (42.072), compelling prostitution (43.05), and certain aggravated burglaries under 30.02. Because a different statute governs, the duration rules described below are different too.
Parents or prosecutors may seek a Protective Order on behalf of a minor child. There is no residency requirement tied to how long you have lived in Texas before you may file.
How to file for a protective order in Texas
You file a petition in district or county court in the county where you live, where the respondent lives, or where the family violence took place. Your local district attorney's office, county attorney's office, or city attorney's office can file the petition on your behalf at no cost, which is the most common path for family violence cases.
You may also file on your own. Court clerks can point you toward the forms, and many counties have family violence self-help centers staffed by court personnel who can help you complete the paperwork. Local domestic violence advocates and legal aid organizations also assist petitioners at no charge.
Filing is free. Federal VAWA law bars courts from charging a filing fee or service fee for a domestic violence Protective Order. The Family Code also bars the filing fee for the protective order petition itself.
When you file, you describe the abuse and ask the court for relief. A judge may issue a temporary ex parte order the same day if the facts show immediate danger.
Temporary vs. final orders: how long they last
Texas uses a layered system that gives victims protection at each stage.
| Order | How long it lasts |
|---|---|
| Temporary ex parte Protective Order | Up to 20 days, extendable in additional 20-day periods |
| MOEP (issued at arrest) | 61 to 91 days standard; 91 to 121 days if a deadly weapon was involved |
| Final Protective Order | Up to 2 years standard |
| Order longer than 2 years | Family violence: allowed on defined findings, and the respondent may ask for review at the first anniversary. Chapter 7B: allowed for the lives of the parties, and required for a life-registration sex offender |
A temporary ex parte order is issued without notifying the respondent, based on your sworn statement alone. It lasts up to 20 days and may be extended for additional 20-day periods on the applicant's request or on the court's own motion (Tex. Fam. Code 83.002(b)). During those 20 days, a hearing is scheduled at which the respondent has the right to appear.
A MOEP is separate from the civil process. The magistrate may issue it when the defendant first appears after a qualifying arrest, and must issue it only in the aggravated family violence situations described above. The victim does not need to appear in court for a MOEP to issue. It is a short bridge of protection, not a substitute for a civil Protective Order, and it expires on the schedule in the table above whether or not the criminal case is finished.
A final Protective Order is issued after a hearing at which both parties have notice and can present their positions. The standard duration is up to two years.
For protection beyond two years, the test depends on which statute governs your case.
In a family violence case, Tex. Fam. Code 85.025(a-1) lets the court order a period longer than two years when it finds that: (1) the respondent caused serious bodily injury to the petitioner or a member of the petitioner's family or household, (2) the respondent committed an act constituting a felony offense involving family violence (a conviction is not required; the court need only find that such an act occurred), or (3) the respondent was previously subject to two or more Protective Orders involving the same petitioner. What the statute authorizes is a term exceeding two years, which is not the same thing as a permanent order. Under 85.025(b) and (b-1), the person subject to that order may move for review at the first anniversary and once more after that, and the order continues unless the court finds there is no continuing need for it. If you are asking for that longer term, ask a Texas family lawyer for a free case evaluation on building the record for one of the three findings (attorney advertising).
In a sexual assault, stalking, or trafficking case under Chapter 7B, none of those three findings is required. Art. 7B.007(a) allows an order effective for the lives of the offender and the victim, or any shorter period the order states, and an order that states no period runs until the second anniversary. Art. 7B.007(a-1) goes further and requires a lifetime order when the offender is convicted of, or placed on deferred adjudication community supervision for, a listed offense and must register for life as a sex offender under Chapter 62.
Firearms and a Texas protective order
Texas does not take the guns. There is no firearm surrender or relinquishment procedure in the Texas protective order statutes, and no one will collect the respondent's firearms as a matter of course. Plan around that fact rather than assuming it away.
What Texas law does instead is make possession a crime. Possessing a firearm while subject to a qualifying Protective Order is a Class A misdemeanor under Tex. Pen. Code 46.04(c), punishable by up to one year in jail and a fine of up to $4,000, once the respondent has been served with or otherwise has notice of the order.
The order itself can also carry an express firearm condition. Tex. Fam. Code 85.022(b)(6) lets the court prohibit a person found to have committed family violence from possessing a firearm, with a carve-out for a peace officer actively engaged in employment as a sworn, full-time paid employee of a state agency or political subdivision. That condition is discretionary, so ask the court for it. Tex. Fam. Code 85.022(d) does require the court to suspend any handgun license the respondent holds, which is a license suspension and not a seizure of weapons.
