Legal Information: Federal

Federal Gun Laws

Updated: 
February 25, 2016

I have a temporary order of protection against the abuser. Can his/her gun be taken away?

Maybe.  If the judge gave you an ex parte temporary order of protection (which means that no advance notice was given to the abuser), which is commonly done, it could still be legal for him/her to have a gun under federal law.  However, if the judge scheduled a court hearing and gave notice of the hearing to the abuser before giving you the temporary order of protection, it is possible that it is illegal for him/her to have a gun under federal law.  The order of protection must also meet certain other requirements, though.  Read I have a final order of protection against the abuser. Can his/her gun be taken away? to find out more.

However, even if under federal law s/he can carry a gun while you have a temporary order of protection, your state may have laws that would make it illegal for him/her to have a gun – go to the State Gun Laws pages in your state to read more.