English
EspañolIf the abuser's gun(s) is taken away, what will happen to it?
If a person is arrested in Alabama for having a gun when the Alabama law says that s/he is not allowed to have a gun, it is the responsibility of the sheriff or police officer making the arrest to seize (take away) the person’s gun. The gun will then be delivered to either the county sheriff or court clerk of stolen property. The district attorney in the county where the gun(s) was taken away can then file to have the gun destroyed.
To read more about the exact procedures, go to our Selected Alabama Statutes page to read section 13A-11-84(b) of the Alabama Code.
I do not have a protection from abuse order against the abuser, and they were never convicted of a crime. Can they have a gun?
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
I've read through all of this information, and I am still confused. What can I do?
Trying to understand both federal and state law can be confusing. There are people who can help you better understand the law and your rights under the law.
- You can contact the National Center on Protection Orders & Full Faith and Credit to get more information about the federal firearm law and how it applies to you at 1-800-903-0111 x 2.
- You can write to our Email Hotline.
- You can contact a local domestic violence organization in your area - see our AL Advocates and Shelters page.
