I have an order for protection against the abuser. Can his/her gun be taken away?
If you have a final order for protection against the abuser, Minnesota law states that a judge must order the abuser not to possess firearms for the time that the order is in effect, if the order:
- instructs the abuser not to harass, stalk, or threaten you, or engage in other conduct that would place you in reasonable fear of bodily injury; and
- includes a finding, in the judge’s determination, that the abuser represents a credible threat to your physical safety or prohibits the abuser party from using, attempting to use, or threatening to use physical force against you.1
In addition, your order should automatically contain a notice of the federal firearms prohibition.2 You can learn more about federal firearms restrictions in our Federal Gun Laws section.
1 MN Statutes § 518B.01(6)(g)
2 MN Statutes § 518B.01(18)(a)(4)