Legal Information: Alaska

State Gun Laws

October 5, 2018

I have a temporary protective order against the abuser. Do I have to wait until I receive a long term, final order before his/her gun is taken away?

Maybe.  Alaska state law does not allow the judge to order the removal of the respondent's guns as part of a temporary protective order.1  However, it may be illegal under federal law.  If the judge gave you an ex parte temporary protective order (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 protective order, it is possible that it is ILLEGAL for him/her to have a gun under federal law.2  The order of protection must also meet certain other requirements, though. Read I have a long-term, final protective order against my abuser. Can s/he keep a gun or buy a new gun? to find out more.

While waiting for the court to issue you a permanent order, you can take steps to keep yourself safe. Please see our Safety Tips page for information on keeping safe, especially in rural areas.

1 Alaska Statute § 18.66.110(a); § 18.66.100(c)(6)
2 18 USC § 922(g)(8)