Can Someone With a Family Violence Conviction Own a Air Rifle

Laws that forbid people with significant histories of domestic violence and abuse from accessing firearms are vital to ensuring victims' safety.

For the millions of Americans affected by domestic violence every year, an abusive intimate partner'south access to firearms can mean the difference between life and death. In fact, when an calumniating partner has admission to a gun, a domestic violence victim is v times more likely to exist killed. Gun safety laws can save lives and prevent firearms from existence used as tools of intimidation, coercion, and corruption by keeping people from accessing guns afterwards they accept been convicted of domestic violence crimes or while they are subject to agile court orders against domestic violence.

Groundwork

Every year, millions of Americans written report experiencing domestic violence.ⁱ Although it disproportionately affects women, domestic violence touches people in every segment of our guild.

Firearm access helps to fuel domestic violence. An abusive partner'due south access to a firearm is a serious threat to victims of domestic violence, making it five times more likely that a woman will be killed. ² Domestic violence assaults involving a gun are 12 times more than likely to event in death than those involving other weapons or bodily strength.³

Guns Make Domestic Violence Deadly

• Every year, more than 600 American women are shot to death past intimate partners—roughly one every 14 hours.⁴
• In fact, firearms are used to commit more than than half of all intimate partner homicides in the United States.^five
• The death price extends to mass shootings. In more than than one-half of mass shootings where four or more people were killed, the shooter killed an intimate partner, and 1 analysis found that most a third of mass shooters had a history of domestic violence.^half-dozen

Serious Nonfatal Consequences

• Most 1 one thousand thousand women live today report beingness shot or shot at past an intimate partner.^seven
• Nearly 4.five million women alive today report that an intimate partner threatened them using a gun.⁸
• In nigh 2 thirds of cases in which a gun was present in a dwelling where an calumniating partner and victim cohabitated, the calumniating partner used the firearm confronting the victim, ordinarily threatening to hurt or impale her.⁹

With our loftier rates of domestic violence-related gun violence, the U.Southward. is the most dangerous state in the developed world when it comes to women and guns. Women in the U.S. are 21 times more likely to be killed with a gun than women in other high-income countries. ¹⁰

Strengthening Federal and State Laws

Groundwork checks assist prevent people with significant histories of domestic abuse from getting guns. One in thirteen background check denials are connected to domestic abuse,¹¹ and more than 300,000 people with demonstrated records of domestic abuse have been blocked from buying guns by the federal groundwork bank check organization since its inception.¹²

Notwithstanding federal law does not require a background check to be performed before every sale of a gun, including sales past unlicensed, private sellers. This allows people who would neglect a firearm background check due to their domestic violence tape to turn to individual sellers to access guns. For more than information, see our folio on Universal Background Checks.

Gun safety laws can save lives by restricting access to firearms past people with demonstrated history of domestic violence and abuse: States that restrict access to guns by people subject to active domestic violence restraining orders have seen a 13% reduction in intimate partner homicides involving firearms.^thirteen Chiefly, these laws can exist further strengthened by endmost additional loopholes.

• More than half of all intimate partner homicides are committed by dating partners.^xiv Inquiry shows that when states broaden their firearm prohibition laws beyond federal law to comprehend abusive dating partners, usa feel a 16% reduction in intimate partner gun homicides.¹⁵
• States that require that people subject field to domestic violence-related protective orders to provide proof that they actually relinquished their firearms (relinquishment laws) are linked to a xvi% reduction in intimate partner gun homicides.¹⁶ For more than information see our page about firearm relinquishment.
• States with laws which cover emergency protective orders in addition to final protective orders experience a xvi% reduction in intimate partner gun homicides.¹⁷
• Additionally, electric current federal law does not prohibit people bedevilled of misdemeanor stalking crimes from having guns. I written report of female person murder victims in 10 cities found that 76% of women murdered and 85% who survived a murder try by a current or one-time intimate partner experienced stalking in the year preceding the murder.¹⁸ Given that stalking is a strong predictor of time to come violence, endmost the so-called "stalking gap" could help protect women from homicides.

Laws that comprehensively protect victims of domestic violence enjoy wide bipartisan support. A 2017 survey found that 81% of Americans support laws prohibiting a person subject to a domestic violence restraining order from having a gun for the duration of the gild.^xix

Summary of Federal Constabulary

Federal police force prohibits buy and possession of firearms and ammunition by people who take been convicted in any courtroom of a "misdemeanor crime of domestic violence," and/or who are subject to sure domestic violence protective orders.²⁰

The Lautenberg Amendment

four.5m

Women threatened with a gun by an intimate partner

4.5 million women alive today in the U.s.a. report that an intimate partner used a gun to threaten them.

Source

Susan B. Sorenson and Rebecca A. Schut, "Nonfatal Gun Use in Intimate Partner Violence: A Systematic Review of the Literature," Trauma, Violence, & Abuse nineteen, no. iv (2018): 431–442.

The Lautenberg Subpoena prohibits people convicted of sure domestic violence crimes from buying or owning guns. The federal prohibition that applies to domestic violence misdemeanants was adopted in 1996 and is normally known as the "Lautenberg Subpoena" after its sponsor, the belatedly Frank Lautenberg (D-NJ). It defines a "misdemeanor crime of domestic violence" as an offense that is a federal, state, or tribal police force misdemeanor and has the employ or attempted use of physical strength or threatened use of a deadly weapon every bit an chemical element.²¹ In add-on, the offender must fit one of the following criteria:

• Exist a current or former spouse, parent, or guardian of the victim.
• Share a kid in common with the victim.
• Exist a electric current or former cohabitant with the victim equally a spouse, parent, or guardian.
• Exist similarly situated to a spouse, parent, or guardian of the victim.²²

A conviction for a misdemeanor crime of domestic violence represents the third-nigh frequent reason for denial of an application to buy a firearm by the FBI, after a felony conviction and an outstanding arrest warrant.²³

Protective Orders and Prohibited Purchasers

xvi%

fewer intimate partner gun homicides

Laws requiring people who have abused their partners to turn in their guns are linked to xvi% fewer intimate partner gun homicides.

Source

A. One thousand. Zeoli, et al., "Analysis of the Strength of Legal Firearms Restrictions for Perpetrators of Domestic Violence and Their Associations With Intimate Partner Homicide," American Journal of Epidemiology 187, no. eleven (2018): 2365–2371.

