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About Abuse

When the Abuser Gets Out of Jail

Updated: March 4, 2021

Is the abuser allowed to have or buy a gun when s/he is released?

Federal gun laws and most state gun laws restrict someone’s ability to buy or have a gun when s/he has been convicted of certain crimes. Under federal law, a person with a felony or domestic violence misdemeanor conviction cannot have a gun. Additionally, most state laws restrict someone with a felony conviction and certain other convictions from having or buying a gun.

Additionally, if you have a restraining order against the abuser, then it is possible that the abuser could be restricted from having or buying a gun. Some restraining orders include a provision that explicitly says the abuser cannot have a gun while the order is in effect. If the abuser has a gun, then it may be a violation of the order. Also, federal gun laws and some state gun laws restrict an abuser from having a gun when s/he is subject to a restraining order, in certain situations. You can select your state from the dropdown in our State Gun Laws section to read more. You can also read our Federal Gun Laws section for more information.