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EspañolIf the abuser's gun is taken away, what will happen to it?
Under Puerto Rico law, when a protection order is issued, the abuser’s license to carry a firearm is suspended and any guns the abuser has must be turned over to the police. This suspension will last at least until the order of protection expires. If there is a conviction based on a violation of the order of protection, the abuser’s gun license will be permanently revoked and all firearms will be taken away.1
As long as the firearms haven’t been used in a crime, the gun owner can sell, donate, or hand over the gun(s) to someone with a valid gun license or to a gunsmith instead of turning them over to the police.2
Additionally, a police officer may temporarily take (seize) a gun, gun license, and ammunition if:
1. the officer believes that the person with the gun:
- has or will use the gun to illegally harm another person;
- has threatened to commit a crime;
- has said that s/he wants to commit suicide;
- has shown that s/he is repeatedly careless in handling the gun;
- has a mental condition; or
- is an alcoholic or a drug addict; or
2. there is an emergency situation of serious risk or danger that requires that a gun be taken away.3
Guns and ammunition that have been taken (seized) by the police or voluntarily given to the police will be stored in the police arms and ammunition depot. Guns that are not returned to their owners after at least three years in police custody may be destroyed, sold, exchanged, donated, or assigned.4
1 8 L.P.R.A. § 621
2 25 L.P.R.A. § 462h
3 25 L.P.R.A. § 462l
4 25 L.P.R.A. § 467h
Who do I notify if I think the abuser should not have a gun?
If you think the abuser is violating Puerto Rico’s firearm laws, you can call your local 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 the contact information for the Miami ATF field office (which covers Puerto Rico) 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 PR 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 Puerto Rico’s firearm laws?
Under Puerto Rico law, if a person without a weapons license owns a gun, s/he is guilty of a felony that is punishable by a five-year prison sentence.1 If the person carries, uses, or shows in a threatening manner (brandishes) the gun without a license, s/he is guilty of a felony that is punishable by a ten-year prison sentence.2 These prison terms might also be increased or decreased depending on the circumstances of the crime.3
1 25 L.P.R.A. § 466g
2 25 L.P.R.A. § 466d
3 25 L.P.R.A. §§ 466d; 466g
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 and territories 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.