In addition, a qualifying final Protective Order after notice and a hearing triggers the federal firearm ban at 18 U.S.C. 922(g)(8). Under that federal law, a person subject to such an order may not possess any firearm or ammunition. This is a federal prohibition that applies independently of state law.
The MOEP can carry a firearm condition too. Under Art. 17.292(c)(4), the magistrate may prohibit the arrested party from possessing a firearm, subject to the same on-duty peace officer exception. There is no danger finding in the statute, and no surrender requirement here either. Art. 17.292(l) does impose one mandatory step: in the order for emergency protection, the magistrate shall suspend any handgun license the defendant holds.
If the respondent possesses a firearm while the order is in effect, that is a crime you can report. Contact local law enforcement, and tell your advocate or the prosecutor handling the case. A firearms violation can be investigated and prosecuted separately from a violation of the order's other conditions. Because Texas has no mechanism to collect the weapons, treat continued access to firearms as a live factor in your safety plan rather than a problem the order solved.
What happens if someone violates the order?
Violating a Texas Protective Order is a separate criminal offense under Tex. Pen. Code 25.07.
A first violation is a Class A misdemeanor, punishable by up to one year in county jail and a fine of up to $4,000. The offense escalates to a state jail felony if the defendant violated the order while possessing a deadly weapon, or violated a protective order issued after a conviction or deferred adjudication that concerned the same victim. It escalates further to a third-degree felony carrying two to ten years in state prison if (1) the violation involves conduct that constitutes stalking or assault, or (2) the defendant has two or more prior convictions for violating a protective order or bond condition under Tex. Pen. Code 25.07 or 25.072. A single prior conviction alone does not trigger the third-degree felony enhancement; two or more are required when the current violation does not involve stalking or assault.
Police officers in Texas may arrest a person without a warrant on probable cause that the person has violated a Protective Order. You do not need to wait for an arrest warrant.
If the respondent violates the order, the recommended steps are to call 911 immediately, leave if it is safe to do so, and report the violation to the police as soon as possible. Keep a record of any violations, including dates, times, and what happened. A violation can also be reported to the prosecutor who handled your original case, and the court can address it through both a criminal prosecution and contempt proceedings.
Violations involving a MOEP are handled in the criminal court that issued it, typically by the prosecutor pursuing additional charges or bail revocation.
This article is general legal information, not legal advice, and it is not a safety plan. Protective-order rules vary by state and change. If you are in danger, call 911. For help with your specific situation, contact your local court's self-help center, a domestic-violence advocate, or a licensed attorney.
Related pages: Restraining Order Laws by State | Texas Self-Defense Laws | Texas Recording Laws
More Texas Laws
Frequently Asked Questions
How do I get a restraining order in Texas?
File a Protective Order petition in district or county court in the county where you live, where the respondent lives, or where the abuse occurred. Your local district attorney or county attorney can file on your behalf for free. Court self-help centers and local domestic violence advocates can also help you complete the forms. A judge may issue a temporary ex parte order the same day if you show immediate danger.
How long does a restraining order last in Texas?
A temporary ex parte order lasts up to 20 days. A Magistrate's Order of Emergency Protection issued at arrest lasts 61 to 91 days (or 91 to 121 days if a deadly weapon was used). A standard final Protective Order lasts up to 2 years. In a family violence case, Tex. Fam. Code 85.025(a-1) lets the court order a longer term when the respondent caused serious bodily injury, committed an act constituting a felony family violence offense (a conviction is not required), or was previously subject to two or more protective orders involving the same petitioner, and the respondent may ask the court to review that order at the first anniversary. In a sexual assault, stalking, or trafficking case under Tex. Code Crim. Proc. Art. 7B.007, an order may run for the lives of the parties without any of those findings, and a lifetime order is required when the offender is convicted or placed on deferred adjudication for a listed offense and must register for life as a sex offender.
How much does a restraining order cost in Texas?
Filing is free. Federal VAWA law prohibits courts from charging a filing fee or service fee for a domestic violence Protective Order. There is no cost to the petitioner to apply.
Can I get a restraining order without a police report?
Yes. You do not need a police report to file for a civil Protective Order in Texas. You file a sworn petition describing the abuse, and the court decides whether to issue a temporary order based on that. A police report can be helpful supporting evidence but is not a prerequisite.
