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Legal Information: New York

State Gun Laws

Updated: 
July 7, 2023

I have a temporary order of protection against the abuser. Can his/her guns be taken away?

With a temporary order of protection, the judge should take away the abuser’s guns and suspend his/her gun license if any of the following exist:

  • the judge finds that 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);
  • the abuser has a prior conviction of a violent felony offense;  
  • the abuser has been convicted in the past of stalking; or
  • a judge found that the abuser “willfully” (purposefully) violated an order of protection in the past and, in committing such violation, the abuser caused you serious physical injury; or used or threatened to use a deadly weapon or dangerous instrument; or his/her behavior qualified as a violent felony offense.1 

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

 

 

 

 

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