I have an abuse prevention order against the abuser. Can s/he keep a gun or buy a new gun?
Under Massachusetts state law, a person cannot get a license to carry or possess a firearm if s/he is subject to an "order for suspension and surrender of firearms license" as part of a temporary or ex parte abuse prevention order or is subject to a final abuse prevention order issued in Massachusetts or another state.* An "order for suspension and surrender of firearms license" is supposed to be issued as part of a temporary abuse prevention order if if the judge thinks there is a substantial likelihood that you are in immediate danger of abuse.**
Also, according to federal law, if you have an abuse prevention order that was issued by a state civil court against the abuser and meets federal law requirements, the abuser cannot have a gun in his/her possession or buy a new gun.*** Note: This law may not apply to law enforcement officials, military personnel, and other government employees who use guns while performing official duties.**** If the abuser is a police officer, member of the military, or someone else who uses a gun for his/her job, talk to your local domestic violence program about your options. To find a shelter or an advocate at a local program, please visit the MA Advocates and Shelters page.
* Mass. Gen. Laws 140 § 131(d)(vi)
** Mass. Gen. Laws 209A § 3B
*** 18 USC § 922(g)(8)
**** 18 USC § 925(a)(1)