Does a restraining order take away gun rights in Texas?
It restricts them, but Texas does not take them. There is no firearm surrender or relinquishment procedure in Texas, so nobody collects the respondent's guns. Possessing a firearm while subject to a qualifying Protective Order is a Class A misdemeanor under Tex. Pen. Code 46.04(c); the court may write an express firearm prohibition into the order under Tex. Fam. Code 85.022(b)(6), with an exception for on-duty peace officers, and must suspend any handgun license the respondent holds. A qualifying final Protective Order also triggers the federal ban at 18 U.S.C. 922(g)(8), which prohibits possessing any firearm or ammunition.
What happens if the abuser violates the order?
Violating a Texas Protective Order is a Class A misdemeanor for a first offense (up to 1 year jail and $4,000 fine). It escalates to a state jail felony if the violation was committed while the defendant possessed a deadly weapon, or involved a protective order issued after a conviction tied to the same victim. It becomes a third-degree felony (2 to 10 years prison) if the violation involves stalking or assault, or if the defendant has two or more prior convictions for protective order violations under Tex. Pen. Code 25.07. A single prior conviction alone does not make every subsequent violation a felony. Police can arrest without a warrant on probable cause. If the order is violated, call 911 immediately and report the violation to police.
What is the difference between a restraining order and a Protective Order in Texas?
In Texas, the formal name for the civil court order is a Protective Order. The term 'restraining order' is commonly used by the public but is not the statutory term. The Magistrate's Order of Emergency Protection (MOEP) is a separate order that a magistrate may issue when the defendant first appears after arrest for certain offenses; it is not a civil Protective Order but serves a similar protective function for a limited period while the criminal case proceeds.
Updates
Corrected the firearms section: Texas has no firearm surrender requirement, so the page now explains the criminal possession ban, the discretionary court-ordered prohibition, and the mandatory handgun license suspension; clarified that a Magistrate's Order of Emergency Protection is discretionary except in aggravated family violence arrests; and separated the sexual assault, stalking, and trafficking protective order track under Code of Criminal Procedure Chapter 7B, which has its own duration rules.
Corrected the description of Texas protective-order violation penalties: Tex. Pen. Code 25.07 has three tiers (misdemeanor, state jail felony, third-degree felony), not two; the page previously omitted the state jail felony tier that applies to deadly-weapon violations or violations of a post-conviction order.
Independently fact-checked against the cited primary sources; governing law re-checked for recent changes
Governing law re-checked for recent changes
Corrected the Magistrate's Order of Emergency Protection (MOEP) duration under Tex. Code Crim. Proc. Art. 17.292: standard MOEPs run 61-91 days and deadly-weapon MOEPs run 91-121 days, not the understated 31-61/up-to-91 figures previously shown.
Governing law re-checked for recent changes
Reviewed and approved by an editor
The Law Behind This Article
This article rests on the statutory provisions below, held in our own legal record and retrieved from the official source. Tap a section to read the operative text.
Texas Family Code
§ 81.001ENTITLEMENT TO PROTECTIVE ORDERIn force
A court shall render a protective order as provided by Section 85.001(b) if the court finds that family violence has occurred.
Official text (excerpt) · last checked 2026-09-14 · Read the full text in our law library · Verify at statutes.capitol.texas.gov
§ 85.025DURATION OF PROTECTIVE ORDERIn force
(a) Except as otherwise provided by this section, an order under this subtitle is effective: (1) for the period stated in the order, not to exceed two years; or (2) if a period is not stated in the order, until the second anniversary of the date the order was issued. (a-1) The court may render a protective order sufficient to protect the applicant and members of the applicant's family or household that is effective for a period that exceeds two years if the court finds that the person who is the subject of the protective order: (1) committed an act constituting a felony offense involving family violence against the applicant or a member of the applicant's family or household, regardless of whether the person has been charged with or convicted of the offense; (2) caused serious bodily injury to the applicant or a member of the applicant's family or household; or (3) was the subject of two or more previous protective orders rendered: (A) to protect the person on whose behalf the current protective order is sought; and (B) after a finding by the court that the subject of the protective order has committed family violence.
