I have a permanent order of protection against the abuser. Can s/he keep a gun or buy a new gun?
Under Arizona state law, if the judge thinks that the abuser is a threat to you or to anyone else protected in the order, the judge can write on the order of protection that the abuser cannot have or buy a gun. The judge should also order the abuser to give the gun(s) s/he has to a law enforcement agency within 24 hours of being served with the order.1 The ban on guns would be valid for as long as the order of protection lasts. In Arizona, orders of protection are valid for one year after the date the abuser was given notice of the order.2
Federal laws, which apply to all states, restrict an abuser’s right to have a gun if you have a restraining order against him that meets certain requirements even if the judge does not specifically include on the order that he cannot have a gun. Go to Federal Gun Laws to get more information.
If you are afraid for your safety, talk to your local domestic violence program about your options. Go to the AZ Advocates and Shelters to find a program in your area.
1 A.R.S. § 13-3602(G)(4)
2 A.R.S. §13-3602(K)