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EspañolI have a temporary protective order against the abuser. Can s/he have a gun?
The judge can prohibit the abuser from purchasing, using, or possessing a firearm or other dangerous weapon as part of an ex parte protective order if the judge believes that the abuser’s use or possession of a weapon may pose a serious threat of harm to you.1 Be sure to explain to the judge in your petition and during the ex parte hearing how the abuser’s possession of a weapon can cause you harm and to specifically request that the judge prohibit the abuser from having firearms as part of your ex parte order.
1 UT Code § 78B-7-603(2)(d)
I have a protective order against the abuser. Can s/he have or buy a gun?
As part of a protective order, a judge can specifically prohibit the abuser from purchasing, using, or possessing a firearm or other dangerous weapon if the judge believes that the abuser’s use or possession of a weapon may pose a serious threat of harm to you.1
In addition, even if the judge does not specifically put a firearm prohibition in your order, Utah state law says that a person cannot have a firearm or other dangerous weapon if there is a protective order or a child protective order against him/her that was issued after a hearing and the order:
- includes a term that prohibits harassing, stalking, threatening, or engaging in other conduct that would place an intimate partner or a child of the intimate partner in reasonable fear of bodily injury; and
- either:
- includes a finding that the respondent/defendant represents a “credible threat” to the physical safety of an intimate partner or a child of the intimate partner; or
- specifically prohibits the use, attempted use, or threatened use of physical force that would reasonably be expected to cause bodily harm against an intimate partner or the child of an intimate partner.2
In addition, the state can deny, suspend, or revoke a permit to carry a concealed firearm for the same reasons listed above.3
In addition, federal laws, which apply to all states, restrict an abuser’s right to have a gun if you have a protective order against him/her that meets certain requirements even if the judge does not specifically include on the order that s/he cannot have a gun. Go to the Federal Gun Laws page to get more information.
If you are afraid for your safety, talk to your local domestic violence program about your options. Go to the UT Advocates and Shelters to find a program in your area.
1 UT Code § 78B-7-603(2)(d),(3)(a)
2 UT Code §§ 76-10-503(1)-(3); 76-10-501(6)(a)
3 UT Code § 53-5-704(2)(a)(viii)
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 a few things that may help:
- If the abuser has a gun, tell the judge how many guns s/he has, and if s/he has ever threatened you with a gun(s);
- Ask the judge to specifically write in your protective order that the abuser cannot own, buy or have a gun while the order is in effect. The form that you will have to fill out to petition for a protective order will have a place where you can request additional protections. You can ask that the abuser’s gun(s) be taken away in that section; and
- Before leaving the courthouse, check to make sure that the gun restriction is written on your order.
It also may be helpful if the judge explains what will happen to the abuser’s guns, who will take them, and where they will be held once you leave the courthouse. If the judge agrees to add language that the abuser cannot keep his/her guns while the protective order is in effect, you may also want to ask that the judge:
- require the abuser to give his/her guns to the police, or require the police to go to the abuser’s house and get them;
- make it clear to both you and the abuser how long the guns will be kept away from the abuser; and
- order that the police notify you when the guns are returned to the abuser.
