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.1
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.
1 23 V.I.C. § 456a