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Legal Information: Alaska
Updated: December 19, 2018
I have a temporary protective order against the abuser. Can his/her gun be taken away?
Alaska state law does not allow a judge to order the removal of the guns as part of an emergency protective order or a temporary ex parte order. Removal of guns can only be ordered as part of a final protective order.1
In addition, 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
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), (c)(7)
2 18 USC § 922(g)(8)
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