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Legal Information: New York

State Gun Laws

April 12, 2019

Is there anything I can do to make it more likely that the abuser's gun is taken away when I get an order of protection?

Here are some suggestions of what you can do:

  • If the abuser has a gun, tell the judge how many guns s/he has, and if s/he has ever threatened you with a gun(s).
  • Ask the judge to check the box on the order of protection form that says the abuser (respondent) must surrender his/her guns and the box that says the respondent’s firearm license is suspended or revoked. If the judge agrees to do so, look to make sure that the box is checked on your order before leaving the courthouse.

If the judge takes away the guns, you may also want to ask the judge to:

  • Require the abuser to give his/her guns to the police, or require the police to go to the abuser’s house and get them.
  • Explain what will happen to the abuser’s guns (where they will be held).
  • Make it clear to both you and the abuser how long the guns will be kept away from the abuser.
  • Order that the police notify you when the guns are returned to the abuser.