Can You Have a Gun with a Restraining Order?
A restraining order is a legal order that is issued by a court to protect one person from another. It is typically granted in cases where one party is alleged to have been subjected to domestic violence, harassment, or other harmful behavior by the other. In the United States, the Gun Control Act (GCA) prohibits persons subject to a restraining order from possessing or purchasing a firearm.
Federal Laws
The GCA requires that individuals who are subject to a restraining order against them must surrender their firearms to the authorities. Specifically, 18 U.S.C. § 922(g)(8) provides that it is illegal for any person who has been "subject to a protective order" to possess, ship, transport, deliver, or receive any firearm or ammunition. A protective order is a legal order that is issued to protect one person from another, and it includes restraining orders issued in cases of domestic violence.
Who is Subject to a Restraining Order?
Under federal law, individuals who are subject to a restraining order are prohibited from possessing firearms. This includes individuals who have been served with a restraining order, have been notified of a restraining order, or are under the jurisdiction of a court that has issued a restraining order. It does not matter whether the individual has been convicted of a crime or has admitted to the alleged conduct; merely being subject to a restraining order is enough to trigger the prohibition.
What is a Restraining Order?
A restraining order is a legal order that is issued by a court to protect one person from another. There are several types of restraining orders, including:
• Domestic Violence Restraining Orders: These are issued to protect victims of domestic violence, including intimate partners, family members, and children.
• Elder Abuse Restraining Orders: These are issued to protect elderly or dependent adults from abuse, neglect, or financial exploitation.
• Harassment Restraining Orders: These are issued to protect individuals from harassment, stalking, or other forms of abusive behavior.
How Do Federal Laws Affect Gun Ownership?
Under federal law, individuals who are subject to a restraining order are prohibited from possessing or purchasing firearms. This includes individuals who have been served with a restraining order, have been notified of a restraining order, or are under the jurisdiction of a court that has issued a restraining order. Federal laws do not distinguish between the type of restraining order issued; all restraining orders issued by a court are equally effective in triggering the prohibition.
Consequences of Violating a Restraining Order
Violating a restraining order is a serious offense and can have severe consequences. Under federal law, individuals who are subject to a restraining order and possess a firearm may be charged with a felony. Penalties for violating a restraining order include imprisonment for up to five years, fines, and even confiscation of all firearms.
What Are the Exceptions?
While federal law prohibits individuals subject to a restraining order from possessing firearms, there are certain exceptions. If a court has modified or dismissed the restraining order, or if the individual has appealed and the restraining order has been overturned, they may be able to possess firearms again. Additionally, if an individual is granted relief from the prohibition under 18 U.S.C. § 925(c)(3), they may also be able to possess firearms.
Table: Key Points
| Point | Description |
|---|---|
| 18 U.S.C. § 922(g)(8) | Prohibits individuals subject to a restraining order from possessing or purchasing firearms |
| Protective Orders | Include restraining orders issued in cases of domestic violence, harassment, and elder abuse |
| Individuals Subject to a Restraining Order | Include those who have been served with a restraining order, notified of a restraining order, or under the jurisdiction of a court that has issued a restraining order |
| Consequences of Violating a Restraining Order | May include imprisonment for up to five years, fines, and confiscation of all firearms |
Conclusion
In summary, individuals who are subject to a restraining order are prohibited from possessing or purchasing firearms under federal law. This includes individuals who have been served with a restraining order, notified of a restraining order, or are under the jurisdiction of a court that has issued a restraining order. It does not matter whether the individual has been convicted of a crime or has admitted to the alleged conduct; merely being subject to a restraining order is enough to trigger the prohibition. If you are subject to a restraining order and have questions about your gun rights, it is essential to consult with an attorney to determine the best course of action.
Additional Resources
For more information on restraining orders and gun ownership, consult the following resources:
• Bureau of Justice Statistics: www.bjs.gov
• Federal Trade Commission: www.ftc.gov
• National Domestic Violence Hotline: www.thehotline.org
References
• 18 U.S.C. § 922(g)(8) – Gun Control Act
• 18 U.S.C. § 925(c)(3) – Firearm Relief Act
• Bureau of Justice Statistics. (2020). Restrictions on Gun Ownership and Carrying. Retrieved from www.bjs.gov/content/pub/pdf/rgeoic.pdf