Federal constabulary too prohibits some people who are discipline to domestic violence protective orders from purchasing or possessing firearms and armament. The prohibition applies only if the protective social club was issued later notice and a hearing, and only if the order protects an "intimate partner" or a child of the respondent subject to the courtroom social club.²⁴ An "intimate partner" includes a current or onetime spouse of the respondent, a person who has a child in common with the respondent, or an individual with whom the respondent currently or previously cohabitated.²⁵

Notification to Domestic Violence Offenders

The Violence Confronting Women and Department of Justice Reauthorization Act of 2005 (the "2005 VAWA") required states and local governments, as a condition of certain funding, to certify that their judicial administrative policies and practices included notification to domestic violence offenders of both of the federal firearm prohibitions mentioned above and any applicable related federal, state, or local laws.²⁶ The 2005 VAWA did not, however, require states or local governments to plant a procedure to ensure that people convicted of domestic violence crimes or subject to domestic violence protective orders actually relinquish their firearms.

Summary of Country Law

Many states have adopted laws that fill up gaps in federal law by more comprehensively restricting access to firearms and armament past people who commit domestic abuse.

Restricting Access to Guns by People Bedevilled of Domestic Violence Misdemeanors

States take closed the gaps in federal law pertaining to people who commit misdemeanor crimes of domestic violence by enacting laws that:

• Prohibit domestic violence misdemeanants not covered by federal police from buying or possessing guns and/or ammunition.
• Authorize or crave courts to social club people bedevilled of domestic violence misdemeanors to relinquish their guns and/or ammunition.
• Require officials to submit records regarding domestic violence offenses to databases used for firearm purchaser background checks.

State Domestic Violence Misdemeanor Firearm Prohibitions²⁷

State	Domestic violence misdemeanor prohibition	Firearm Relinquishment for domestic violence misdemeanors	Law requiring reporting of domestic violence misdemeanors to NICS
Alabama	Yeah 28
Arizona	Yes (when convicted person is serving probation)29
California	Yep 30	Yes* 31	Yes 32
Colorado	Yes 33	Yes 34
Connecticut	Yes 35	Yeah* 36
Delaware	Yes 37
District of Columbia	Yes 38
Hawaii	Yes 39	Yes* 40
Illinois	Yeah 41	Yes 42	Yes 43
Indiana	Yep 44
Iowa	Yes 45	Yes 46
Kansas	Yes 47
Louisiana	Yep 48	Aye 49
Massachusetts	Yes l	Yes* 51	Yes 52
Maine	Yes 53
Maryland	Yes54	Aye55
Minnesota	Yep 56	Yes 57	Yes 58
Nebraska	Yes 59
Nevada	Aye lx	Yes* 61
New Jersey	Yes 62	Yes 63
New Mexico	Yes 64
New York	Yes 65	Yes* 66	Yeah 67
Oregon	Yes 68	Yeah 69
Pennsylvania	Yes seventy	Yes* 71
Rhode Island	Yes 72	Yes 73
South Carolina	Yeah (3 year prohibition)74
South Dakota	Yes 75
Tennessee	Yep 76	Yes 77
Texas	Yes 78
Utah	Yep 79
Virginia	Yes, for some, not all domestic violence misdemeanorsfourscore
Vermont	Yes81
Washington	Yes 82
Westward Virginia	Yes 83

States with an * generally require relinquishment by anybody convicted of firearm-prohibiting crimes, including domestic violence offenses

Domestic Violence Misdemeanor Firearm Prohibitions

As noted above,⁸⁴ federal law prohibits purchase and possession of firearms and armament by people convicted of a "misdemeanor crime of domestic violence," just defines that term narrowly.

Some of these laws may exceed federal law in various means, including by broadening the definition of "domestic violence." For instance, some include in their definitions of domestic violence a violent misdemeanor against: a former or current dating partner of the offender, someone with whom the offender has had a romantic human relationship, or any present or one-time household member or cohabitant of the offender. Other laws include in their definitions of domestic violence a violent misdemeanor against any family member, regardless of whether the victim resides with the offender.⁸⁵

The strongest laws prohibit the purchase or possession of firearms past individuals convicted of violent misdemeanors generally, regardless of the victim'south relationship to the offender. California, for example, prohibits the buy and possession of firearms or armament past anyone convicted of assault, battery, or stalking without regard to the victim's human relationship to the offender.⁸⁶ Connecticut, Hawaii, and New York also use this arroyo. For more information about these laws, see our summary on Firearm Prohibitions.

Domestic Violence Misdemeanor Firearm Relinquishment

Seventeen states that prohibit domestic violence misdemeanants from possessing guns also authorize or crave surrender of guns and/or armament after conviction of a domestic violence misdemeanor. For a description of these laws, meet our page on Firearm Relinquishment.

Domestic Violence Misdemeanor Reporting to NICS Databases

4 states have recently enacted laws designed to ensure records regarding domestic violence crimes that fall within the federal definition of a "misdemeanor crime of domestic violence" are submitted to the federal and/or land databases used for firearm purchaser background checks. In 2011, New York enacted a law establishing a procedure to exist used in trials for sure vehement misdemeanors to determine whether the law-breaking qualifies every bit domestic violence under the federal definition of that term. If the crime is constitute to fall within the definition, the clerk of the court must send a written a report to a land agency, who then reports the conclusion to the FBI for inclusion in the National Instant Criminal Background Cheque System (NICS).⁸⁷ Illinois ⁸⁸ and Minnesota ⁸⁹ have similar laws. Massachusetts requires courts to transmit records of certain domestic violence offenses to the Department of Criminal Justice Information Services for inclusion in NICS.⁹⁰

RESTRICTing Admission TO GUNS BY People SUBJECT TO DOMESTIC VIOLENCE PROTECTIVE ORDERS

States take closed the gaps in federal law pertaining to people who are subject field to domestic violence protective orders by enacting laws that:

• Qualify or require courts to prohibit people discipline to protective orders due to domestic violence from buying or possessing firearms.
• Authorize or require courts to order the removal or surrender of firearms when a protective order is issued.

Domestic Violence Restraining Society Firearm Prohibitions

The strongest laws prohibit anyone subject to a courtroom-issued protective guild from purchasing or possessing firearms. Some states, however, only qualify courts to prohibit gun buy and possession by people who perpetrate domestic abuse instead of all people subject to protective courtroom orders (such as restraining orders protecting against workplace violence). Others utilise firearm restrictions to some merely not all types of protective orders.⁹¹

Domestic Violence protective orders tin be issued after notice and a hearing, or they can be issued in emergency circumstances without a full hearing involving the respondent (ex parte). Ex parte orders are temporary and must be followed past a hearing for which the respondent receives notice and an opportunity to announced. Many states require or qualify courts to prohibit the possession or purchase of firearms by people subject area to these emergency ex parte orders.

