GUN SURRENDER PROCEDURES IN DOMESTIC
VIOLENCE CASES
NO GUNS AS A CONDITION OF PROBATION
Deferred

Neither state nor federal law prohibits possession, but it is best practice
to order the surrender. Hold a hearing to determine possession (see
Holding a Hearing below).
Straight/Conviction Possession of a firearm is prohibited by both state and federal law. The
federal prohibition is for life. Hold a hearing to determine possession
(see Holding a Hearing below).

NO GUNS AS A CONDITION OF BOND
Bond conditions

Discretionary but it is best practice to order the surrender. Hold a
hearing to determine possession (see Holding a Hearing below).

HOLDING A HEARING
Inquire of both sides whether the Defendant owns, possesses or controls access to a firearm.
Defendant has no guns.
Defendant does have
guns.

Require Defendant to sign an Affidavit of Non-possession. (See
below for affidavit.)
Issue either a Temporary Surrender Order (bond or deferred), or
a Permanent Surrender Order (any type of conviction). (See
below for orders.)

DEFINITION OF POSSESSION
“A person who possesses an article may exercise custodial and managerial powers to ensure
exclusivity of possession, to allow others access only, or to allow others to exercise care,
custody, control or management over the article.” Gant v. State, 116 S.W.3d 124 (Tex.App. –
Tyler, 2003) pet. ref’d. See also, U.S. v. Booth, et.al., 111 F.3d 2 [1st Cir. September 1997].

AFFIDAVIT OF NON –POSSESSION
Go over the statements in the affidavit to ensure the Defendant can sign the affidavit
truthfully. File the affidavit along with the other documents in the case.

 TEMPORARY OR PERMANENT SURRENDER ORDERS
Set return date and time

Defendant must return to your court with proof of
surrender to the Sheriff’s Department.
In the order, provide the most accurate description
possible of the firearm(s) to be surrendered so the
Sheriff knows.
At the bottom of the order is the contact information
for the Defendant to use to schedule a time to
surrender the firearm(s) in the order. The Court
should independently notify the Sheriff’s Department
of the Court’s order.

Firearm description
Sheriff’s information

SURRENDER OF FIREARMS TO A THIRD PARTY
Set date and time
Consequences

Defendant must return to your court with the Third-Party. The ThirdParty must provide proof that they are legally able to possess firearms.
(The Sheriff’s Department can run a background check.)
When the Third-Party is before you, admonish them about the
consequences of providing the firearms to the Defendant. (The
consequences are listed on the Third-Party Surrender Order.)

RETURN OF FIREARMS
Background check
Issuance of return order

Require the Defendant to prove that he/she can legally possess a
firearm. (The Sheriff’s Department can do an NCIC check.)
Ensure that you accurately describe the firearms to be returned.
Review the surrender order in the case if necessary.

RESPONDING TO ACTS OF NON-COMPLIANCE
Options include violation of bond or probation, new charges for contempt or perjury, or new
charges under Tex. Penal Code 25.07 or 46.04 or 46.06 or 18 U.S.C. Section 922.

RELEVANT STATUTES
18 U.S.C. Section 921 (a)(32)
18 U.S.C. Section 922 (d)(1) & (9); (g)(1) & (9)
Texas Penal Code Section 25.07 (a)(4)
Texas Penal Code Sections 46.04 & 46.06

 Cause No. M___________
STATE OF TEXAS
VS.

§

IN THE COUNTY CRIMINAL

§

COURT #10

§

DALLAS COUNTY, TEXAS

COURT ORDER TO ENSURE COMPLIANCE WITH FEDERAL LAWS REGARDING
FIREARM POSSESSION IN CASES INVOLVING DOMESTIC VIOLENCE
The Defendant having been convicted in this domestic violence case is subject to federal law
which places a life-time ban on the Defendant from possessing any firearms. To ensure
compliance with federal law the Court hereby ORDERS:
1. No later than (Date)
_______ at (time)
_________, Defendant must offer proof
that he/she has complied with 18 U.S.C. §922(g).
2. To prove compliance with federal law, the Defendant shall either:
a. Permanently Surrender the firearm(s) listed in (4) below to the Dallas County
Sheriff’s Department and then present the receipt from the Sheriff’s Department
to the Court no later than the date and time named in (1) above.
b. Permanently forfeit or sell the firearm(s) listed in (4) below to a third-party that:
i. Has a federal license to purchase firearms and is approved by the Court; or
ii. Appears in court with the Defendant on or before the date and time named
in (1) above and:
1. States in-court and under oath that they understand the criminal
liability involved in granting possession of a firearm or
ammunition to the above-named Defendant; and
2. Passes a federal firearm background check (expenses to be
incurred by the Defendant or third-party).
3. FAILURE TO COMPLY WITH THIS ORDER WILL RESULT IN THE FILING
OF FEDERAL CRIMINAL CHARGES, VIOLATION OF PROBATION,
CONTEMPT OF COURT CHARGES, OR ALL OF THE ABOVE.
4. Make/Model/Serial Number of all firearms in the Defendant’s care, custody or control:
________________________________________________________________________
________________________________________________________________________
________________________________________________________________________

_____________________
Judge

______________________
Date

Contact Deputy Frank Lemaire at either: gunstorage@dallascounty.org or 214.532.9784 to
surrender your firearm. DO NOT TAKE FIREARMS DIRECTLY TO THE SHERIFF’S
DEPARTMENT.

 Cause No. ____________
STATE OF TEXAS
VS.

