If the abuser's gun is taken away, what will happen to it?
In Ohio, a police officer that responds to the scene of a crime will take (seize) any weapon used or threatened to be used in the incident.1 Once a gun has been seized by police, it will be held by the police, destroyed, sold at auction, or sold by a licensed firearm dealer.2
If the abuser has a concealed handgun license and s/he is arrested, charged with a crime, or has a protection order against him/her, the sheriff who issued the license will send a notice via certified mail to the abuser saying that the abuser has ten days to turn in the gun to the sheriff.3
1 Ohio Rev. Code § 2935.03(B)(3)(h)
2 Ohio Rev. Code § 2981.12(A)(2)
3 Ohio Rev. Code § 2923.128(A)(3)
Who do I notify if I think the abuser should not have a gun?
If you think the abuser is violating state firearm laws, you can call your local police or sheriff department or the state police. If you think the abuser is violating federal firearm laws, you can call the Bureau of Alcohol, Tobacco and Firearms (ATF).
You can find contact information for sheriff departments in your area on our Ohio Sheriff Departments page.
You can find ATF field offices in Ohio on the ATF website. For reporting illegal firearm activity, a person can also call 1-800-ATF-GUNS (1-800-283-4867). Many ATF offices have victim advocates on staff (called “victim/witness coordinators”) and so perhaps you may ask to speak one of these advocates if you are having a hard time connecting with (or receiving a call back from) an ATF officer.
A local domestic violence organization in your area may also be able to answer your questions and assist you in talking to the necessary law enforcement officials. You will find contact information for organizations in your area on our Ohio Advocates and Shelters page.
Note: Generally, the abuser does not have to have knowledge of the law in order to be arrested for breaking the law. If the abuser has or buys a gun in violation of the law, the abuser can be arrested, whether or not s/he knows that s/he was in violation of the law.1
1United States v. Lippman, 369 F. 3d 1039 (8th Cir. 2004); United States v. Henson, 55 F. Supp. 2d 528 (S.D. W.V. 1999)
What is the penalty for violating the federal firearm law?
Under Ohio law, anyone who has a gun while s/he is prohibited from possession because of any of the restrictions listed in I am a victim of domestic violence and the abuser has a gun. Is that legal? is guilty of a felony in the third degree.1 A felony in the third degree is punishable by a prison sentence of up to 36 months.2
Federal laws, which apply to all states, may impose additional penalties for violating federal gun laws under certain circumstances. Go to Federal Gun Laws to get more information.
1 Ohio Rev. Code § 2923.13(B)
2 Ohio Rev. Code § 2929.14(A)(3)(b)
What will happen if the abuser tries to purchase a gun?
Before purchasing a gun from a licensed firearm dealer, all buyers must undergo a criminal background check that is processed through the National Instant Criminal Background Check System (NICS). The National Instant Criminal Background Check System is used by federal firearms licensees (FFLs), such as firearms dealers or pawnbrokers, to instantly determine whether someone is eligible to receive (own, possess, transport) firearms or explosives.1 If the abuser has a qualifying protection order against him/her, or has been convicted of a felony or domestic violence misdemeanor in any state, those records should be in the NICS, which should prevent the abuser from legally buying a gun. Not all states have automated record keeping systems, making it more difficult to process the criminal background check, and some criminals and abusers do slip through the system. Also, it is important to know that background checks are not required for private and online gun sales and so in those situations, the seller is not looking in the NICS.
If the abuser is able to purchase a gun and you believe that s/he should not be able to have one under the law, you can alert the police, and ask that his/her gun be taken away and perhaps the police will investigate. Generally, it is not a good idea to assume that because the abuser was able to buy a gun, it is legal for him/her to have one.