I have a protection order against the abuser. Can s/he keep a gun or buy a new gun?
Washington law says that if an abuser has a protection order against him/her, s/he cannot have a firearm if the following conditions are met:
- the protection order was issued after a hearing where the abuser had a chance to appear and participate;
- the order prohibits:
- the abuser from harassing, stalking, threatening an intimate partner or the intimate partner’s child or doing anything that would place an intimate partner in reasonable fear of bodily injury; and
- the use, attempted use, or threatened use of physical force against the intimate partner or child that would reasonably be expected to cause bodily injury; and
- the order includes a determination by the judge (“finding”) that the abuser presents a credible threat to the safety of his/her intimate partner or child.1
Federal laws, which apply to all states, also restrict an abuser’s right to have a gun if you have an order for protection 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 WA Advocates and Shelters to find a program in your area.
1 R.C.W. § 9.41.040(2)(a)(ii)