I am a victim of domestic violence and the abuser has a gun. Is that legal?
Missouri state law says that a person cannot have or buy a gun if s/he:
- has been convicted of a felony in Missouri, or convicted of a crime in another state that would be a felony if it were committed in Missouri;
- is a fugitive from justice;
- is habitually intoxicated with alcohol or other substances; or
- is declared mentally incompetent by a judge.1
Note: The gun restriction for people who have committed a felony may not apply to antique firearms, which is defined as a firearm manufactured in or before 1898.2
Missouri law does not specifically grant judges the ability to order that an abuser is not allowed to have or buy a gun in a final order of protection. However, the law does say that a final order can include terms that a judge thinks are needed to keep a victim safe.3 Therefore, if you plan to file for an order of protection, you may want to be sure to specifically ask the judge to include as a term of the order that the abuser cannot have firearms in order to keep you safe. It will be up to the judge whether or not to include this.
If any of these situations apply to the abuser, it may be illegal for him/her to have a gun. Also, federal laws, which apply to all states, may restrict an abuser’s right to have a gun. Go to Federal Gun Laws to get more information.
1 Mo. Rev. Stat. § 571.070.1
2 Mo. Rev. Stat. §§ 571.070.3; 571.010(1)
3 Mo. Rev. Stat. § 455.050.1