I have a final order of protection against the abuser. Can s/he keep a gun or buy a new gun?
South Carolina law makes it illegal for someone to have or buy any firearm or ammunition if there is a valid order of protection issued against him/her from South Carolina or from a court in another state, tribe, or territory and at the time of the hearing, the judge did both of the following:
- made a specific determination (“findings”) that the abuser caused or attempted to cause physical harm, bodily injury, or assault to his/her household member; and
- specifically ordered that the person is prohibited shipping, transporting, receiving, or possessing a firearm or ammunition.1
Also, federal laws, which apply to all states, restrict a person’s right to have a gun under certain circumstances, including when there is a final order of protection against him/her. Go to Federal Gun Laws to get more information.
1 S.C. Code § 16-25-30(A)