Official text (excerpt) · last checked 2026-07-28 · Read the full text in our law library · Verify at statutes.capitol.texas.gov
Cited in 40 court opinions in our collectionLatest citing opinion in our collection: 2026
Opinions citing this section in our collection:
- B.C. v. Rhodes Ex Rel. T.L.R. (Texas Court of Appeals, 3rd District (Austin) 2003, 116 S.W.3d 878)“…d stated in the order, which cannot exceed two years. See Tex. Fam.Code Ann. § 85.025(a)(1) (West 2002). Such orders are vali…”
- Pena v. Garza (Texas Court of Appeals, 4th District (San Antonio) 2001, 61 S.W.3d 529)“…1997 Tex. Gen. Laws 85 (amended 1999) (current version at Tex. Fam.Code Ann. § 85.025 (Vernon 2000)). Now, the duration of a…”
- Christine Lenore Stary v. Brady Neal Ethridge (Texas Supreme Court 2025)“…es heightened protection. 41 A heightened 38 See Tex. Fam. Code § 85.025(b)–(b-2) (allowing a person subject to…”
Identified automatically from the court opinions citing this section — not a ranking of which case controls.
§ 85.022REQUIREMENTS OF ORDER APPLYING TO PERSON WHO COMMITTED FAMILY VIOLENCEIn force
(a) In a protective order, the court may order the person found to have committed family violence to perform acts specified by the court that the court determines are necessary or appropriate to prevent or reduce the likelihood of family violence and may order that person to: (1) complete a battering intervention and prevention program accredited under Article 42.141, Code of Criminal Procedure; (2) beginning on September 1, 2008, if the referral option under Subdivision (1) is not available, complete a program or counsel with a provider that has begun the accreditation process described by Subsection (a-1); or (3) if the referral option under Subdivision (1) or, beginning on September 1, 2008, the referral option under Subdivision (2) is not available, counsel with a social worker, family service agency, physician, psychologist, licensed therapist, or licensed professional counselor who has completed family violence intervention training that the community justice assistance division of the Texas Department of Criminal Justice has approved, after consultation with the licensing authorities described by Chapters 152, 501, 502, 503, and 505, Occupations Code, and experts in the…
Official text (excerpt) · last checked 2026-07-28 · Read the full text in our law library · Verify at statutes.capitol.texas.gov
Cited in 32 court opinions in our collectionLatest citing opinion in our collection: 2026
Opinions citing this section in our collection:
- Joseph Claude Henry v. Megan Ann Whitlock-Henry (Texas Court of Appeals, 14th District (Houston) 2023)“…o prevent or reduce the likelihood of family violence.” See Tex. Fam. Code § 85.022(a). In re M.G.M. involved a temp…”
- Candace Bell v. the State of Texas (Texas Court of Appeals, 2nd District (Fort Worth) 2022)“…r condition of bond normally resides or attends”); see also Tex. Fam. Code Ann. § 85.022(b)(4) (likewise not including the phras…”
- Charles Roy Rodriguez v. Jane Doe (Texas Court of Appeals, 14th District (Houston) 2020)“…family or household of a person protected by an order. Tex. Fam. Code § 85.022(b). C. APPLICATION Rodriguez…”
Identified automatically from the court opinions citing this section — not a ranking of which case controls.
Texas Code of Criminal Procedure
§ 17.292Art. 17.292. MAGISTRATE'S ORDER FOR EMERGENCY PROTECTIONIn force
(a) At a defendant's appearance before a magistrate after arrest for an offense involving family violence or an offense under Section 20A.02, 20A.03, 22.011, 22.012, 22.021, or 42.072, Penal Code, the magistrate may issue an order for emergency protection on the magistrate's own motion or on the request of: (1) the victim of the offense; (2) the guardian of the victim; (3) a peace officer; or (4) the attorney representing the state. (b) At a defendant's appearance before a magistrate after arrest for an offense involving family violence, the magistrate shall issue an order for emergency protection if the arrest is for an offense that also involves: (1) serious bodily injury to the victim; or (2) the use or exhibition of a deadly weapon during the commission of an assault.
