English
EspañolI have a protective order against the abuser. Can s/he have or buy a gun?
Hawai‘i law says that a person cannot have a gun if s/he has a court order against him/her that prohibits him/her from contacting, threatening, or physically abusing another person.1
If your temporary or final domestic abuse protective order or gun violence protective order has these restrictions, then the abuser likely cannot have a gun while your order is in effect. Your order will specifically say that s/he is not allowed to have, own, or transfer a firearm or ammunition. The abuser will have to turn over any guns and ammunition that s/he has to law enforcement for as long as the protective order is valid. The police can also take any guns or ammunition in plain sight when they serve the abuser with the protective order.1 Go to If the abuser’s gun is taken away, what will happen to it? for more information.
In addition, federal laws restrict an abuser’s ability to have a gun when you have a final protective order that meets certain requirements. Federal laws apply to all states and territories.
1 Haw. Rev. Stat. § 134-7(f)
Is there anything I can do to make it more likely that the abuser's gun is taken away when I get a protective order?
Here are some steps you can take to try to increase the chances that a judge will order the removal of guns:
- Tell the judge if the abuser has ever threatened you with a gun.
- Tell the judge everything you know about the abuser’s guns. Explain how many guns the abuser has, what types they are, and where they are kept.
- Ask the judge to write in your protective order that the abuser cannot buy or have a gun while the order is in effect.
- If the judge agrees that the abuser cannot keep his/her guns while the protective order is in effect, you may also want to ask the judge to:
- require the abuser to give his/her guns to the police, or give the police the power to go to the abuser’s house and get them;
- clearly state how long the guns will be kept away from the abuser; and
- have the police tell you when the guns are returned to the abuser.
Note: There is a federal law that says some abusers cannot have a gun while a protective order is in effect, even if the judge doesn’t write it in the order. You can learn more on our Federal Gun Laws page.
