Some laws ban people from having a gun if they were found guilty (convicted) of a misdemeanor domestic violence crime. A misdemeanor is a less serious crime than a felony. In Alabama, it means a crime that can be punished by up to one year in jail or less.¹

A misdemeanor involves domestic violence if:

• the abuser
  
  • used or attempted to use physical force;
  • threatened to use a deadly weapon like a gun, switch-blade knife, or baton; or
  • threatened to use a “dangerous instrument,” which could be anything that the abuser is using or threatening to use in a way that could seriously hurt or kill you, including a car; and
• you are related to the abuser in one of these ways:
  
  • you are their:
    • current or former spouse;
    • parent or stepparent;
    • child or stepchild;
    • grandparent or step-grandparent;
    • grandchild or step-grandchild; or
  • you have a child in common;
  • you live or lived together; or
  • you are dating or used to date.²  

¹ Ala. Code § 13A-1-2(9)
² Ala. Code §§ 13A-11-72(h)(2)-(3); Ala. Code § 13A-1-2(5)

In these gun laws pages, we refer to both “federal gun laws” and “state gun laws.”  The major difference between the two has to do with who makes the law, who prosecutes someone who violates the law, and what the penalty is for breaking the law.

One reason why it is important for you to know that there are these two sets of gun laws is so that you can understand all of the possible ways that the abuser might be breaking the law, and you can better protect yourself.  Throughout this section, we will be referring mostly to state laws. Be sure to also read our Federal Gun Laws pages to see if any federal laws apply to your situation as well.  You will need to read both state and federal laws to see which ones, if any, the abuser might be violating.

If you are calling the police because you believe the abuser has violated a gun law, you do not necessarily need to be able to tell the police which law was violated (state versus federal) but local police cannot arrest someone for violating federal law, only for violating state/local laws.  Only federal law enforcement, the Bureau of Alcohol, Tobacco and Firearms (“ATF”), can arrest someone for violating federal laws. If the local police believe that a state law is being violated, they could arrest the abuser and hand the case over to the state prosecutor.  If the local police believe a federal law is being violated, hopefully, the police department will notify the ATF or perhaps the U.S. Attorney’s office in your state (which is the federal prosecutor).  For information on how you can contact ATF directly to report the violation of federal gun laws, go to Who do I notify if I think the abuser should not have a gun? If the abuser is breaking both state and federal laws, s/he might be prosecuted in both state and federal court.

Many survivors worry about their safety when the abuser has access to a gun. In some situations, it may be against the law for the abuser to have one.

The abuser cannot legally have a gun if they:

• are under a valid domestic violence protection order that was issued after a court hearing;
• were found guilty (convicted) of:
  
  • a felony in the past five years;
  • three or more separate felonies from different cases, even if they happened long ago;
  • a “crime of violence”; 
  • a misdemeanor domestic violence crime; or
  • one of 51 violent crimes listed in Alabama law, such as stalking, domestic violence, or strangulation; see the full list on our Selected Alabama Statutes page, section 12-25-32(15);
• are legally considered mentally unfit (of “unsound mind”), as defined in section 13A-11-72(h)(7);¹ or
• are in the United States illegally or unlawfully, or here on a nonimmigrant visa that does not qualify for an exception under immigration law; see the exceptions on our Selected Federal Statutes Page, section 18 U.S.C. § 922(y)(2).²

Under certain circumstances, it is also illegal for the abuser to have a pistol. A pistol is a type of gun with a barrel less than 12 inches long.³ An abuser cannot have a pistol if they:

• are addicted to drugs;
• regularly abuse alcohol (“habitual drunkard”); or
• are under 19, unless they are with a parent and following the rules explained in section 13A-11-72 (f).⁴

In addition to these Alabama laws, federal gun laws may also ban the abuser from having a gun. To learn more, visit our Federal Gun Laws page.

