By Graham Norris

An assault charge poses a direct, dual threat to any gun owner: the threat of legal penalties and the threat of losing your firearms. For you, the consequences extend far beyond potential jail time or fines.

A conviction can trigger an irreversible severing of your right to possess any firearm, turning a single allegation into a lifelong prohibition. Here’s what gun owners need to know about how assault charges threaten firearm rights and what you can do to protect yourself.

The Immediate Cost: How a Texas Assault Conviction Can Strip Your Firearm Rights

An assault conviction operates on two parallel levels to eliminate your gun rights:

• The Federal Lifetime Ban: A conviction for misdemeanor domestic violence—which in Texas is any assault labeled “family violence”—imposes a permanent federal ban on buying, owning, or possessing any firearm under 18 U.S.C. § 922(g)(9). This is not a state penalty; it is a federal disability that follows you everywhere.
• Texas LTC Suspension & Revocation: The Texas Department of Public Safety (DPS) will initiate suspension of your License to Carry upon your arrest for a qualifying felony or misdemeanor involving violence. A conviction guarantees its permanent revocation.
• The Purchase “Deny”: With a disqualifying conviction, any attempt to purchase a firearm from a licensed dealer will result in an immediate denial from the National Instant Criminal Background Check System (NICS). Your name is flagged in the system.

These are not potential outcomes; they are statutory consequences. This is why the stakes in an assault case are uniquely high for gun owners, and why every decision from the moment of arrest must be made with this in mind.

Protecting Your Rights Starts Now: Critical First Steps After an Assault Allegation

Recognizing the stakes is the first step—taking the right immediate action is the next. The decisions you make in the initial hours after an incident or arrest form the critical foundation of your defense.

• Invoke Your Right to Remain Silent: Clearly and politely tell any law enforcement officer that you will not answer questions and that you wish to speak with an attorney. What you say can be used to secure the conviction that permanently revokes your gun rights.
• Secure Specialized Legal Counsel Immediately: Contact a lawyer who comprehends both Texas assault law and federal firearm prohibitions before you discuss the case with anyone. Early intervention can shape the entire trajectory of your case.
• Preserve All Potential Evidence: Save any relevant text messages, emails, or voicemails. If there are photos of injuries, property damage, or other relevant details, secure them for your attorney. Do not delete anything.
• Document Your Recollection: As soon as you are able, write down your complete memory of the event while details are fresh. Include times, locations, what was said, and any witnesses.
• Strictly Avoid Public Discussion: Do not talk about the incident on social media, with friends, or in online forums. Assume anything you communicate can be obtained and used against you.

The Critical Factor: How Texas’s “Family Violence” Label Threatens Gun Owners

The most significant risk to your firearm rights often comes not from the assault charge itself, but from the “family violence” label that Texas law attaches to it. Grasping the breathtaking scope of this label is the key to recognizing your risk.

Texas applies the family violence designation far more broadly than most people assume. It’s a unique aspect of our state law that exponentially increases the number of assault cases that lead to federal firearm bans.

Can a Fight with My Roommate Affect My Gun Rights?

Absolutely. Texas law defines “family” and “household” to include not just spouses and romantic partners, but also roommates, blood relatives, foster children and parents, and even distant relatives like cousins. A physical altercation with a roommate that results in a Class A misdemeanor assault charge will be classified as “family violence.” This misdemeanor then becomes a prohibiting offense under federal gun law, despite the relationship not being an intimate partnership in the traditional sense.

What About a Charge Involving a Relative?

The same rule applies. An argument with a sibling, parent, or adult child that leads to an assault allegation carries the family violence tag. This transforms what might be viewed as a private family matter into a direct threat to your constitutional right to bear arms. The label itself is the trigger for the most severe collateral consequences.

Misdemeanors Matter: How Lesser Assault Charges Can Jeopardize Your LTC

Many gun owners mistakenly believe that only felony convictions carry serious consequences for their rights. This is a dangerous and potentially costly misconception.

It is a myth that a “simple” misdemeanor or a ticket for a low-level assault is no threat to your LTC. The potential fine or probation is only one part of the equation. The permanent criminal record—especially one stamped “family violence”—is what firearm prohibitions are built upon.

Consider a Class C misdemeanor for assault by threat or offensive contact. While punishable only by a fine, if this charge is applied to an incident with a household member, it will carry the family violence designation. This creates a permanent record that can be used to enhance future charges and, critically, can jeopardize your legal standing as a firearm owner.

The bottom line is clear: for a gun owner, any assault allegation, particularly one involving someone you live with or are related to, constitutes a five-alarm fire for your License to Carry. The immediate suspension of your LTC can begin at the moment of arrest, long before any day in court.

Is Restoration Possible? Paths to Regaining Your Firearm Rights in Texas

Facing the potential loss of your gun rights can feel like a permanent sentence. While the path is undoubtedly complex and steep, options do exist. The correct strategy depends entirely on whether you are fighting a pending charge or seeking relief after a conviction.

Path 1: Preventing the Conviction Altogether – The most effective way to protect your firearm rights is to prevent a disqualifying conviction from ever entering the record. This is where early, aggressive, and specialized legal defense is non-negotiable. A lawyer focused on this intersection of criminal and firearm law will work to have the charges dismissed entirely, argue for a reduction to a non-disqualifying offense, or secure an acquittal at trial by proving self-defense or challenging the evidence.

Path 2: Post-Conviction Remedies – If a conviction has already occurred, the avenues for restoration are narrow and require meticulous legal work. They may include pursuing an expunction if you were acquitted or the case was dismissed, an order of nondisclosure for certain probationary sentences, or in rare cases, a gubernatorial pardon.

Your Rights Are at Stake. Your Next Move Matters Most.

The strategies to protect your firearm rights demand immediate and specialized action. Every moment between an accusation and a conviction is critical—evidence must be preserved, narratives must be shaped, and the “family violence” label must be challenged before it becomes a permanent mark on your record.

With over 3,600 cases handled and a proven record of securing dismissals and favorable outcomes, Norris Legal Group brings the urgent, focused defense necessary to protect your future. Your defense should be founded on Dignity, Trust, and Fight. Contact Norris Legal Group today for a confidential, free case review. Let us become your advocates, protectors, and partners in this fight.