English
EspañolI have a protection order against the abuser. Can they have or buy a gun?
There is nothing specific in Mississippi’s laws that would make it illegal for a person who has a protection order against them to have a gun. The law does not specifically give a protection order judge the power to make an abuser turn in their firearms.1
However, federal laws, which apply to all states, restrict a person’s right to have a gun under certain circumstances. This includes when there is an order of protection that was issued after notice to the abuser and a hearing. Go to our Federal Gun Laws page for more information.
1 See Miss. Code § 93-21-15(1)(a), (2)(a)
Is there anything I can do to make it more likely that the abuser's gun is taken away when I get a protection order?
Although Mississippi law doesn’t specifically authorize a judge to remove the abuser’s firearms in a protection order, the law does say that the judge is “not limited to” only granting the protections that are listed in the law.1
There may be some things you can try that might make a judge more likely to decide the law lets them order the abuser to give up their firearms. Keep in mind that these tips may or may not result in the outcome you are hoping for. Every judge is different. However, here are a few general suggestions that may help:
- If the abuser has a gun and you are worried about your safety, let the judge know. You can share:
- how many guns the abuser has;
- what kinds of guns they are;
- any specific information you have about where the guns are kept; and
- if the abuser has ever threatened you with them.
- If the judge grants your petition to take the guns away from the abuser, you can ask them to include the following in the order:
- if the police can go to the abuser’s house to take the guns or where the abuser has to surrender their guns;
- what will happen to the guns;
- how long the guns will be kept away from the abuser; and
- to order that the police notify you when the guns are returned to the abuser.
1 See Miss. Code § 93-21-15(2)(a)
