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April 21, 2021I have a protection order against the abuser. Can s/he keep a gun or buy a new gun?
Nebraska law allows the judge to order that the abuser cannot buy or have a firearm in an ex parte protection order and in a final protection order.1 If this is something that you want in your order, you may want to specifically mention in your petition that the abuser has firearms in his/her possession and that you want the judge to order them to be removed.
1 NE R.S. §§ 42-924(g); 42-925(1)
Is there anything I can do to make it more likely that my abuser's gun is taken away when I get a protection order?
While it does not need to be written on your order that the abuser cannot own, buy, or have a gun in order for the federal law to be enforced, it may make it easier if it is written.
Here are a few things that you may be able to ask for to try to make the firearm prohibition clearer:
- If the abuser has a gun, tell the judge how many guns s/he has, and if s/he has ever threatened you with a gun(s).
- Ask the judge to write into the order for protection that the defendant cannot own, buy or have a gun while the order is in effect.
- Before leaving the courthouse, check to make sure that this is written on your order.
- It also may be helpful if the judge explains what will happen to the abuser’s guns, who will take them, and where they will be held once you leave the courthouse. If the judge agrees to add language that the abuser cannot keep his/her guns while the order is in effect, you may also want to ask that the judge:
- require the abuser to give his/her guns to the police, or require the police to go to the abuser’s house and get them;
- make it clear to both you and the abuser how long the guns will be kept away from the abuser; and
- order that the police notify you when the guns are returned to the abuser.