§

IN THE

§
§

DALLAS COUNTY, TEXAS

DEFENDANT’S SWORN STATEMENT OF POSSESSION OF FIREARMS, AMMUNITION
AND/OR CONCEALED WEAPONS PERMIT
COMES NOW the above-listed Defendant and states under oath to the Court the following:
1. I do not currently own any firearms of any type.
2. I do not currently have care, custody or control over any firearms of any type.
3. My current address is: ________________________________________, and there are
no firearms located at this address.
4. I do not currently work at a location where firearms are accessible.
5. I do not currently work in an occupation where I am required to use firearms.
6. I understand that pursuant to the law and/or court order, I am prohibited (either
permanently or temporarily) from possessing firearms or from having firearms under my
care, custody or control.
7. I understand that I am representing to the Court that each of the above statements is true
and correct.
8. I UNDERSTAND THAT MAKING FALSE STATEMENTS TO THE COURT
COULD RESULT IN THE FILING OF CRIMINAL CHARGES UNDER TEXAS
PENAL CODE CHAPTER 37, REVOCATION OF YOUR PROBATION OR
YOUR BOND, CONTEMPT CHARGES OR ALL OF THE ABOVE.

_____________________
Defendant

_____________________
Defendant’s Attorney

________________________
Date

 Cause No. ____________
STATE OF TEXAS
VS.

§

IN THE

§
§

DALLAS COUNTY, TEXAS

COURT ORDER TO ENSURE COMPLIANCE WITH CONDITIONS OF PROBATION OR
CONDITIONS OF BOND REGARDING FIREARM POSSESSION
Pursuant to the Defendant’s conditions of probation or bond, the Defendant shall not possess
firearms for the duration of probation or while the Defendant is on bond. To ensure compliance
with these conditions the Court hereby ORDERS:
1. No later than (Date)
___ _______at (time)
___________, Defendant must offer
proof that he/she has complied with conditions of probation or conditions of bond.
2. To prove compliance, the Defendant shall either:
a. Temporarily Surrender the firearm(s) listed under (4) below, to the Dallas County
Sheriff’s Department and then present the receipt from the Sheriff’s Department
to the Court no later than the date and time named in (1) above.
b. Sell or temporarily forfeit the firearm(s) listed under (4) below to a third-party
that:
i. Has a federal license to purchase firearms and is approved by the Court; or
ii. Appears before the Court with the Defendant on or before the date and
time named in (1) above and:
1. States in-court and under oath that they understand the criminal
liability involved in granting possession of a firearm to the abovenamed Defendant; and
2. Passes a federal firearm background check (expenses to be
incurred by the Defendant or third-party).
3. FAILURE TO COMPLY WITH THIS ORDER WILL RESULT IN THE FILING
OF STATE CRIMINAL CHARGES, VIOLATION OF PROBATION,
VIOLATION OF BOND, COMPTEMT OF COURT CHARGES, OR ALL OF
THE ABOVE.
4. Make/Model/Serial Number of Firearms in the Defendant’s care, custody or control:
________________________________________________________________________
________________________________________________________________________
________________________________________________________________________
_____________________
Judge

______________________
Date

Contact Deputy Frank Lemaire at either: gunstorage@dallascounty.org or 214.532.9784 to
surrender your firearm. DO NOT TAKE FIREARMS DIRECTLY TO THE SHERIFF’S
DEPARTMENT.

 Cause No. ____________
STATE OF TEXAS
VS.

§
§
§
§
§

IN THE

______

DALLAS COUNTY, TEXAS

DEFENDANT

AFFIDAVIT OF THIRD-PARTY TO ACCEPT POSSESSION OF FIREARMS,
AMMUNITION, AND CONCEALED WEAPONS PERMIT
STATE OF TEXAS
COUNTY OF DALLAS
Having been first duly sworn, _______________________________, states under oath
the following:
9. I agree to receive by sale and/or transfer from Defendant the following firearms and/or
ammunition: _______________________________________________________________
__________________________________________________________________________
__________________________________________________________________________.
10. I do not reside with the Defendant. My relationship to the Defendant is _____________.
11. I affirm that I have successfully completed a background check and that I am not prohibited
from possessing firearms under either federal or state laws:
a. I have not been found guilty of a felony in Texas or any other state;
b. I have not been found guilty of a misdemeanor crime of domestic violence in
Texas or any other state;
c. There is no injunction or order of protection in effect against me in Texas or any
other state;
d. I have never been adjudicated mentally defective or been committed to a mental
institution;
e. I am legally and lawfully in the United States;
f. I have never been dishonorably discharged from the Armed Services;
g. I have never renounced United States citizenship;
h. I am not currently under indictment for any felony;
i. I am not an unlawful user of, addicted to, marijuana or any depressant, stimulant,
narcotic drug or any other controlled substance.
j. There is no other legal impediment to my possessing a firearm.
12. I understand that Defendant is prohibited from possessing firearms pursuant to federal law,
state law and/or court order.
13. I UNDERSTAND THAT IF GIVE DEFENDANT CARE, CUSTODY, OR
MANAGEMENT OF ANY FIREARMS THAT I WILL BE IN VIOLATION OF
FEDERAL AND/OR STATE LAW.

 14. I understand that I am representing to the Court under penalty of perjury that each of the
above statements is true and correct.
15. I UNDERSTAND THAT MAKING FALSE STATEMENTS TO THE COURT MAY
RESULT IN THE FILING OF CRIMINAL CHARGES, CONTEMPT CHARGES, OR
BOTH.
______________________________
Sworn to this _____ day of ________________, 20__.
______________________________
Judge Presiding