If the abuser's gun is taken away, what will happen to it?
If the judge decides that the abuser cannot have a gun while your protection from abuse order is in effect, the judge also should describe within the protection from abuse order what type of gun/weapon your abuser cannot have. You can ask the judge to include this description in the order.
Once the abuser is served (given notice) with the protection from abuse order, the court should tell the abuser to give all of his/her guns and other dangerous weapons to a law enforcement officer or other individual within 24 hours after receiving notice of the order. Note: If the abuser is at the protection from abuse hearing, s/he can be told all of this information at the hearing. In such instances, the abuser must give up all of his/her guns and/or weapons 24 hours after the hearing takes place.
If the abuser decides to give his/her gun(s) to an individual other than a law enforcement officer (such as a friend or family member), the abuser must file a written statement, in which the abuser notes the name and address of the person holding the guns and a description of each gun being held, with the court or law enforcement agency designated in the order.
Note: If there is reason to believe that the abuser did not give his gun(s) away, the court can send a law enforcement officer to search the abuser's house (or other location) and take away any guns located there.1 You can also call your local police department to ask them to do this task. We have contact information for sheriff departments on our ME Sheriff Departments page.
1 ME ST. T. 19-A § 4007(1-A)