State Domestic Violence Restraining Order Firearm Prohibitions

State	Firearm prohibition for orders later on observe and a hearing	Firearm prohibition for ex parte orders	Firearm relinquishment requirement
Alabama	Yep 92
Alaska	Authorized, but not required, when certain weather condition are met* 93		Authorized, merely not required, when certain weather condition are met (Fractional) 94
Arizona	Authorized, but non required, when certain weather are met* 95	Authorized, but not required, when sure conditions are met)96	Authorized, only not required, when certain weather condition are met 97
California	Yes 98	Aye 99	Yes 100
Colorado	Yes 101	Yes 102	Yep103
Connecticut	Aye 104	Yes 105	Yes 106
Delaware	Yes 107		Authorized, but non required, when sure conditions are met 108
Commune of Columbia	Yep 109	Yes.110
Florida	Yes 111
Hawaii	Yeah 112	Yes 113	Yes 114
Illinois	Yes 115	Yes 116	Yep 117
Indiana	Authorized, simply not required, when sure conditions are met* 118		Authorized when sure weather condition are met 119
Iowa	Yep 120		Yes (only when certain conditions are met) 121
Kansas	Yes 122
Louisiana	Yes 123		Yes (only when certain conditions are met) 124
Maine	Yes 125	Authorized, but not required, when certain conditions are met126
Maryland	Yes 127		Yes (for orders later on notice and a hearing) 128
Massachusetts	Yes 129	Yes 130	Yes 131
Michigan	Yes (prohibits purchase of a handgun from a private seller by making a respondent ineligible for a handgun purchase permit) 132	Authorized, but not required, when certain weather condition are met) 133
Minnesota	Yes134		Yes (simply when certain conditions are met) 135
Montana	Authorized, but non required, when certain weather condition are met) 136	Authorized, but not required, when certain conditions are met) 137
Nebraska	Yeah (only when respondent is violating the lodge) 138	Authorized, simply non required139
Nevada	Authorized, just not required, although purchase of new firearms is prohibited upon issuance of a last lodge140		Authorized when certain conditions are met* 141
New Hampshire	Yes 142	Authorized, but not required, when certain weather condition are met) 143	Yes 144
New United mexican states	Aye (but when certain atmospheric condition are met) 145		Yep (only when certain conditions are met) 146
New Jersey	Yes 147	Authorized, but not required. 148	Yes 149
New York	Yep 150	Yes (subject area to conditions) 151	Yeah (only when certain conditions are met) 152
North Carolina	Authorized but not required)153	Yes (subject to weather) 154	Yes (simply when certain conditions are met) 155
N Dakota	Authorized when sure weather are met)* 156	Authorized, simply not required, when certain conditions are met157	Authorized when sure conditions are met 158
Ohio	Judges may restrict access to firearms if they believe doing then is "equitable and fair" to protect the protected party.159	Judges may restrict access to firearms if they believe doing so is "equitable and fair" to protect the protected party.160
Oregon	Yep 161		Yep (for orders after notice and a hearing) 162
Pennsylvania	Yes163	Authorized, merely not required, when certain conditions are met164	Yes 165
Rhode Isle	Yes 166		Authorized, simply not required, when certain conditions are met 167
South Carolina	Authorized, just not required, when certain conditions are met) 168
S Dakota	Authorized, but not required, when certain conditions are met.* 169	Authorized, merely not required, when certain conditions are met.170	Authorized when certain conditions are met 171
Tennessee	Yep 172		Yeah (for orders after notice and a hearing) 173
Texas	Yes 174	Yes 175
Utah	Yes (only when certain atmospheric condition are met)176
Vermont	Authorized, but non required, when certain weather condition are met)* 177		Authorized when certain weather condition are met 178
Virginia	Yes 179		Aye180
Washington	Aye 181	Authorized, but non required, when sure conditions are met182	Aye (only when certain conditions are met) 183
West Virginia	Aye 184	Yes 185
Wisconsin	Yes 186	Yes187	Yeah (for orders later on notice and a hearing) 188

* Note that the federal prohibition on firearm possession may apply even if the court has not chosen to guild the respondent to surrender firearms.

Some states augment who may seek a protective order. ¹⁸⁹ Many states exceed federal law by including a broader category of domestic violence victims who may apply for a protective lodge prohibiting firearms. Virtually one-half the states exceed federal law past allowing victims to seek a protective order prohibiting purchase or possession of firearms by: a former or current dating partner or anyone with whom the victim has had a romantic human relationship, whatsoever person who is before long or has in the past resided with the victim, and/or whatsoever family unit member.

Some states include ammunition. A small-scale number of states also prohibit subjects of domestic violence protective orders from purchasing or possessing ammunition, in improver to firearms.

Selected Law

In California, for instance, a person subject to any one of the following types of court orders is prohibited from possessing a firearm or armament:

• A domestic violence protective social club whether issued ex parte, after notice and hearing, or in a judgment.
• A temporary restraining order issued to a victim of harassment.
• A temporary restraining order issued to an employer on behalf of an employee.
• A temporary restraining guild issued to a postsecondary educational establishment on behalf of a educatee.
• A protective order for an elderly or dependent adult who has suffered abuse, provided the abuse was not solely fiscal;
• An emergency protective gild related to stalking.
• A protective gild relating to a crime of domestic violence or the intimidation or dissuasion of victim or witness.¹⁹⁰

Under California police, individuals may seek a domestic violence protective club, prohibiting the purchase or possession of firearms, confronting:

• A sometime or current dating partner or any person with whom the individual has had a romantic relationship.
• Whatsoever person who is presently or has in the by resided with the individual.
• Whatsoever family member, even if the respondent never resided with the private.¹⁹¹

Domestic Violence Protective Order Firearm Relinquishment

Twenty-eight states have enacted laws that facilitate the removal of firearms and/or ammunition by people when they become subject to domestic violence-related protective orders.¹⁹². About half of these states provide procedures specifying how the respondent must relinquish their weapons for safekeeping while discipline to the protective order. About of those procedures specify that the respondent must relinquish their firearms to law enforcement,¹⁹³ while other states permit the respondent to relinquish his or her firearms to other designated third parties.¹⁹⁴ ) Some states require law enforcement officers to remove firearms after a protective order is issued, while weaker laws qualify (just exercise not require) judges issuing protective orders to mandate that the respondent relinquish firearms.

Go THE FACTS

Gun violence is a complex problem, and while in that location'due south no one-size-fits-all solution, we must deed. Our reports bring you the latest cutting-edge enquiry and analysis about strategies to end our country's gun violence crunch at every level.

