English
EspañolI have a restraining order against the abuser. Can s/he keep a gun or buy a new gun?
If a judge grants you a final domestic abuse injunction, the judge must order the abuser to hand over any firearms in his/her possession to the authorities and forbid him/her from buying firearms, unless the abuser is a peace officer and is required to possess a gun as a condition of his/her job.1
In addition, it is a Class G felony under Wisconsin law 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.2
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.3 To read more information, go to our Federal Gun Laws pages.
1 Wis. Stat. § 813.12(4m)(a)(2), (4m)(ag)
2 Wis. Stat. § 941.29(1m)(f), (1m)(g)
3 18 USC 922(g)(1), (g)(9)
Is there anything I can do to make it more likely that the abuser's gun is taken away when I get a restraining order?
Wisconsin state law specifically says that if a judge grants you a final domestic abuse injunction, the judge must order the abuser to hand over any firearms in his/her possession to the authorities and forbid him/her from buying firearms, unless the abuser is a peace officer and is required to possess a gun as a condition of his/her job.1 However, you may also want to ask the judge to specifically write in the terms of the order that the abuser must give up his/her firearms. It also may be helpful if the judge:
- requires the abuser to give his/her guns to the police, or requires the police to go to the abuser’s house and get them;
- makes it clear to both you and the abuser how long the guns will be kept away from the abuser; and
- orders that the police notify you when the guns are returned to the abuser.
1 Wis. Stat. § 813.12(4m)(a)(2), (4m)(ag)
