I do not have an order of protection against the abuser, and s/he has not been convicted of a crime. Is there anything I can do?
In Arizona, there are other circumstances under which it is illegal to have a gun. If the abuser is under 21 (or for those currently in the military or honorably discharged, under 19), not a U.S. citizen, has been found by a court to be a danger to him/herself or to others (or mentally ill1) or is an undocumented immigrant or a “nonimmigrant” who is traveling here for business or pleasure, it may be illegal for him/her to have a gun. Also, if the abuser was charged with a crime but found incompetent to stand trial by the court and has still not been declared competent, s/he cannot have a gun in his/her possession.2
If this is your situation, please talk to an advocate or lawyer in your area about how this law is being enforced. Go to the AZ Advocates and Shelters page for local programs.
If none of these situations apply, you can still make a plan for your safety. See our Safety Planning page for more information. You can also contact your local domestic violence organization for additional help. You may want to talk to them about whether leaving the area - either long-term or for a little while - might help improve your safety.
For additional information on gun laws in Arizona, you can go to the Giffords Law Center website.
1 A.R.S. § 13-3112(E)(1), (E)(2), (E)(4)
2 A.R.S. § 13-3101(A)(7)
I've read through all of this information, and I am still confused. What can I do?
Trying to understand both federal and state law can be confusing, but there are people out there who can help you better understand the law and your rights under the law.
- You can contact the National Center on Full Faith and Credit to get more information about the federal firearm law and how it applies to you: 1-800-903-0111.
- You can contact a local domestic violence organization in your area (See our AZ Advocates and Shelters page under the Places that Help tab at the top of this page to find a program in your area.)
- You can write to our Email Hotline.