Larn More than

Closing the "Boyfriend Loophole"

1/ii

intimate partner homicides by dating partners

Dating partners commit over half of all intimate partner homicides. States that prevent abusive dating partners from owning guns have 16% fewer intimate partner gun homicides.

Source

A. M. Zeoli, et al., "Analysis of the Strength of Legal Firearms Restrictions for Perpetrators of Domestic Violence and Their Associations With Intimate Partner Homicide," American Periodical of Epidemiology 187, no. 11 (2018): 2365–2371.

As discussed in a higher place, domestic violence does non occur solely between spouses. Unmarried dating partners may also ofttimes exist victims of violence and abuse. Withal, due a major gap in federal gun laws, people who abuse against a dating partner are often legally eligible to access guns even if they would exist prohibited from doing then if they committed the same acts against a spouse, child, or other family unit or household member.

This gap is called the "young man loophole." In short, information technology means that people who have been convicted of domestic violence crimes against a dating partner, or who are field of study to a restraining order due to abuse of a dating partner, are mostly still able to access firearms unless they have lived with their victim or take had a child in common. More specifically, this loophole exists because:

(1) Federal law's restriction on firearm access by people subject to domestic violence-related protective orders only applies if the court social club is 1 that restrains the respondent from abusing an "intimate partner;" that term is defined narrowly under federal law to include the respondent'southward spouse or old spouse, an individual who has a child in common with the respondent, or an individual who currently or previously lived with the respondent, but not any other dating partners.¹⁹⁵; and because

(2) Similarly, federal law'due south restriction on firearm access by people bedevilled of domestic violence misdemeanors only applies if the person convicted of that law-breaking is the current or one-time spouse, parent, or guardian of the victim, has had a child in mutual with the victim, or is "similarly situated to a spouse, parent, or guardian of the victim."¹⁹⁶ (Federal agencies arguably tin and should interpret this language regarding individuals "similarly situated to a spouse" to include dating partners, but they take not to appointment).

This gap in the law allows people who have a demonstrated record of committing violence or corruption confronting a dating partner to lawfully go on and acquire guns designed to take human being life. Armed intimidation, violence, and abuse poses just equally much a threat to victims' safety and wellbeing when the victims are married as when they are unmarried.

States that Partially or Completely Close the Beau Loophole

State	Prohibits Dating Partners Subject to Protective Orders	Prohibits Dating Partners Bedevilled of Domestic Violence Misdemeanors
Alaska197	Yes*198	No
Arizona199	Yes*200	Yes201
California202	Yes203	Yes204
Connecticut205	Yeah206	Yes207
District of Columbia208	Aye209	Yeah210
Delaware211	Yes212	Yes213
Hawaii214	Yes215	Yes216
Illinois217	Yes218	Yes219
Kansas220	Partial (only if the victim has cohabited with the abusive partner)221	Aye (though only a 5-year prohibition)222
Louisiana223 Maryland	Yes  (Only applies to current dating partners)224 Yes (Applies to someone with whom the victim had a sexual relationship at some point in the 1-year period before the filing of the petition)225	Yes226 Yes227
Massachusetts228	Aye229	Yes230
Montana231	Yes*232	Yes233
Nebraska234	Yeah*235	Yeah 236
New Hampshire237	Aye238	Yes239
New Bailiwick of jersey 240 New United mexican states	Yes241 Yes242	Yes243 Yes244
New York 245	Yes246	Yep247
North Carolina 248	Yeah249	Yes250
North Dakota 251	Yes252	Yes253
Oregon 254	Yes255	Yeah 256
Pennsylvania 257	Yep258	No
Texas 259	Yep260	Yes261
Utah 262	Yes263
Vermont 264	No	Yes265
Virginia	Yep, for criminal protective orders266 and for civil orders if the parties cohabitated within the by 12 months267
Washington 268	Yes269	Yes270
W Virginia 271	Yep 272	Yes 273
Wisconsin	Yes274

This table documents only whether dating partners are bailiwick to the same restrictions as spouses.
An * indicates a land in which firearm prohibitions are authorized but not required for protective orders and states in which sure conditions must be met for firearms to be prohibited during a protective order.

Allowing Constabulary to Remove Firearms from Domestic Violence Incidents

20 states allow law enforcement officers to remove firearms when they arrive at the scene of a domestic violence incident. These laws vary in terms of whether removal is required or simply authorized, which firearms must exist removed, and the length of time that must pass after the incident before the firearms tin be returned. For general laws regarding police enforcement removal of firearms from people who have become ineligible to possess them, run into the section entitled "Removal of Firearms from Individuals Shown to Be Dangerous" in our summary on Firearm Prohibitions.

The following states require constabulary enforcement to remove at least some firearms at the scene of a domestic violence incident:

• California²⁷⁵
• Hawaii²⁷⁶
• Illinois²⁷⁷
• Montana²⁷⁸
• Nebraska²⁷⁹
• New Hampshire²⁸⁰
• New Bailiwick of jersey²⁸¹
• Ohio²⁸²
• Oklahoma²⁸³
• Pennsylvania²⁸⁴
• Tennessee²⁸⁵
• Utah²⁸⁶
• Washington²⁸⁷
• West Virginia²⁸⁸

The post-obit states authorize, but do not require, law enforcement to remove firearms at the scene of a domestic violence incident:

• Alaska²⁸⁹
• Arizona²⁹⁰
• Connecticut²⁹¹
• Indiana²⁹²
• Maryland²⁹³
• Vermont²⁹⁴

The most comprehensive approach requires law enforcement to remove all firearms in the possession, ownership or control of a person who has committed domestic violence when responding to the scene of the criminal offense. For case, in New Hampshire, law enforcement must remove all firearms and ammunition in the abusive partner'due south control, ownership, or possession whenever law enforcement has probable cause to believe that a person has been driveling.²⁹⁵ Connecticut authorizes, but does not require, the removal of all firearms and ammunition at the location where domestic violence is alleged to have been committed if the firearms or ammunition are in the possession of the suspect or in plain view.²⁹⁶

Other states allow the removal of only certain firearms, or allow the removal of firearms only if certain weather are met. In New Jersey, law enforcement must remove firearms observed at the scene if constabulary enforcement has likely cause to believe domestic violence has occurred and reasonably believes these firearms expose the victim to danger.²⁹⁷ In California, law enforcement officers who are at the scene of a domestic violence incident that involves a threat to human being life or a concrete assail must take temporary custody of whatsoever firearm in evidently sight or discovered pursuant to a consensual or other lawful search.²⁹⁸ In Hawaii, a constabulary officer who believes that a person recently assaulted or threatened to assault a family or household fellow member must seize all firearms and armament that were used or threatened to exist used in the commission of the offense. Hawaii police officers may also seize all firearms in plain view, or discovered pursuant to a consensual search, as necessary for the protection of the officer or any family unit or household member.²⁹⁹

Many states, such as Oklahoma,³⁰⁰ take even weaker laws, and just permit the seizure of firearms used in the incident, and only if the calumniating partner is simultaneously arrested.

