I have a final order of protection against the abuser. Can his/her guns be taken away?
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 according to New York state law (explained below).
Under New York state law, 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:
The order of protection must say that the abuser has to surrender his/her guns/license for it to be illegal under New York 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.
Federal laws, which apply to all states, restrict an abuser’s right to have a gun if you have a final protection order against him/her that meets certain requirements even if the judge does not specifically include on the order that s/he cannot have a gun. Go to the Federal Gun Laws page to get more information.
1 NY Family Court Act § 842-a(2)(a),(b)