State Gun Laws

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:

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:
   • 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

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), (2)(b)