State laws also vary with respect to the elapsing of the removal of firearms from people who take committed domestic abuse. Of the states that specify a duration, Ohio law is the strictest, requiring firearms seized at the scene of a domestic violence incident to be given (permanently) to police force enforcement, sold at public auction, or destroyed, although this police force only applies to firearms used, brandished, or threatened to be used in the incident.³⁰¹ Some states, such as Illinois and Maryland, direct that firearms may merely exist held so long as they are needed for evidence or until the proceedings confronting the abusive partner are concluded.³⁰² Other states require firearms to be held for a specified time period, such as upward to 45 days³⁰³ or at least 72 hours.³⁰⁴

Stalking-related firearm restrictions

As discussed higher up, stalking is a strong predictor of time to come violence. Under current federal law, individuals convicted of felony stalking offenses are prohibited from accessing guns. Only individuals convicted of misdemeanor stalking offenses are not prohibited from accessing guns if the stalking offense was not in the context of a domestic human relationship. Several states have gone above and beyond federal constabulary to prohibit stalkers from purchasing or possessing guns.

Stalking Misdemeanor Firearm Prohibitions

The following states prohibit purchase and possession of firearms by people convicted of a misdemeanor law-breaking of stalking:

• California³⁰⁵
• Connecticut³⁰⁶
• Hawaii³⁰⁷
• Minnesota³⁰⁸
• New Mexico³⁰⁹
• New York³¹⁰
• North Dakota³¹¹
• Oregon³¹²
• Pennsylvania³¹³
• Rhode Island³¹⁴

Stalking Protective Order Firearm Prohibitions

Three states prohibit subjects of all stalking protective orders, including ex parte orders, from purchasing or possessing firearms:

• California³¹⁵
• Florida³¹⁶
• Nebraska³¹⁷

Two states prohibit subjects of stalking orders from purchasing or possessing firearms only if the order was issued afterwards notice and a hearing:

• Due west Virginia³¹⁸
• Wisconsin³¹⁹

Key Legislative Elements

The features listed below are intended to provide a framework from which policy options may be considered. A jurisdiction considering new legislation should consult with counsel.

• In improver to persons prohibited by federal law, people convicted of a violent misdemeanor against a former or current dating partner, cohabitant, or family member are prohibited from purchasing or possessing firearms and armament.
• When a person is convicted of a domestic violence misdemeanor, the court must order the person to verify that they have relinquished all firearms and armament in their possession.
• A court that is convicting a defendant of a violence misdemeanor must determine whether the crime falls within the federal definition of "misdemeanor crime of domestic violence," and, if so, must study the defendant to the databases used for firearm purchaser background checks.
• In improver to people prohibited by federal police, erstwhile or electric current dating partners, cohabitants, or family members who are subject area to a domestic violence protective order are prohibited from purchasing or possessing firearms and ammunition.
• People subject to an ex parte domestic violence protective order issued before find or a hearing are prohibited from purchasing or possessing firearms and ammunition.
• All domestic violence protective orders require law enforcement to remove all firearms and armament in the abusive partner's possession, or under his or her buying or control.
• Law enforcement responding to a domestic violence incident are required to remove all firearms and ammunition in the abusive partner's possession, or nether his or her ownership or control.

Universal Background Checks

Universal background checks are essential to close deadly loopholes in our laws that let millions of guns to end upwardly in the hands of individuals at an elevated risk of committing violence each year.

Extreme Gamble Protection Orders

Extreme risk protection orders provide a proactive way to temporarily restrict a person showing clear alarm signs of violence from accessing firearms.

Child Access Prevention

Comprehensive kid admission prevention laws are an incredibly constructive tool to curb gun deaths and injuries among children and teens.