¹ Ala. Code §§ 13A-11-72(a)(1), (h)(7); 12-25-32(15)
² Ala. Code §§ 13A-11-72(c)(1); 18 U.S.C. 922(y)(2)
³ Ala. Code § 13A-11-70(7)
⁴ Ala. Code § 13A-11-72(b)(1), (f); see § 26-1-1(a) setting the age of majority as 19-years-old

In Alabama, it is against the law for the abuser to have a gun if there is a valid domestic violence protection order against them.¹ For the order to be considered valid, it must have been issued after the abuser was notified about the case and had a chance to go to a court hearing. This usually includes final protection orders, but not emergency “ex parte” orders that are given without the abuser present.²

The order must also include one or both of the following:

• Option one:
  • The order tells the abuser not to harass, stalk, threaten you or your children, or do anything that would make you or your children reasonably afraid of being physically hurt, and
  • In the order, the judge made a legal decision (called a “finding”) that the abuser is a real (“credible”) threat to your or your children’s physical safety; or
• Option two: The order clearly says the abuser cannot use, attempt to use, or threaten to use physical force that would be reasonably expected to hurt you or your children physically.²

Federal gun laws may also ban the abuser from having a gun if you have a protection order against them that meets certain requirements. Go to Federal Gun Laws to get more information.

¹ Ala. Code § 13A-11-72(a)(1)(d)
² Ala. Code § 13A-11-72(h)(8)

In Alabama, it is illegal for the abuser to have a gun if they have been found guilty (convicted) of doing or attempting any of these crimes:

• a felony in the past five years;
• three or more separate felonies from different cases, even if they happened long ago;
• a “crime of violence”; 
• a misdemeanor domestic violence crime; or
• one of 51 violent crimes listed in Alabama law, such as stalking, domestic violence, or strangulation; you can see the full list on our Selected Alabama Statutes page, section 12-25-32(15).¹

This law applies whether the abuser was convicted of these crimes in Alabama or someplace else.²

Federal gun laws may also make it illegal for the abuser to have a gun. To learn more, visit our Federal Gun Laws page.

¹ Ala. Code §§ 13A-11-72(a)(1)(a)-(a)(1)(c); 12-25-32(15)
² Ala. Code §§ 13A-11-72(a)(1)(a)-(a)(1)(c)

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 protection 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.

¹ National Criminal Justice Reference Service website

Even if the abuser has never been convicted of a crime, and you don’t have a protection order, there may still be other reasons why they cannot legally have a gun.

The abuser cannot have a gun if they:

• are legally considered mentally unfit (of “unsound mind”), which is defined in Alabama law section 13A-11-72(h)(7);¹ or
• are in the United States illegally or unlawfully, or here on a nonimmigrant visa that does not qualify for one of the few exceptions in immigration law; see the exceptions on our Selected Federal Statutes Page, section 18 U.S.C. § 922(y)(2).²

Under certain circumstances, it is also illegal for the abuser to have a pistol. A pistol is a type of gun with a barrel less than 12 inches long.³ The abuser cannot have a pistol if they:

• are addicted to drugs;
• regularly abuse alcohol (“habitual drunkard”); or
• are under 19, unless they are with a parent and following the rules explained in section 13A-11-72(f).⁴

If any of these situations apply, you can ask your local police or sheriff’s department how these laws are enforced. You can also read more about Alabama gun laws on the Giffords Law Center website.

Federal gun laws may also make it illegal for the abuser to have a gun for other reasons. To learn more, visit our Federal Gun Laws page.

If none of these laws apply and the abuser can legally have a gun, there are still ways to protect yourself. You can see our Safety Planning page for ideas. You can also talk with a domestic violence advocate about making a safety plan. They may help you decide if getting a protection order or moving somewhere the abuser doesn’t know about could help keep you safe. To find local programs, you can visit our Alabama Advocates and Shelters page.

¹ Ala. Code 13A-11-72(a)(1)(e), (h)(7)
² Ala. Code §§ 13A-11-72(c)(1); 18 U.S.C. 922(y)(2)
³ Ala. Code § 13A-11-70(7)
⁴ Ala. Code § 13A-11-72(b)(1), (f); see § 26-1-1(a) setting the age of majority as 19-years-old