I do not have a restraining order against the abuser, and s/he has not been convicted of a crime. Can s/he have a gun?
Even if the abuser has not been convicted of a crime and you do not have a protective order against him/her, there are other reasons that s/he may not be able to legally possess a firearm under Oklahoma law. In Oklahoma, a person who is under age 18 cannot have a gun unless his/her parent or legal guardian allows him/her to use one for hunting, target shooting, training, or safety courses.
In addition, a person cannot get a handgun license for a certain period of time if any of the following are true:
- s/he has been to impatient treatment for substance abuse;
- s/he has:
- been currently undergoing treatment for a mental illness, condition, or disorder;
- undergone treatment for a mental illness, which required medication or supervision; or
- been involuntarily committed for mental illness;
- been declared mentally incompetent;
- s/he has attempted suicide within the past ten years;
- s/he is an “adjudicated delinquent;” or
- s/he has a convicted felon (or an “adjudicated delinquent”) living in his/her home.1
The sheriff department or ATF branch office may also be able to help. You can find contact information for your local sheriff on our Oklahoma Sheriff Departments page. See Who do I notify if I think my abuser should not have a gun? to find contact information for an ATF branch office near you.
If none of these situations apply, you can still make a plan for your safety. See our Safety Planning page for more information. You can also contact your local domestic violence program for additional help. You may want to talk to them about whether leaving the area - either long term or for a little while - might help improve your safety. See our Oklahoma Advocates and Shelters page.
For additional information on gun laws in Oklahoma, you can go to the Giffords Law Center website
Also, federal laws, which apply to all states, restrict an abuser’s right to have a gun under other circumstances. Go to Federal Gun Laws to get more information.
1 21 O.S. § 1290.11