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February 11, 2022Is there anything I can do to make it more likely that the abuser's gun is taken away when I get a PFA?
Here are some things that may help:
- If the abuser has a gun, tell the judge how many gun(s) s/he has, and if s/he has ever threatened you with a gun(s).
- Ask the judge to specifically write in your PFA order that the abuser cannot buy or have a gun while the PFA order is in effect.
- Before leaving the courthouse, check to make sure that the gun restriction is written on your PFA order.
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 the abuser cannot keep his/her guns while the PFA order is in effect, you may also want to ask that the judge:
- Require the abuser to give his/her guns to the police, or require the police to go to the abuser’s house and get them.
- Make it clear to both you and the abuser how long the guns will be kept away from the abuser.
- Order that the police notify you when the guns are returned to the abuser.1
1Americans for Gun Safety; “Domestic Violence and Guns: A Guide to Laws that can Remove Guns from a Domestic Abuser.” Note: This organization is now called Third Way, and no longer publishes this article on their site.
