Here in Harris County, it seems that one of the standard conditions of community supervision is that the defendant is prohibited from possessing a firearm. This condition seems to be applied regardless of offense -- so, at present, I have a DWI appellant, who has no apparent history of violence or firearms violations, and this condition was part of his community supervision.

What other counties apply this as a standard condition of community supervision, regardless of the crime? If so, has anyone brought a challenge to this condition?

Our county imposes this condition as well. I would be interested in knowing if other prosecutors waive the requirement. I have waived the requirement on the conditions of probation when it seems unjust or disproportionate to the crime.

No more disproportionate than a federal lifetime ban on firearms ownership or possession in response to a single domestic violence conviction of any degree, regardless of the use or non-use of a weapon.