I have a restraining order against the abuser. Can s/he keep a gun or buy a new gun?
It depends. It is illegal under Wisconsin law (a Class G felony) for a person to possess a firearm if any of the following applies:
- s/he has an injunction issued against him/her for domestic violence or child abuse , including a tribal domestic violence injunction (except the Menominee Indian tribe of Wisconsin); however, for these injunctions, there is an exception for law enforcement or military officers; or
- s/he is subject to an order not to possess a firearm in a harassment restraining order/injunction or an individual at risk restraining order/injunction.*
In addition, if you have a domestic abuse restraining order against the abuser, then federal law states that it is illegal for the abuser to buy, own or have a gun in his/her possession.** To read more information, go to our Federal Gun Laws pages.
* Wis. Stat. § 941.29(1m)(f),(g)
** 18 USC 922(g)(1),(9)