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Legal Information: New York

Restraining Orders

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November 9, 2020

Can the abuser's guns be taken away as part of a final order of protection?

With a final order of protection, there are certain cases where the judge is supposed to take away the abuser’s guns and revoke his/her gun license.

The judge is supposed to take away the abuser’s guns (including rifles and shotguns) and revoke his/her gun license if the judge determines that either of the following are true:

  1. there is a “substantial risk” that the abuser may use or threaten to use a gun against you or anyone else on your order of protection (such as your children); or
  2. the judge believes that the conduct (acts) which resulted in your getting the order of protection was based upon the abuser:

The order of protection must say that the abuser has to surrender his guns/ license (usually a box is checked on page 2) for it to be illegal under NY state law (although it could still be illegal under federal law even if not written as a term of your order). If the judge does not mention it in court and you want the guns to be removed, be sure to speak up and ask the judge to do this.

1 NY Family Court Act §842-a(2)(a), (2)(b)