Know the Laws: Massachusetts
UPDATED December 30, 2008
WomensLaw.org strongly recommends that you get in touch with a domestic violence advocate in your community for more information on gun laws in your area. To find an advocate or ogranization in your area please visit the MA State and Local Programs page under the Where to Find Help tab on the top of this page.
- Basic Info
- Guns and Protective Orders (209A Orders)
- Guns and Criminal Convictions
- More Information and Where to Get Help
Basic Info
back to topI 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 Abuse Prevention Order 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. *
In addition, MA state law says that a person cannot have or buy a gun if s/he has been:
- convicted of a felony,
- convicted of a misdemeanor punishable by jail time of more than 2 years,
- convicted of a violent crime, or any weapons or drug-related offense,
- has spent time in a hospital for mental illness,
- is a drug addict or alcoholic,
- is an alien,
- is subject to an active Abuse Prevention Order,
- or is subject to an outstanding arrest warrant. **
Note: There are certain requirements that your Abuse Prevention Order (209A Order) 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)
** Mass. Gen. Laws 140 §131(d)