Know the Laws: Oklahoma
UPDATED October 15, 2012
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. Go to the OK Where to Find Help page to find help.
No. According to Federal law, if you have a PO that was issued by an Oklahoma civil court against your abuser (and meets federal requirements), s/he cannot have a gun in his possession, or buy a new gun.*
In order for your PO order to qualify under Federal law, the defendant (person who the PO is against) must:
Note: This law may not apply to law enforcement officials, military personnel, and other government employees who use guns while performing official duties.*** If your abuser is a police officer, member of the military, or someone else who uses a gun for their job, talk to your local domestic violence program about your options. See OK Where to Find Help to find a program in your area.* 18 USC § 922(g)(8)
While it does not need to be written on your PO that your abuser cannot own, buy or have a gun in order for the law to be enforced, it may make it easier if it is written. Oklahoma state law specifically says that a person who has a PO against him/her cannot have a license to own or buy a gun, which means that s/he cannot buy a new gun or keep the one s/he already has. However, sometimes it is not always clear to law enforcement officials that the abuser's gun should be taken away when the PO is issued. There are a couple steps you can take to try to help make this clear:
It also may be helpful if the judge explains what will happen to the abuser's guns, who will take them, and where they will be held once you leave the courthouse. If the judge agrees to add language that your abuser cannot keep his guns while the PO is in effect, you may also want to ask that the judge:
* Americans for Gun Safety; "Domestic Violence and Guns: A Guide to Laws that can Remove Guns from a Domestic Abuser."
Maybe. Your abuser does not have to come to the hearing in order for the law to apply to him/her, but s/he does have to be given notice of the hearing and an opportunity to attend.*If no hearing is scheduled, and/or no notice is given about the order, then the federal firearm law might not apply to your abuser.** * United States v. Bunnell 106 F. Supp. 2d 60 (D. Me. 2000), aff'd 280 F. 3d 46 (1st Cir. 2002.).
Maybe. If the judge gave you an ex parte temporary order of protection (which means that no advance notice was given to the abuser), which is commonly done, it could still be LEGAL for him/her to have a gun under federal law. However, if the judge scheduled a court hearing and gave notice of the hearing to the abuser before giving you the temporary order of protection, it is possible that it is ILLEGAL for him/her to have a gun under federal law. The order of protection must also meet certain other requirements, though. Read I have a final order of protection against the abuser. Can his/her gun be taken away? in the Federal Gun Laws section to find out more.