SECTION 176.1. Admonishment by Court of Certain Persons Ineligible to Possess Firearm or Ammunition

(a) In this section, "Firearm" has the meaning assigned that term by Penal Code §46.01(3).

(b) When a person, by entry of an order or judgment, becomes by state law ineligible to possess a firearm or ammunition, the trial court must inform that person of the person's ineligibility to possess a firearm or ammunition.

(1) If the person is appearing before the court when the person is or becomes ineligible, the court must:

(A) orally admonish the person, in a manner the person can understand, that the person is ineligible to possess a firearm or ammunition; and

(B) provide the person with a written admonishment informing that person of the person's ineligibility to possess a firearm or ammunition.

(2) If the person is not appearing before the court when the person is or becomes ineligible, the court must provide the person, by a method reasonably likely to provide notice to the person, with a written admonishment informing that person of the person's ineligibility to possess a firearm or ammunition.

(c) The admonishment must clearly inform a person that possession of a firearm or ammunition could lead to additional charges.

(d) The Office of Court Administration shall publish on its website model admonishment language and a written model admonishment form approved by the Texas Judicial Council for use by a court and for distribution by a court to a person informing that person of the person's ineligibility to possess a firearm or ammunition.

(e) The Office of Court Administration must coordinate with the Court of Criminal Appeals and the judicial training entities to ensure that judges are provided adequate training regarding the admonishments required by this rule and by law.

Source Note: The provisions of this §176.1 adopted to be effective September 1, 2020, 45 TexReg 3759