Will the military take away the abuser's firearms?
If the abuser is a member of the military or is a civilian employee of the military and has:
- a misdemeanor or felony conviction for a crime of domestic violence in a civilian court, or
- a conviction for a crime of domestic violence at a general or special court-martial,
then the military can:
- take any government-issued firearms and ammunition, and
- suspend the individual’s authority to possess government-issued firearms and ammunition.*
The military will not take away firearms for:
- summary court-martial convictions,
- nonjudicial punishment,
- deferred prosecutions in civilian courts, or
- determinations of "substantiated" abuse by the FAP Case Review Committees.*
Since MPOs are issued administratively by the commander, they are considered "nonjudicial." So, if you have an MPO, the military will not take away the abuser's firearms unless s/he also has a conviction of domestic violence.*
Note: It is also important to note that this removal of guns is not always enforced.
* See Family Advocacy Program Commander's Guide, pages 39 to 45