WomensLaw serves and supports all survivors, no matter their sex or gender.

Legal Information: Georgia

State Gun Laws

Laws current as of October 31, 2023

I have a temporary protective order against the abuser. Can his/her gun be taken away?

Georgia law does not prohibit an abuser who has a temporary protection order against him/her from possessing a firearm. However, you may be able to request in your petition for a temporary protective order that the judge prohibit the abuser from possessing a gun while the order is in effect.  It may be helpful if you list the known firearms that s/he has (or the possible access to firearms) and specifically request in your paperwork that the abuser be prohibited from possessing firearms while your temporary order is in effect.

Federal law may also prohibit the abuser from having a firearm while a temporary order is in effect but it’s not likely.  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.  The protective order must also meet certain other requirements, though.  Read I have a final order of protection against the abuser. Can his/her gun be taken away? in our Federal Gun Laws section to find out more.