Can I Buy a Gun After a Restraining Order Expires?
A restraining order, also known as a protective order, is a legal document that prohibits a person from contacting or threatening another individual. In some cases, a restraining order may be issued due to domestic violence, stalking, or harassment. When a restraining order is in place, the person subject to the order is typically prohibited from possessing or purchasing firearms. But what happens when the restraining order expires? Can the individual buy a gun again?
Can I Buy a Gun After a Restraining Order Expires? The Short Answer
In the United States, federal law prohibits individuals who are subject to a restraining order from purchasing or possessing firearms. However, the answer to the question of whether an individual can buy a gun after a restraining order expires depends on the specific laws of the state where they reside.
Federal Laws
The federal Gun Control Act (GCA) and the National Instant Criminal Background Check System (NICS) prohibit individuals who are subject to a restraining order from purchasing or possessing firearms. The GCA defines a "prohibited person" as an individual who has been "adjudicated as a mental defective or has been committed to a mental institution" or is "subject to a court order that restrains the person from harassing, stalking, or threatening an intimate partner of such person" (18 U.S.C. § 922(d)(8)).
State Laws
While federal law prohibits individuals subject to a restraining order from possessing firearms, state laws vary in their restrictions. Some states may prohibit individuals from purchasing or possessing firearms while a restraining order is in place, while others may only prohibit possession during the duration of the order. In some states, the prohibition on firearms may remain in place even after the restraining order expires.
Here is a summary of the laws in several states:
| State | Restraining Order Prohibition on Firearms |
|---|---|
| California | Prohibits individuals subject to a restraining order from possessing firearms during the duration of the order and for 5 years after the order expires |
| Florida | Prohibits individuals subject to a restraining order from possessing firearms during the duration of the order and for 3 years after the order expires |
| New York | Prohibits individuals subject to a restraining order from possessing firearms during the duration of the order and for 5 years after the order expires |
| Texas | Prohibits individuals subject to a restraining order from possessing firearms during the duration of the order, but does not impose a long-term prohibition |
Check Your State’s Laws
It is essential to note that state laws may vary, and it is crucial to check the specific laws of your state to determine whether you are prohibited from purchasing or possessing firearms after a restraining order expires.
Background Checks
In addition to state laws, federal law requires background checks for all firearms purchases through licensed dealers. The NICS checks the individual’s criminal history and mental health records to ensure they are not prohibited from possessing firearms. If an individual is subject to a restraining order, their name and identifying information will be entered into the NICS system, making it difficult or impossible for them to pass a background check.
Conclusion
In summary, while federal law prohibits individuals subject to a restraining order from possessing firearms, state laws vary in their restrictions. It is essential to check your state’s laws to determine whether you are prohibited from purchasing or possessing firearms after a restraining order expires. Additionally, background checks through the NICS system may prevent individuals subject to a restraining order from purchasing firearms, even if the order has expired.
