Legal Information: North Dakota

State Gun Laws

November 9, 2022

I have a temporary order against the abuser. Do I have to wait until I receive a final order before the abuser's gun is taken away?

It depends.  In an ex parte temporary domestic violence protection order, the judge can order the abuser to hand over any firearms in his/her possession to the authorities and forbid him/her from buying firearms if the judge believes that the abuser is likely to use, display or threaten to use the firearm in further acts of violence.1

Federal law may also prohibit the abuser from having a firearm while a temporary order is in effect but it’s not likely.  If the judge gave you an ex parte temporary protection order (which means that no advance notice was given to the abuser), which is commonly done, it could still be legal for him/her to have a gun under federal law.  However, if the judge scheduled a court hearing and gave notice of the hearing to the abuser before giving you the temporary protection order, it is possible that it is illegal for him/her to have a gun under federal law.  The protective order must also meet certain other requirements, though.  Read I have a final order of protection against the abuser. Can his/her gun be taken away? (in our Federal Gun Laws section) to find out more.

1 ND Statutes § 14-07.1-03(2)(d)

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