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EspañolCan the abuser have a gun?
There are laws that prohibit the abuser (respondent) from having a gun in his/her possession while a domestic abuse protective order is in effect. According to Hawai‘i’s laws:
| If… | Then… |
|---|---|
| the order prohibits the abuser from contacting, threatening, or physically abusing anyone named in the order | the order will clearly state that s/he cannot have a firearm or ammunition in his/her possession as long as the order is in effect.1 |
When law enforcement serves the order on the abuser, the police officer can take away any and all firearms and ammunition that:
- the officer sees (in “plain sight”);
- are discovered through a search the abuser consents to; or
- the abuser voluntarily gives to the officer.1
The officer will be specifically looking for any firearms which:
- you listed in your petition; or
- are registered to the abuser.1
If the officer can’t find them, s/he is supposed to get a search warrant for the purpose of taking (seizing) the firearms and ammunition. If the abuser knows the location of a firearm that’s registered to him/her, they have to tell the officer. Otherwise, the abuser will be guilty of a misdemeanor.1
You can find more information about gun laws by:
- going to our State Gun Laws section to read about your state’s specific gun-related laws; and
- reading our Federal Gun Laws section to understand the federal laws that apply to all states.
You can read more about keeping an abuser from accessing guns on the National Resource Center on Domestic Violence and Firearms’ website.
1 Haw. Rev. Stat. § 134-7(f)
