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. §922(g)(4) impacts firearm ownership for incapacitated persons in Texas.
What is 18 U.S.C. Section 922?
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.
The law is constantly evolving. For example, in a 2025 case, the Fifth Circuit found sections §922(b)(1) and §922(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.
However, this article will focus on §922(g)(4), which relates directly to guardianships and has consistently been found constitutional.
What is §922(g)(4)? Firearm Disability for Incapacitated Persons
The text of §922(g)(4) reads:
“It 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.”
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 “firearm disability.”
How Texas Defines Incapacity
Texas law defines incapacity as an adult who, because of a physical or mental condition, is substantially unable to:
- Provide food, clothing, or shelter for themselves
- Care for their own physical health
- Manage their own financial affairs
The court considers factors such as:
- Cognitive deficits in memory, recall, reasoning, and understanding abstract concepts
- Ability to make responsible decisions
- Presence of developmental disabilities
In practice, most individuals under guardianship have dementia, brain injuries, mental illness, or developmental disabilities.
What Happens to Firearms in a Guardianship?
If a court determines you are incapacitated and appoints a guardian:
- Your guardian must take possession of your firearms and ammunition
- You are prevented from accessing your firearms
Can Firearms Be Returned After Guardianship Ends?
Firearms may be returned if your capacity is fully restored and the guardianship is terminated. This requires a full court hearing that evaluates:
- Circumstances that led to the firearm disability
- Mental health history
- Criminal history
- Reputation
The court can only remove the firearm disability if it determines:
- You are no longer likely to act in a manner dangerous to public safety
- Removing your disability is in the public interest
It is possible for the court to find that you are no longer incapacitated yet still deny firearm rights.
How Hammerle Morris Can Help with Guardianship and Firearm Rights
At Hammerle Morris Law Firm, we understand that navigating guardianships and related legal issues, including firearm rights, can be complex. Knowing the rules and best practices helps protect your rights, your safety, and your loved ones.
Whether you’re facing a guardianship, need guidance on restoring your rights, or want to understand the legal implications of §922(g)(4), our team can guide you to ensure your decisions are thoughtful, legal, and aligned with your best interests.
Schedule a consultation today with Hammerle Morris to review your situation and make sure your rights and responsibilities are handled correctly and safely.
Virginia Hammerle is an accredited estate planner and represents clients in estate planning, probate, guardianship, and contested litigation. She may be reached at legaltalktexas@hammerle.com. This blog contains general information only and does not constitute legal advice.
