I am a victim of domestic violence and the abuser has a gun. Is that legal?
Alabama state law says that the following people cannot have a firearm:
- anyone who is subject to a valid protection order for domestic abuse, issued after notice to the abuser and a hearing;
- anyone who has been convicted in Alabama or in another state of committing or attempting to the following crimes:
- a crime of violence,1 which is defined as:
- murder;
- manslaughter;
- rape;
- mayhem;
- assault with intent to rob, ravish, or murder;
- robbery;
- burglary;
- kidnapping; and
- any Class A felony or any Class B felony that has as an element serious physical injury, the distribution or manufacture of a controlled substance, or is of a sexual nature involving a child under the age of 12;2
- a misdemeanor offense of domestic violence;1
- one of 51 violent offenses listed in the law, including stalking, domestic violence, domestic violence by strangulation or suffocation, and more;3 (Note: You can read the whole list of 51 crimes on our Selected Alabama Statutes page, sub-section 15 of section 12-25-32);
- a crime of violence,1 which is defined as:
- someone who is of “unsound mind,” which is defined in sub-section f of section 13A-11-72 of the law;
- someone who is addicted to drugs;
- someone who is an “illegally or unlawfully” in the United States or who has a nonimmigrant visa;
- a minor, unless the minor is being supervised by a parent and following the rules explained in sub-section f of section 13A-11-72 of the law; and
- someone who regularly abuses alcohol, known in the law as a “habitual drunkard”.4
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.
1 Alabama Code § 13A-11-72(a), (h)(8)
2 Alabama Code § 13A-11-70(4)
3 Alabama Code §§ 13A-11-72(a); 12-25-32(15)
4 Alabama Code § 13A-11-72(a), (b), (c)