Former Officer wants his pistols back. A report says that KPD took them for safekeeping. He plead guilty to a Class A assault, (against his wife but no direct finding of family violence) was put on deferred adjudication probation, and was released early by the court from probation. Can the pistols be returned to him? The pistols were not involved in the incident.

While I personally believe he is a threat to his partners, I don’t believe we have the ability to keep them.

Thoughts?

Do you have grounds for a protective order?

Nope. They are separated.

If you really wanted to press the issue, an argument might be made that to return the guns would enable a violation of 18 U.S.C. sec. 922(g)(9). Everyone has assumed that subsequent to the amendment of 18 U.S.C. sec. 921(a)(20) in 1986 that a person who has received a deferred adjudication under Texas law has not been "convicted" for purposes of 922(g)(9) and that the contrary holding in United States v. Cisneros, 112 F.3d 1272 (5th Cir. 1997) has been superceded. But, the Fifth Circuit recently observed that in several ways a deferred adjudication is treated as the "functional equivalent of a final conviction." United States v. Mills, 843 F.3d 210, 215-16 (5th Cir. 2016). And a similar understanding by lawyers in Iowa has now been questioned. United States v. Davies, No. 17-CR-26-LRR (N.D. Iowa Feb. 12, 2018). And, I am unaware of any Texas state court that has construed "deferred adjudication" in the context of 922(g)(9). You might even request an AG opinion in making a decision.

Of course, given the passage of time since your post, this might well be a moot point.