Conozca la Ley: Delaware
ACTUALIZADA 15 de julio, 2007
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- Secuestro de Menores
- Guns and DVPOs
- Guns and Criminal Convictions
- More Information and Where to Get Help
Secuestro de Menores
arribaI am a victim of domestic violence and my abuser has a gun. Do I have legal options for getting the gun away from my abuser?
Yes. If you have an Order of Protection from Abuse against your abuser, or if your abuser has been convicted of a felony or domestic violence misdemeanor, then Federal law states that it is illegal for your abuser to buy, own or have a gun in their possession.* This ban does not apply if the conviction has been erased or set aside.**
Delaware state law says as part of a Protection From Abuse Order, the court may require your abuser to turn over any firearms to the local law enforcement and prohibit purchasing or receiving firearms.***
Note: There are certain requirements that your Order of Protection from Abuse must meet for it to qualify under Federal law. See the next question to read more about what those requirements are.
If you are not sure if your abuser has been convicted of a domestic violence misdemeanor, see What crimes are considered domestic violence misdemeanors?
To read the definition of a felony, see What is the definition of a felony?
* 18 USC Sec. 922(g)(8); 18 USC Sec. 922(g)(9)
** 18 U.S.C. § 921(a)(20)
*** 10 Del. Code § 1045(a)