1. "Preventing Intimate Partner Violence," Centers for Disease Control and Prevention, 2020, https://world wide web.cdc.gov/violenceprevention/pdf/IPV-Factsheet.pdf.[↩]
2. J.C. Campbell, et al., "Hazard Factors for Femicide in Abusive Relationships: Results from a Multisite Case Command Study," American Journal of Public Health 93, no.7 (2003): 1089–1097.[↩]
3. Linda E. Saltzman, et al., "Weapon Involvement and Injury Outcomes in Family and Intimate Assaults," JAMA 267, no. 22 (1992): 3043–3047.[↩]
4. Federal Bureau of Investigation, Uniform Crime Reporting Program: Supplementary Homicide Reports (SHR), 2014-2018.[↩]
5. Id.; See likewise, James Alan Fox and Emma Due east. Fridel, "Gender Differences in Patterns and Trends in US Homicide, 1976–2015,"Violence and Gender 4, no. 2 (2017): 37–43.[↩]
6. "10 Years of Mass Shootings in the U.s.a.," Everytown for Gun Safety, November 21, 2019, https://everytownresearch.org/reports/mass-shootings-analysis/; Apr M. Zeoli and Jennifer K. Paruk, "Potential to Prevent Mass Shootings Through Domestic Violence Firearm Restrictions," Criminology & Public Policy (2020).[↩]
7. Susan B. Sorenson and Rebecca A. Schut, "Nonfatal Gun Utilize in Intimate Partner Violence: A Systematic Review of the Literature," Trauma, Violence, & Abuse 19, no. 4 (2018): 431–442.[↩]
8. Id.[↩]
9. Susan B. Sorenson and Douglas J. Wiebe, "Weapons in the Lives of Battered Women," American Journal of Public Health 94, no. 8 (2004): 1412–1417.[↩]
10. Erin Grinshteyn and David Hemenway, "Trigger-happy Decease Rates in the U.s.a. Compared to Those of the Other High-income Countries, 2015," Preventive Medicine 123, (2019): 20–26.[↩]
11. Connor Brooks, et al., "Background Checks for Firearm Transfers, 2016-2017, Bureau of Justice Statistics Bulletin v" U.S. Department of Justice: Bureau of Justice Statistics,  Feb. 2021, at https://bjs.ojp.gov/library/publications/background-checks-firearm-transfers-2016-2017.[↩]
12. Id.[↩]
13. April M. Zeoli, et al., "Assay of the Strength of Legal Firearms Restrictions for Perpetrators of Domestic Violence and Their Association with Intimate Partner Homicide," American Journal of Epidemiology 187, no. 11 (2018).[↩]
14. Susan B. Sorenson and Devan Spear, "New Data on Intimate Partner Violence and Intimate Relationships: Implications for Gun Laws and Federal Data Collection," Preventive Medicine 107 (2018): 103–108.[↩]
15. April Yard. Zeoli, et al., "Analysis of the Forcefulness of Legal Firearms Restrictions for Perpetrators of Domestic Violence and Their Association with Intimate Partner Homicide," American Journal of Epidemiology 187, no. 11 (2018).[↩]
16. Id.[↩]
17. Id. [↩]
18. Judith One thousand. McFarlane, et al., "Stalking and Intimate Partner Femicide," Homicide Studies 3, no. 4 (1999): 300–316.[↩]
19. Colleen Fifty. Barry, et al., "Public Support for Gun Violence Prevention Policies Among Gun Owners and Non–Gun Owners in 2017," American Journal of Public Health 108, no. vii (2018): 878–881.[↩]
20. xviii U.S.C. § 922(g)(viii), (9).[↩]
21. xviii U.S.C. § 921(a)(33).[↩]
22. Id.Also notation that the offender must have been represented by counsel or waived the right to counsel and must have been tried by a jury or waived the right to a jury, if the offense entitled the offender to a jury trial.[↩]
23. Federal Agency of Investigation, Federal Denials, November 30, 1998 –April xxx2018, https://www.fbi.gov/file-repository/federal_denials.pdf/view.[↩]
24. eighteen UsC. § 922(m)(8).[↩]
25. 18 United statesC. § 921(a)(32). The order must also contain a finding that the respondent presents a credible threat to the victim or restrains the respondent from sure specified conduct. 18 U.s.C. § 922(k)(viii). Virtually state laws require these elements for the issuance of a protective order.[↩]
26. 42 UsC. § 3796gg-4.[↩]
27. Giffords Police Center is as well aware of the following laws that require courts to provide domestic violence misdemeanants notice of the federal law prohibiting firearm possession, just which exercise not prohibit firearm possession by these individuals, or require them to surrender firearms already in their possession. Ark. Code § 5-26-313; Due south.C. Code Ann. §§ 16-25-20, sixteen-25-65, 16-25-thirty.[↩]
28. Ala. Lawmaking § 13A-11-72(a).[↩]
29. Ariz. Rev. Stat. §§ 13-3101(A)(vii)(d), 13-3102(A)(four).[↩]
30. Cal. Penal Lawmaking § 29805, 30305. This prohibition applies for assault, battery and stalking misdemeanors, fifty-fifty if they are not domestic violence.[↩]
31. Cal. Penal Code § 29810(a).[↩]
32. Cal. Penal Code § 28220(g).[↩]
33. Colo. Rev. Stat. §§ 18-1-1001(iii)(c), xviii-12-108(6)(c)(I), and xviii-half dozen-801(viii). Colorado uses the federal definition of "misdemeanor law-breaking of domestic violence". See 18 USCS § 921(a)(33).[↩]
34. Colo. Rev. Stat. §§ 18-ane-1001(3)(c), 18-12-108(vi)(c)(I), and 18-6-801(eight). Colorado uses the federal definition of "misdemeanor crime of domestic violence". Run across 18 USCS § 921(a)(33).[↩]
35. Conn. Gen. Stat. §§ 53a-61, 53a-61a, 53a-96; and 53a-181d. Restriction applies to misdemeanors of: attack in the third caste, assault of an elderly, bullheaded, disabled or pregnant person, or person with intellectual disability, and unlawful restraint, fifty-fifty if they are non domestic violence.[↩]
36. Conn. Gen. Stat. § 29-36k(a).[↩]
37. Del. Code Ann. tit. 10, § 901(12); tit. 11, § 1448(a)(seven), (d).[↩]
38. D.C. Official Code § 22-4503(a)(vi). The District of Columbia prohibits anyone convicted of an "[i]ntrafamily offense" from registering a firearm for v years following the conviction. All firearms in the District must be registered. D.C. Code Ann. vii-2502.03(a)(4)(D).[↩]
39. Haw. Rev. Stat. Ann. § 134-1, 134-seven(b).[↩]
40. Haw. Rev. Stat. Ann. § 134-seven.3(b).[↩]
41. 430 Ill. Comp. Stat. 65/2(a)(1), (two), 65/8(m), (50); 720 Ill. Comp. Stat. five/12-iii.2. This restriction applies only to those convicted of domestic battery.[↩]
42. 430 Sick. Comp. Stat. 65/2(a)(1), (2), 65/eight(k), (l); 720 Sick. Comp. Stat. 5/12-3.2. This restriction applies just to those convicted of domestic battery.[↩]
43. 725 Ill. Comp. Stat. 5/112A-eleven.1, 5/112A-eleven.2.[↩]
44. Ind. Code Ann. §§ 35-47-2-1(c), 35-47-iv-6. Required for those convicted of battery.[↩]
45. Iowa Code §§ 236.2, 708.one, 708.2A, 708.11, 724.xv(1), 724.26(2)(a).[↩]
46. Iowa Code §§ 236.ii, 708.1, 708.2A, 708.11, 724.fifteen(ane), 724.26(two)(a).[↩]
47. Kan. Stat. Ann. § 21-6301(a)(eighteen), enacted in 2018 by 2017 KS HB 2145. Annotation that such misdemeanants are just prohibited from possessing guns under Kansas law for five years later on confidence.[↩]
48. La. Rev. Stat. § 14:95.10. Note that this prohibition applies but to battery offenses, and lasts for ten years.[↩]
