Do Domestic Violence Offenders Lose Their Guns?

There are several options to protect victims of domestic violence from abusers. Obtaining a domestic violence restraining order is often the first step. Preventing abusers from owning or using guns is another important way to protect victims.

For legal help getting a restraining order or ensuring that a domestic abuser does not have access to firearms, reach out to a local domestic violence law attorney.

Federal Gun Laws

Federal restrictions on gun rights for domestic violence offenders go back to 1996, when Congress added the Lautenberg Amendment to the Gun Control Act (GCA). Under these changes, offenders with a special relationship to domestic violence victims cannot possess firearms or ammunition.

In 2022, the Bipartisan Safer Communities Act added enhanced background checks and protections for the purchase and possession of firearms. The law also closed the “boyfriend loophole” by including people in dating relationships in domestic violence definitions.

Federal firearms law prohibits many domestic abusers from possessing firearms, handguns, and ammunition. The law applies to victims who were in a relationship with the abuser, including:

• Spouses
• Former spouses
• Unmarried parents or dating partners
• Significant others or intimate partners who live, or have lived, together in cohabitation

In February 2023, the Fifth Circuit Court of Appeals ruled that it violates the Second Amendment to prohibit individuals under a protective order from possessing a firearm. However, on appeal by the U.S. Department of Justice (DOJ), the U.S. Supreme Court overturned the Fifth Circuit and upheld the federal law in June 2024.

Get the Right Legal Help for Domestic Violence

You do not have to suffer in silence. Find a top domestic violence attorney in your area using the Super Lawyers directory to help you seek justice.

Find a lawyer today

State Laws for Guns and Domestic Violence

Domestic violence offenses generally fall under state law. Different states have very different policies for domestic violence firearm protections. Many states have stronger gun restrictions for people convicted of domestic violence crimes or under domestic violence protective orders.

For example, Tennessee has enacted gun laws that strengthen the federal ban for domestic abusers. Those with a domestic violence conviction or an order of protection are now required to file an affidavit with the court. The affidavit states whether the abuser owns or possesses firearms or handguns and how they dispossessed of any guns.

California prohibits domestic abusers from having guns under short-term emergency restraining orders. Domestic abusers with a misdemeanor conviction must turn over their firearms. People with violent misdemeanor or felony convictions cannot purchase a firearm.

The Hearing on the Protective Order

To enforce the firearm prohibition against an abuser, the abuser must have had actual notice of the protection hearing. This requires serving the abuser with notice of the hearing and given an opportunity to appear at the hearing. It does not matter if the abuser chooses not to appear at the hearing.

It is very important to understand this requirement, as protection orders are often issued without a hearing. If a victim of domestic abuse wants the gun ban in place, the victim must:

• Ensure that the protective order provided an opportunity for a hearing
• Ensure the protective order provided notice to the respondent of the hearing

Obtaining a Protective Court Order

Federal law requires the language of the order to restrain the abuser from harassing, stalking, threatening, or engaging in conduct that would place the victim or child in reasonable fear of bodily injury.

Further, the order must include the following:

• Language or a finding that the abuser is a credible threat to the physical safety of the victim or the victim’s child
• Prohibit the use, attempted use, or threatened use of physical force reasonably expected to cause bodily injury

What if There Is No Protective Order in Place?

If the abuser has a conviction for a domestic violence misdemeanor, the abuser is subject to the firearm prohibition. The crime must include an element that the abuser used or attempted to use physical force.

The crime need not be labeled “domestic abuse” but may include any violent crime of physical force, including assault and battery.

How Long Will the Abuser Be Prohibited From Owning a Gun?

Victims and family members must be aware of the expiration date of their protective order. Once the protective order expires, the abuser can get their guns back.

However, the firearm prohibition against abusers convicted of a misdemeanor crime of domestic violence will remain until the conviction is expunged, set aside, or pardoned.

Can Offenders Hide Their Guns?

Unfortunately, enforcement responsibilities often fall on the abuse victims and their family members. Victims should verify that the abuser responded truthfully to the dispossession affidavit.

If not, they should alert authorities immediately. Victims or their loved ones can assist law enforcement officers in locating the abuser’s firearms.

Find Legal Help

Victims of domestic violence should talk to an experienced domestic violence attorney for legal help.