Official text (excerpt) · last checked 2026-07-28 · Read the full text in our law library · Verify at statutes.capitol.texas.gov
Cited in 15 court opinions in our collectionLatest citing opinion in our collection: 2024
Opinions citing this section in our collection:
- Garcia v. State (Texas Court of Appeals, 3rd District (Austin) 2006, 212 S.W.3d 877)“…talking pursuant to section 42.072 of the penal code, see Tex.Code Crim. Proc. Ann. art. 17.292(a) (West Supp.2006), or the issuing cou…”
- Ex Parte Flores (Texas Court of Appeals, 8th District (El Paso) 2004, 130 S.W.3d 100)“…ppellant’s writ of habeas corpus. 1 . Tex.Code Crim. Proc. Ann. art. 17.292 (Vernon Supp.2003) entitled "Magistrate…”
- Wagner v. State (Court of Criminal Appeals of Texas 2018, 539 S.W.3d 298)“…on of a deadly weapon during the commission of an assault." Tex. Code Crim. Proc. art. 17.292(a), (b). The magistrate's emergency ord…”
Identified automatically from the court opinions citing this section — not a ranking of which case controls.
Texas Penal Code
§ 25.07VIOLATION OF CERTAIN COURT ORDERS OR CONDITIONS OF BOND IN A FAMILY VIOLENCE, CHILD ABUSE OR NEGLECT, SEXUAL ASSAULT OR ABUSE, INDECENT ASSAULT, STALKING, OR TRAFFICKING CASEIn force
(a) A person commits an offense if, in violation of a condition of bond set in a family violence, sexual assault or abuse, indecent assault, stalking, or trafficking case and related to the safety of a victim or the safety of the community, an order issued under Subchapter A, Chapter 7B, Code of Criminal Procedure, an order issued under Article 17.292, Code of Criminal Procedure, an order issued under Section 6.504, Family Code, Chapter 83, Family Code, if the temporary ex parte order has been served on the person, Chapter 85, Family Code, or Subchapter F, Chapter 261, Family Code, or an order issued by another jurisdiction as provided by Chapter 88, Family Code, the person knowingly or intentionally: (1) commits family violence or an act in furtherance of an offense under Section 20A.02, 22.011, 22.012, 22.021, or 42.072; (2) communicates: (A) directly with a protected individual or a member of the family or household in a threatening or harassing manner; (B) a threat through any person to a protected individual or a member of the family or household; or (C) in any manner with the protected individual or a member of the family or household except through the person's…
Official text (excerpt) · last checked 2026-07-28 · Read the full text in our law library · Verify at statutes.capitol.texas.gov
Cited in 81 court opinions in our collectionLatest citing opinion in our collection: 2026
Opinions citing this section in our collection:
- Villarreal v. State (Court of Criminal Appeals of Texas 2009, 286 S.W.3d 321)“…arging appellant with violation of a protective order under Texas Penal Code § 25.07(a)(1). [1] The indictment alleged, in…”
- Webb v. State (Texas Court of Appeals, 10th District (Waco) 1995, 899 S.W.2d 814)“…ting him for violating a protective order. See TexPenal Code Ann. § 25.07 (Vernon 1994). By two points of error,…”
- Wagner v. State (Court of Criminal Appeals of Texas 2018, 539 S.W.3d 298)“…ase for such a determination. I respectfully dissent. Tex. Penal Code § 25.07(a)(2)(A) (West 2018). In her affi…”
Identified automatically from the court opinions citing this section — not a ranking of which case controls.
§ 46.04UNLAWFUL POSSESSION OF FIREARMIn forcecited in 2 of our articles
(a) A person who has been convicted of a felony commits an offense if he possesses a firearm: (1) after conviction and before the fifth anniversary of the person's release from confinement following conviction of the felony or the person's release from supervision under community supervision, parole, or mandatory supervision, whichever date is later; or (2) after the period described by Subdivision (1), at any location other than the premises at which the person lives. (a-1) A person who is a member of a criminal street gang, as defined by Section 71.01, commits an offense if the person intentionally, knowingly, or recklessly carries on or about his or her person a handgun in a motor vehicle or watercraft. (b) A person who has been convicted of an offense under Section 22.01, punishable as a Class A misdemeanor and involving a member of the person's family or household, commits an offense if the person possesses a firearm before the fifth anniversary of the later of: (1) the date of the person's release from confinement following conviction of the misdemeanor; or (2) the date of the person's release from community supervision following conviction of the misdemeanor.
