Is there anything I can do to make it more likely that the abuser's gun is taken away when I get a Protective Order?
While it does not need to be written on your Protective Order (PO) that your abuser cannot own, buy or have a gun in order for the law to be enforced, it may make it easier if it is written. New Hampshire state law specifically says that a person who has a PO order against them cannot have a license to own or buy a gun, which means that they cannot buy a new gun or keep the one they already have. However, sometimes it is not always clear to law enforcement officials that your abuser’s gun should be taken away when the PO is issued. There are a couple steps you can take to help make this clear:
- If your abuser has a gun, tell the judge how many guns he has, and if he has ever threatened you with a gun(s).
- Before leaving the courthouse, check to make sure that the gun restriction is written on your PO order.
In New Hampshire, your abuser cannot get his gun(s) back without the approval of the court. This applies whether the gun is stored with the police or a private individual. You will have an opportunity to be at the hearing when the court decides whether or not to return your abuser’s gun(s).1
1N.H. Rev. Stat. 173-B:5 (X)