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EspañolIf the abuser's gun is taken away, what will happen to it?
Under Utah state law, if law enforcement responds to an allegation of domestic violence, they may take any weapons involved in the incident to prevent further violence. The weapons will be held by the police and returned to the abuser if a protective order is not issued, or when the order ends if a protective order is issued.1
There are no other laws in Utah about how an abuser must give up (“relinquish”) a firearm when an abuser is or becomes ineligible to have or buy a gun. Just because your protective order says that the abuser cannot have a gun, do not assume that the abuser’s gun will be taken away or that s/he will not be able to get a gun. It is important to keep this in mind when safety planning. However, if a person has a gun when they are not allowed to, it may be a violation of Utah’s criminal laws and could be reported to law enforcement.
1 UT Code § 77-36-2.1
Who do I notify if I think the abuser should not have a gun?
If you think the abuser is violating state firearm laws, you can call your local police or sheriff department or the state police. If you think the abuser is violating federal firearm laws, you can call the Bureau of Alcohol, Tobacco and Firearms (ATF).
You can find contact information for sheriff departments in your area on our UT Sheriff Departments page.
You can find ATF field offices in Utah on the ATF website. For reporting illegal firearm activity, a person can also call 1-800-ATF-GUNS (1-800-283-4867). Many ATF offices have victim advocates on staff (called “victim/witness coordinators”) and so perhaps you may ask to speak one of these advocates if you are having a hard time connecting with (or receiving a call back from) an ATF officer.
A local domestic violence organization in your area may also be able to answer your questions and assist you in talking to the necessary law enforcement officials. You will find contact information for organizations in your area on our UT Advocates and Shelters page.
Note: Generally, the abuser does not have to have knowledge of the law in order to be arrested for breaking the law. If the abuser has or buys a gun in violation of the law, the abuser can be arrested, whether or not s/he knows that s/he was in violation of the law.1
1United States v. Lippman, 369 F. 3d 1039 (8th Cir. 2004); United States v. Henson, 55 F. Supp. 2d 528 (S.D. W.V. 1999)
What is the penalty for violating the state's firearm laws?
Under Utah state law, any violation of a protective order, including a violation of the firearms restriction, is a Class A misdemeanor and can be punished by a fine of up to $2,500, jail time of up to one year, or both.2
1 UT Code §§ 76-5-108(1); 76-3-301(1)(c); 76-3-204(1)
What will happen if the abuser tries to purchase a gun?
Before purchasing a gun from a licensed firearm dealer, all buyers must undergo a criminal background check that is processed through the National Instant Criminal Background Check System (NICS). The National Instant Criminal Background Check System is used by federal firearms licensees (FFLs), such as firearms dealers or pawnbrokers, to instantly determine whether someone is eligible to receive (own, possess, transport) firearms or explosives.1 If the abuser has a qualifying protective order against him/her, or has been convicted of a felony or domestic violence misdemeanor in any state, those records should be in the NICS, which should prevent the abuser from legally buying a gun. Not all states have automated record keeping systems, making it more difficult to process the criminal background check, and some criminals and abusers do slip through the system. Also, it is important to know that background checks are not required for private and online gun sales and so in those situations, the seller is not looking in the NICS.
If the abuser is able to purchase a gun and you believe that s/he should not be able to have one under the law, you can alert the police, and ask that his/her gun be taken away and perhaps the police will investigate. Generally, it is not a good idea to assume that because the abuser was able to buy a gun, it is legal for him/her to have one.
