I have a temporary order against the abuser. Can his/her gun be taken away?
Missouri law tells a judge what protections s/he is allowed to grant someone in a temporary order of protection. Restricting an abuser’s access to have or buy a gun is not included in the list of protections that can be granted in a temporary order.1
1 Mo. Rev. Stat. § 455.045
I have an order of protection against the abuser. Can s/he keep a gun or buy a new gun?
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.1
However, federal laws, which apply to all states, restrict a person’s right to have a gun under certain circumstances, including when there is an order of protection that was issued after notice to the abuser and a hearing. Go to Federal Gun Laws to get more information.
1 Mo. Rev. Stat. § 455.050.1