English
EspañolI have a protection order against the abuser. Can s/he have or buy a gun?
The law says that a person cannot have a gun if s/he has a court order against him/her, which includes an order for protection or a gun violence protective order, that:
- prohibits that person from contacting, threatening, or physically abusing another person; and
- specifically includes a statement that possession of a firearm by the person named in the order is prohibited.1
In this case, the abuser will have to give any guns that s/he has to law enforcement to hold onto while the order is active or s/he could be charged with a misdemeanor.2
If your temporary or final order has these restrictions, then the abuser likely cannot have a gun. In addition, federal laws, which apply to all states, restrict an abuser’s ability to have a gun when a final order for protection is in place that meets certain requirements. Go to I have a final order of protection against the abuser. Can his/her gun be taken away? in our Federal Gun Laws section for more information.
1 Haw. Rev. Stat. § 134-7(f)
2 Haw. Rev. Stat. § 134-7(g)
Is there anything I can do to make it more likely that the abuser's gun is taken away when I get an order for protection?
Depending on the judge in your case, there may be some things you can do to increase the chances that the judge will require that an abuser’s guns are taken away. Keep in mind these tips may or may not result in the outcome that you are hoping for. Every judge is different. However, here are a few suggestions that may help:
- If the abuser has a gun, tell the judge how many guns s/he has, and if s/he has ever shown you the guns or displayed them as a way to intimidate you and maintain control over you.
- Ask the judge to specifically write in your order for protection that the abuser cannot own, buy or have a gun while the order is in effect. The form that you will have to fill out to petition for an order for protection will have a place where you can request additional protections. You can ask that the abuser’s gun(s) be taken away in that section.
- 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 order for protection 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; and
- order that the police notify you when the guns are returned to the abuser.
- If the gun restriction is granted, check to make sure that it is written on your order before leaving the courthouse.
