TexasCHLforum.com

I have the same problem with this bill that I have with the existing law in Penal Code Section 46.04. That section makes it illegal for a person to possess a firearm while the subject of a protective order, even if the order was issued ex parte. Ex parte means that the hearing was one-sided and only the person asking for the order was there to present evidence. The person who would be subject to the order does not even have to be told that the other person is asking for it.

Fortunately, courts have pretty much stopped granting the ex parte protective orders as part of the divorce filing that they used to do. Now they make it the restraining order which is not covered by this or 46.04. This is thanks to the federal law, which got it right. It is illegal (18 USC 922(d)(8) and (g)(8)) to possess a firearm if you are subject to a protective order that you were notified of and had the opportunity to appear at. The federal law can be taken to include a properly worded TRO also.