If the abuser's gun is taken away, what will happen to it?
If the abuser’s license to carry concealed firearms is suspended or revoked for any of the reasons mentioned in I am a victim of domestic violence and the abuser has a gun. Is that legal?, the commissioner of the Department of Kentucky State Police will either:
- order any peace officer to seize (take) the license; or
- direct the abuser to surrender the license to the sheriff within two business days of receiving the notice of suspension (and then send a law enforcement officer to seize it if s/he doesn’t surrender it within that timeframe).1 However, if the license is suspended due to an emergency protective order or a domestic violence order being issued, the abuser has to surrender that license to the court or to the law enforcement officer who serves him/her with the order2 (which might happen before s/he gets the notice of suspension).
If the abuser doesn’t surrender a suspended or revoked license as ordered, it is a Class A misdemeanor crime.3
Although the law is clear about what will happen to an abuser’s license to carry concealed weapons if it is suspended or revoked, the law is less specific about what will happen to the abuser’s actual firearms. The law says that during an emergency protective order or domestic violence order proceeding, the judge is supposed to “inform the respondent regarding the purchase of a firearm, and the surrender of same” as well as regarding the “confiscation, retention, and return of firearms.”4
To find out how law enforcement or the courts in your county generally deal with the surrender of an abuser’s actual firearms, you may want to talk to an advocate at your local domestic violence program. Go to our KY Advocates and Shelters page for a listing of organizations in your county.
1 KRS § 237.110(13)(c),(h)
2 KRS § 237.110(13)(k)
3 KRS § 237.110(13)(i)
4 Kentucky FCRPP 13(6)