{"id":13198,"date":"2025-09-21T06:30:27","date_gmt":"2025-09-21T11:30:27","guid":{"rendered":"https:\/\/legaltalktexas.hammerle.com\/?p=13198"},"modified":"2025-09-19T10:49:11","modified_gmt":"2025-09-19T15:49:11","slug":"the-right-not-to-bear-arms-guardianship-and-gun-laws-in-texas","status":"publish","type":"post","link":"https:\/\/hammerle.com\/legaltalk\/legal-talk\/the-right-not-to-bear-arms-guardianship-and-gun-laws-in-texas\/","title":{"rendered":"The Right Not to Bear Arms: Guardianship and Gun Laws in Texas"},"content":{"rendered":"

Understanding gun rights in the U.S. requires a close look at federal law, especially for individuals under guardianship. This article explores how 18 U.S.C. \u00a7922(g)(4) impacts <\/span>firearm ownership<\/span><\/a> for incapacitated persons in Texas.<\/span><\/p>\n

What is 18 U.S.C. Section 922?<\/b><\/h2>\n

18 U.S.C. Section 922 is the federal statute that governs who can own or possess a firearm in the United States. With over 73,000 court cases referencing this law, it is one of the most litigated statutes in U.S. firearms law.<\/span><\/p>\n

The law is constantly evolving. For example, in a 2025 case, the Fifth Circuit found sections \u00a7922(b)(1) and \u00a7922(c)(1) regarding the minimum age to purchase a firearm unconstitutional in Reese v. Bureau of Alcohol, Tobacco, Firearms, and Explosives. This case also provides a detailed history of firearms law in the U.S.<\/span><\/p>\n

However, this article will focus on \u00a7922(g)(4), which relates directly to <\/span>guardianships <\/span><\/a>and has consistently been found constitutional.<\/span><\/p>\n

What is \u00a7922(g)(4)? Firearm Disability for Incapacitated Persons<\/b><\/h2>\n

The text of \u00a7922(g)(4) reads:<\/span><\/p>\n

\u201cIt shall be unlawful for any person who has been adjudicated as a mental defective or who has been committed to a mental institution to ship or transport in interstate or foreign commerce, or possess in or affecting commerce, any firearm or ammunition, or to receive any firearm or ammunition which has been shipped or transported in interstate or foreign commerce.\u201d<\/span><\/p>\n

This federal provision addresses the firearm rights of incapacitated individuals. In Texas, it is triggered when a court determines a person is incapacitated under a guardianship, resulting in what is called a \u201cfirearm disability.\u201d<\/span><\/p>\n

How Texas Defines Incapacity<\/b><\/h2>\n

Texas law defines incapacity as an adult who, because of a physical or mental condition, is substantially unable to:<\/span><\/p>\n