49. The offenses that trigger Louisiana'due south surrender constabulary are domestic corruption bombardment, specified convictions for battery of a dating partner, and unlawful possession of a firearm past a person convicted of domestic abuse battery or sure offenses of battery of a dating partner. 2018 La. SB 231 (signed past the Governor May 20, 2018), enacting La. Lawmaking. Crim. P. Title XXXV, Fine art. 1001(A)(i), (two).[↩]
50. Mass. Gen. Laws ch. 140, § 129B(1)(two)(f).[↩]
51. Mass. Gen. Laws ch. 140, §§ 129B, 129D.[↩]
52. Mass. Gen. Laws ch. 265, § 13N; see also Mass. Gen. Laws ch. 209A, § 3D.[↩]
53. Me. Stat., 15 § 393(1-B). This prohibition lasts for v years, and does not apply to violence committed against dating partners.[↩]
54. Md. Code Ann., Pub. Safety § five-101(b-ane); 5-133(b)(i), (c); 5-134(b)(2); 5-205.[↩]
55. Md. Code Ann., Crim. Proc. § 6-234 (enacted by 2018 Medico. HB 1646.[↩]
56. This prohibition applies to those restricted from owning guns according to federal law, Minn. Stat. § 624.713, subd. 1(x)(viii); The length of the prohibition varies. Prohibited people include: those convicted in another land of committing an assault against a family unit or household member using a firearm within the by three years; Minn. Stat. § 624.713, subd. 1(8); those convicted in Minnesota of assaulting a family or household member using a firearm (the court determines the prohibitive period for this violation) Minn. Stat. § 624.713, subd. 1(9); those convicted of assaulting a family or household member, or of assault in the 5th degree, within the previous three years (whether or non a firearm was used). Minn. Stat. §§ 624.713, subd. 1(12), 609.2242, subd. 3(d), (e). This provision applies to handguns if the person was convicted between August one, 1992 and 2014. For convictions later the effective date of 2013 Minn. H.B. 3238'south enactment, this prohibition applies to all firearms. Minn. Stat. § 609.2242, subd. 3(due east).[↩]
57. Minn. Stat. §§ 609.749, subd. 8(e)-(g), 609.2242, subd. three(f)-(h).[↩]
58. Minn. Stat. § 624.713, subd. five.[↩]
59. R.R.S. Neb. §28-1206(1). This prohibition lasts for seven years following conviction. Annotation: (5)(a) For purposes of this department, misdemeanor offense of domestic violence means a crime that: (i) Is classified every bit a misdemeanor under the laws of the U.s. or the District of Columbia or the laws of whatsoever country, territory, possession, or tribe; (ii) Has, as an chemical element, the utilise or attempted employ of physical strength or the threatened employ of a deadly weapon; and (3) Is committed by another confronting his or her spouse, his or her former spouse, a person with whom he or she has a child in common whether or not they have been married or lived together at whatever time, or a person with whom he or she is or was involved in a dating relationship equally defined in department 28-323.[↩]
60. Nev. Rev. Stat. Ann. § 202.360(1)(a).[↩]
61. Nev. Rev. Stat. Ann. § 202.361. [↩]
62. N.J. Stat. Ann. §§ 2C:25-19(a), (d), 2C:25-26(a), 2C:39-seven(b), 2C:58-3(c)(1). An law-breaking nether New Jersey law only constitutes a "criminal offence" if a judgement of imprisonment in excess of 6 months is authorized. N.J. Stat. § 2C:1-iv.[↩]
63. N.J. Stat. Ann. §§ 2C:25-27.[↩]
64. N.M. Stat. Ann. § 30-vii-sixteen.[↩]
65. Due north.Y. Penal Constabulary §§ 400.00(1), 265.00(17)(c).[↩]
66. N.Y. Crim. Proc. Police § 370.25.[↩]
67. Northward.Y. Crim. Proc. Police §§ 370.15, 380.97.[↩]
68. Or. Rev. Stat. § 166.255(1)(b).[↩]
69. Or. Rev. Stat. § 166.259[↩]
70. 18 Pa. Cons. Stat. Ann. § 6105(c)(9).[↩]
71. 18 Pa. Cons. Stat. Ann. § 6105.2.[↩]
72. R.I. Gen. Laws §§ 11-47-5(a)(iii)– (a)(v), 12-29-five. Rhode Isle'due south firearm prohibition applies to people who have been convicted of specified domestic violence misdemeanors, including the crimes of elementary assault and violation of a protective order. Annotation, however, that people convicted of these offenses are authorized to petition a district court to regain their firearm rights under state police starting v years afterward the person completed his or her sentence. R.I. Gen. Laws § 11-47-five.five.[↩]
73. R.I. Gen. Laws §§ 11-47-5.iv, 12-29-five(d), (h).[↩]
74. Due south.C. Lawmaking § 16-25-30(A).Time limits for the prohibition differ based on the criminal offense : the prohibition for criminal domestic violence in the start degree for lasts ten years; the prohibitions for criminal domestic violence in the 2nd degree with a decision by the court that the person caused moderate actual injury to their ain household member and criminal domestic violence in the 2nd or third degree lasts for iii years if the judge at the time of sentencing ordered that the person is prohibited from possessing guns; the prohibition for aggravated criminal domestic violence lasts for life life.[↩]
75. S.D. Codification Laws § 22-14-fifteen.2. This prohibition lasts for one year.[↩]
76. Tenn. Lawmaking Ann. § 39-17-1307(f)(i)(A).[↩]
77. Tenn. Lawmaking Ann. § 39-13-111. Specific procedures for relinquishment of firearms are detailed under Tenn. Code Ann. § 36-iii-625.[↩]
78. Texas prohibits firearm possession by domestic violence misdemeanants for five years following release from confinement or customs supervision. Tex. Fam. Code Ann. § 71.001 et seq.; Tex. Penal Code Ann. §§ 22.01, 46.04(b).[↩]
79. Utah Lawmaking Ann. § 76-10-503(1)(b)(11).[↩]
80. Va. Lawmaking Ann. § eighteen.two-308.one:8.[↩]
81. Vermont police prohibits individuals who have been convicted of a violent offense from possessing a firearm. The definition of "violent offense" includes domestic violence misdemeanor offenses including domestic assault, stalking, sexual assault, and aggravated assault crimes. Vt. Stat. Ann. tit. 13, § 4017; 5301(7).[↩]
82. Launder. Rev. Code Ann. §§ 9.41.010, 9.41.040(2)(a)(i), 10.99.020(3).[↩]
83. W. Va. Lawmaking § 61-vii-seven(a)(8). See W. Va. Code § 61-2-28.[↩]
84. Note that federal law does not require background checks on ammunition purchasers. For more than information on laws governing the transfer of armament, encounter our summary on Armament Regulation.[↩]
85. Illinois, for example, prohibits firearm and ammunition possession by anyone convicted of "domestic battery," defined to include sure acts confronting:
    • Any person related by blood or marriage, or through a child, to the defendant.
    • Any person who shares, or has shared, a dwelling with the defendant.
    • Any person who has, or has had, a dating or appointment relationship with the defendant (excluding casual acquaintances and ordinary fraternization in concern or social contexts).
    • Any person with disabilities if the defendant was his or her personal banana.
    • Any person with a duty to care for an elderly person or a person with disabilities in that person's home.430 Ill. Comp. Stat. 65/two(a)(1), (ii), 65/8(fifty); 720 Ill. Comp. Stat. 5/12-three.2(a)(one), (2), 725 Ill. Comp. Stat. 5/112A-three.

