Getting a Seized Gun Back in Texas

The law that applies

Weapons seized in connection with an offense involving a weapon, or an offense under Penal Code Chapter 46, are handled under Code of Criminal Procedure article 18.19. The agency that seized the weapon holds it until a court decides what happens. Weapons claimed to be stolen go through a separate property hearing process.

If there was no prosecution or conviction

• When the magistrate determines there will be no prosecution or conviction, the magistrate must send written notice to the person found in possession before the 61st day, telling you that you may get the weapon back by written request (art. 18.19(c)).
• After you make a written request, the magistrate must order the weapon returned before the 61st day after receiving the request.
• Respond in writing, keep proof that you sent it, and make sure the agency and the court have your current address.

If you do nothing

If no one requests the weapon before the 61st day after the notice, the magistrate must order it destroyed, sold at public auction to a licensed dealer, or forfeited to the state for law enforcement use (art. 18.19(c)). That is why acting quickly matters.

If you were convicted or got deferred adjudication

• For a Chapter 46 offense such as unlawful carry, you may ask the court that entered the judgment to return the weapon. You must ask before the 61st day after the judgment or order (art. 18.19(d)).
• The court must order the weapon destroyed, sold or forfeited if you do not ask in time, if you have a prior Chapter 46 conviction, if the weapon is prohibited, if the offense happened at certain places such as a school or playground, or if the court finds that returning it would threaten the community.
• If you were convicted of an offense involving the use of the weapon, such as a threat made with a gun, the court orders it destroyed, sold or forfeited (art. 18.19(e)).

Firearms taken during a mental health detention

A separate law, article 18.191, covers firearms taken from a person held for an emergency mental health detention. The officer must immediately give you a written receipt and a notice of the return procedure, and the agency must send notice by certified mail to your closest immediate family member within 15 days. If you were released, the agency must first run a criminal history check to confirm you may lawfully possess a firearm, then notify you by certified mail that it can be returned. If no one makes a written request before the 121st day after that notice, the agency may have it sold through a licensed dealer, and the proceeds go to the owner, minus the costs of the sale. A firearm taken this way may not be destroyed or forfeited. Different rules apply if a court ordered inpatient mental health treatment, because federal law may then bar possession.

Protective orders

A family violence protective order or a magistrate's emergency protective order can bar you from having firearms and suspend your License to Carry. Under current law, a magistrate's emergency protective order generally lasts 61 to 91 days, and one issued after a family violence arrest involving the use or exhibition of a deadly weapon during an assault lasts 91 to 121 days (Code of Criminal Procedure art. 17.292(j)). A firearm generally cannot come back to you while an order bars possession, and having one after notice of the order is a crime (Penal Code 46.04). Federal law has its own bar for people under qualifying protective orders.

Before any gun comes back

A firearm will not be returned to someone who is legally barred from having it, whether under Texas law (for example, the restrictions in Penal Code 46.04) or federal law. Agencies commonly run a background check before releasing a firearm.

Frequently Asked Questions

Sources: Tex. Code Crim. Proc. arts. 17.292, 18.19, 18.191; Tex. Fam. Code 85.022; Tex. Penal Code 46.04. Reviewed November 2026. This guide is general information, not legal advice for your situation.