Official text (excerpt) · last checked 2026-07-28 · Read the full text in our law library · Verify at statutes.capitol.texas.gov
Cited in 316 court opinions in our collectionLatest citing opinion in our collection: 2026
Opinions citing this section in our collection:
- Cuellar v. State (Court of Criminal Appeals of Texas 2002, 70 S.W.3d 815)“…n which MEYERS, PRICE, JOHNSON, and COCHRAN, JJ., joined. Texas Penal Code § 46.04(a) makes it an offense for a convicted…”
- Tapps v. State (Court of Criminal Appeals of Texas 2009, 294 S.W.3d 175)“…1 . Tex Penal Code § 46.04(a)(1). 2 . On Dece…”
- Tapps v. State Tex. (Texas Court of Appeals, 3rd District (Austin) 2008, 257 S.W.3d 438)“…or mandatory supervision, whichever date is later. Tex. Penal Code Ann. § 46.04 (a) (West Supp.2007). Evidence showed t…”
Identified automatically from the court opinions citing this section — not a ranking of which case controls.
Also relied on in: Texas Pepper Spray and Stun Gun Laws (2026)
United States Code Title 18
§ 922Unlawful actsIn forcecited in 72 of our articles
It shall be unlawful— for any person— except a licensed importer, licensed manufacturer, or licensed dealer, to engage in the business of importing, manufacturing, or dealing in firearms, or in the course of such business to ship, transport, or receive any firearm in interstate or foreign commerce; or except a licensed importer or licensed manufacturer, to engage in the business of importing or manufacturing ammunition, or in the course of such business, to ship, transport, or receive any ammunition in interstate or foreign commerce; for any importer, manufacturer, dealer, or collector licensed under the provisions of this chapter to ship or transport in interstate or foreign commerce any firearm to any person other than a licensed importer, licensed manufacturer, licensed dealer, or licensed collector, except that— this paragraph and subsection (b)(3) shall not be held to preclude a licensed importer, licensed manufacturer, licensed dealer, or licensed collector from returning a firearm or replacement firearm of the same kind and type to a person from whom it was received; and this paragraph shall not be held to preclude an individual from mailing a firearm owned in compliance…
Official text (excerpt) · last checked 2026-09-16 · Read the full text in our law library · Verify at uscode.house.gov
Cited in 40,024 court opinions in our collectionLatest citing opinion in our collection: 2026
In the courts (editorial summary, independently checked):Section 922(g)(1) bars a felon from possessing a firearm, and the Supreme Court cases in this line turn on sentencing, not on the ban. Taylor v. United States (1990) and Shepard v. United States (2005) held that whether prior convictions enhance a 922(g) sentence under 924(e) is decided from offense elements and limited plea records.
Opinions citing this section in our collection:
- United States v. Booker (Supreme Court of the United States 2004, 543 U.S. 220)“…e Johnson with one crime (say, illegal gun possession, see 18 U. S. C. § 922 (g)) and Jackson with another (say, ban…”
- Almendarez-Torres v. United States (Supreme Court of the United States 1998, 523 U.S. 224)“…cidivism an offense element in such circumstances. But cf. 18 U. S. C. § 922 (g)(1) (prior felony conviction an elem…”
- Taylor v. United States (Supreme Court of the United States 1990, 495 U.S. 575)✓Taylor pleaded guilty to felon-in-possession under 18 U.S.C. § 922(g)(1) and had two Missouri burglary convictions; the Court held that 'burglary' in the § 924(e) enhancement attached to a § 922(g) conviction means generic burglary judged by the prior statute's elements.
Identified automatically from the court opinions citing this section — not a ranking of which case controls.
Also relied on in: Can You Become an ICE Agent with a Criminal Record? (2026 Guide), How Long Does a Felony Stay on Your Record? (2026), Supreme Court Limits the Federal Gun Ban on Marijuana Users (Hemani, 2026)
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Sources and References
- Texas Family Code, Chapters 71-92 (Protective Orders)(statutes.capitol.texas.gov).gov
- Texas Code of Criminal Procedure, Art. 17.292 (Magistrate's Order of Emergency Protection)(statutes.capitol.texas.gov).gov
- Texas Attorney General, Family Violence Resources(texasattorneygeneral.gov).gov
- Texas Code of Criminal Procedure, Chapter 7B (protective orders for victims of sexual assault, stalking, and trafficking; Arts. 7B.001, 7B.003, 7B.007)(tcss.legis.texas.gov)
- Texas Family Code Sec. 85.022 (conditions a court may impose; mandatory handgun license suspension) and Sec. 85.025 (duration and review of protective orders)(tcss.legis.texas.gov)
- Texas Family Code Sec. 83.002 (duration and extension of a temporary ex parte protective order)(tcss.legis.texas.gov)