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July 7, 2023Can the abuser's guns be taken away as part of a final order of protection?
With a final order of protection, the judge is supposed to take away the abuser’s guns and revoke his/her gun license if the judge determines that either of the following are true:
- 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
- the judge believes that the conduct (acts) which resulted in your getting the order of protection was based upon the abuser:
- causing you serious physical injury;
- using or threatening to use a deadly weapon or dangerous instrument; or
- doing something that would be considered a violent felony offense.1
1 NY Family Court Act §842-a(2)(a), (2)(b)
