I have a domestic violence order against the abuser. Can s/he keep a gun or buy a new gun?
Probably not. Under Kentucky state law, a person will be denied a license to carry concealed firearms, ammunition, or other deadly weapons if or if s/he already has a license to carry, it will be suspended or revoked if s/he has a domestic violence order issued against him/her and all of the following are true:
- it was issued after notice and a hearing;
- the order restrains him/her from:
- harassing, stalking, or threatening an intimate partner (or the partner's child); or
- engaging in other conduct that would place an intimate partner in reasonable fear of bodily injury to the partner (or the partner's child); and
- it includes a finding that s/he represents a credible threat to the physical safety of an intimate partner (or the partner's child) or it specifically prohibits the use, attempted use, or threatened use of physical force against an intimate partner (or the partner's child) that would reasonably be expected to cause bodily injury.1
If the abuser already has a license to carry concealed firearms and you get a domestic violence order (or an emergency protective order) against him/her, s/he has to surrender that license to the court or to the law enforcement officer who serves him/her with the order. The license will then be suspended until the order is terminated (or until the judge who issued the order terminates the suspension of the license before the order ends).2 The failure of a license holder to surrender his/her license if any of the above conditions apply is considered a Class A misdemeanor crime.3
Note: If the abuser is a peace officer and an emergency protective order or domestic violence order is issued against him/her, s/he cannot carry a concealed deadly weapon while off-duty (but s/he can use it while on duty).2
Also, federal laws, which apply to all states, restrict an abuser's right to have a gun if you have a final domestic violence order against him/her that meets certain requirements. Go to the Federal Gun Laws page to get more information.
11 KRS § 237.110(4),(13)(a),(b); 18 USC § 922(g),(n)
2 KRS § 237.110(13)(k)
3 KRS § 237.110(13)(i)