I have a restraining order against the abuser. Can s/he keep a gun or buy a new gun?
Virgin Island law says that a person cannot have or buy a gun if s/he is subject to a restraining order that:
- was issued after a hearing of which s/he received actual notice, and at which s/he had an opportunity to participate; and
- restrains the person from harassing, stalking, or threatening an intimate partner or his/her child or engaging in other conduct that would place an intimate partner in reasonable fear of bodily injury to the partner or child; and
- includes a finding that the person represents a credible threat to the physical safety of such intimate partner or child; or explicitly prohibits the use, attempted use, or threatened use of physical force against such intimate partner or child that would reasonably be expected to cause bodily injury.*
Federal laws, which apply to all states and territories, also restrict a person's right to have a gun under certain circumstances. Go to Federal Gun Laws to get more information.
If you need help to understand whether your restraining order meets these requirements, you can ask a lawyer or go VI Advocates and Shelters to find a domestic violence program in your area.
* 23 V.I.C. § 456a