I do not have a protection from abuse order against the abuser, and s/he has not been convicted of any crime. Can s/he still have a gun?
Even if the abuser was never convicted of a crime and you do not have a protection from abuse order against him/her, Kansas state law says that it is illegal for the following people to own or possess a gun:
- a person under 18, unless the barrel of the gun is at least 12 inches long;
- a person who is addicted to, and illegally using, drugs;
- a person who is/was mentally ill or an alcohol/drug abuser and subject to involuntary commitment for care and treatment;
- someone who is a fugitive from justice; and
- an immigrant who is not authorized to be in the United States.1
If any of these situations apply to the abuser, please talk to an advocate in your area about how this law is being enforced. If none of these situations apply, you can still make a plan for your safety. See our Safety Tips 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. See our Places that Help page to find a local domestic violence organization near you.
Also, federal laws, which apply to all states, restrict an abuser’s right to have a gun under other circumstances. Go to Federal Gun Laws to get more information.
For additional information on gun laws in Kansas, you can go to the Giffords Law Center website.
1 Kan. Stat. §§ 21-6301(a)(10), (a)(13) - (16); 21-6302