I have a final protection from abuse order against the abuser. Can s/he keep a gun or buy a new gun?
Kansas state law says that it is illegal for someone who has a current protection order against him/her (a “respondent”) to have a firearm if the protection order meets the following three conditions:
- It was issued after a hearing for which the respondent received notice of beforehand and s/he had the opportunity to participate in the hearing;
- It restrains the respondent from doing any of the following:
- harassing, stalking, or threatening an intimate partner, the intimate partner’s child, or the respondent’s child; or
- engaging in other conduct that would place an intimate partner in reasonable fear of bodily injury to him/herself or his/her child; and
- The protection order:
- includes a determination (“finding”) by the judge that the respondent represents a “credible threat” to the physical safety of the intimate partner or his/her child; or
- has terms in it that clearly prohibit the use, attempted use, or threatened use of physical force against the intimate partner or his/her child that would reasonably be expected to cause bodily injury.1
Also, federal laws, which apply to all states, restrict a person’s right to have a gun under certain circumstances, including when there is a final order of protection against him/her. Go to Federal Gun Laws to get more information.
1 Kan. Stat. § 21-6301(a)(17)