English
EspañolI have a temporary or final domestic violence order (EPO or DVO) against the abuser. Can s/he keep a gun or buy a new gun?
Kentucky does not have a law that prevents someone who has any kind of protective order against him/her from owning or buying any kind of gun.1
However, federal laws restrict an abuser’s right to have a gun if you have a final domestic violence order against him/her that meets certain requirements. Federal laws apply to all states and territories. Go to our Federal Gun Laws page for more information.
1 See Domestic Violence & Firearms in Kentucky, Giffords Law Center
I have a temporary or final interpersonal protective order (TIPO or IPO) against the abuser. Can s/he keep a gun or buy a new gun?
Kentucky does not have a law that prevents someone who has any kind of protective order against him/her from owning or buying any kind of gun.1
Furthermore, the federal laws that restrict gun ownership while a protective order is in effect do not apply to the types of relationships covered by a TIPO or an IPO.2 Go to our Federal Gun Laws page for more information.
1 See Domestic Violence & Firearms in Kentucky, Giffords Law Center
2 18 U.S.C. § 922(g)(8)(B)
Is there anything I can do to make it more likely that the abuser's gun is taken away when I get a domestic violence order?
Here are some steps you can take to try to increase the chances that a judge will order the removal of guns:
- Tell the judge if the abuser has ever threatened you with a gun.
- Tell the judge everything you know about the abuser’s guns. Explain how many guns the abuser has, what types they are, and where they are kept.
- Ask the judge to write in your protective order that the abuser cannot buy or have a gun while the order is in effect. There should be a box in the petition that you can check off to request this.
If the judge agrees that the abuser cannot keep his/her guns while the protective order is in effect, you may also want to ask the judge to:
- require the abuser to give his/her guns to the police, or give the police the power to go to the abuser’s house and get them;
- clearly state how long the guns will be kept away from the abuser; and
- have the police tell you when the guns are returned to the abuser.
Note: There is a federal law that says some abusers cannot have a gun while a protective order is in effect, even if the judge doesn’t write it in the order. You can learn more on our Federal Gun Laws page.