    [↩]

86. Cal. Penal Code §§ 29805, 30305. California besides authorizes courts to prohibit defendants from purchasing or possessing firearms in cases where the accused ischargedwith, only not yet convicted of, a domestic violence misdemeanor. Cal. Penal Lawmaking § 136.2(a)(7)(B), (d), (due east).[↩]
87. N.Y. Crim. Proc. Police force §§ 370.15, 380.97.[↩]
88. 725 Ill. Comp. Stat. 5/112A-xi.ane, 5/112A-xi.2.[↩]
89. Minn. Stat. § 624.713, subd. 5.[↩]
90. Mass. Gen. Laws ch. 265, § 13N; run into also Mass. Gen. Laws ch. 209A, § 3D.[↩]
91. Some additional states require courts to provide domestic violence protective gild defendants notice of the federal constabulary prohibiting firearm possession, only do not prohibit firearm possession by these individuals, or require them to surrender firearms already in their possession. See, e.1000., Ark. Code § 9-xv-207(b)(iii).[↩]
92. Ala. Code § 13A-11-72(a).[↩]
93. Alaska Stat. §§ 18.66.100(c)(6), (7), xviii.66.990(3), (five). Give up of firearms only if the respondent was in possession of or used a firearm during the commission of the domestic violence. Respondents subject to this lodge are not prohibited from purchasing firearms.[↩]
94. Alaska Stat. §§ 18.66.100(c)(6), (seven), xviii.66.990(3), (5). Give up of firearms just if the respondent was in possession of or used a firearm during the commission of the domestic violence. Respondents subject to this guild are non prohibited from purchasing firearms.[↩]
95. Ariz. Rev. Stat. §§ xiii-3601, 13-3602(G)(4), 13-3624(D)(4). Authorized if defendant is a credible threat.[↩]
96. Ariz. Rev. Stat. § xiii-3624 (D)(4).[↩]
97. Ariz. Rev. Stat. §§ 13-3601, 13-3602(M)(four), 13-3624(D)(4). Authorized if accused is a credible threat.[↩]
98. Cal. Penal Code §§ 136.two, 1524(a)(eleven), 18250, 29825(d), 30305; Cal. Civ. Proc. Code §§ 527.half dozen(t), 527.ix; Cal. Fam. Code §§ 6211, 6218, 6304, 6306(a), 6389.[↩]
99. Cal Fam Lawmaking § 6389, 6218, 6320, 6321, 6322.[↩]
100. Cal. Penal Code §§ 136.2, 1524(a)(11), 18250, 29825(d), 30305; Cal. Civ. Proc. Lawmaking §§ 527.6(t), 527.9; Cal. Fam. Code §§ 6211, 6218, 6304, 6306(a), 6389. California's law too authorizes the court to outcome a search warrant if the respondent fails to relinquish firearms he or she possesses.[↩]
101. Colo. Rev. Stat. §§ 13-14-105, 13-14-105.5(eleven), 18-i-1001(9), 18-6-803.five(c)(I).[↩]
102. Colo. Rev. Stat. § 13-14-105.5(11), thirteen-14-104.five.[↩]
103. Colo. Rev. Stat. §§ thirteen-14-105, 13-fourteen-105.v(xi), 18-1-1001(9), 18-6-803.5(c)(I).[↩]
104. Conn. Gen. Stat. §§ 29-36f(b), 29-36k, 46b-15, 46b-38a, 53a-217, 53a-217c.[↩]
105. Conn. Gen. Stat. §§ 29-36f(b), 29-36k, 46b-xv, 46b-38a, 53a-217, 53a-217c.[↩]
106. Conn. Gen. Stat. §§ 29-36f(b), 29-36k, 46b-15, 46b-38a, 53a-217, 53a-217c.[↩]
107. Del. Code Ann. tit. 10, §§ 1041(2), 1043(e), 1045(a)(eight); tit. xi, § 1448(a)(6). Exception for orders issued nether Del. Code Ann. tit. 10, § 1041(1) d, eastward, or h.[↩]
108. Del. Lawmaking Ann. tit. 10, §§ 1041(2), 1043(e), 1045(a)(8); tit. 11, § 1448(a)(vi). Exception for orders issued under Del. Code Ann. tit. 10, § 1041(1) d, e, or h.[↩]
109. D.C. Code Ann. §§ 7-2501.01(9B), 7-2502.03(a)(12), 7-2506.01, 16-1001(half dozen)-(9), 16-1005(c)(x). The court is simply authorized, but not required, to guild the relinquishment of firearms: D.C. Code § 16-1005(c)(x).[↩]
110. D.C. Code Ann. § xvi-1004(h)(two).[↩]
111. Fla. Stat. Ann. §§ 741.28, 741.30(1)(e), (6)(g), 741.31(four), 790.233.[↩]
112. Haw. Rev. Stat. §§ 134-seven(f), 586-1, 586-3.[↩]
113. Haw. Rev. Stat. §§ 134-7(f), 586-1, 586-3.[↩]
114. Haw. Rev. Stat. § 134-seven(f). In Hawaii, upon service of a domestic violence restraining order, the police force officeholder may take custody of any firearms and ammunition in plain sight, discovered pursuant to a consensual search, or surrendered past the person. If the police officer is unable to locate firearms or armament registered to that person or known to the victim, the law officeholder must utilize to the courtroom for a search warrant for the purpose of seizing firearms and ammunition.[↩]
115. 430 Ill. Comp. Stat. 65/two(a)(one), (two), 65/eight.2; 725 Sick. Comp. Stat. five/112A-3, 5/112A-14(b)(fourteen.5); 750 Ill. Comp. Stat. 60/201, sixty/214(b)(14.5), 60/217(a)(3)(i).[↩]
116. 430 Sick. Comp. Stat. 65/2(a)(one), (2), 65/eight.2; 725 Ill. Comp. Stat. five/112A-three, 5/112A-14(b)(14.5); 750 Ill. Comp. Stat. lx/201, 60/214(b)(fourteen.five), sixty/217(a)(3)(i).[↩]
117. 750 Ill. Comp. Stat. 60/214. In Illinois, when a court issues a domestic violence protective order that triggers the federal firearms prohibition, the courtroom must also upshot a warrant for seizure of whatever firearms in the respondent's possession.[↩]
118. Ind. Code Ann. §§ 31-9-2-42, 31-9-ii-44.5, 34-26-5-2, 34-26-v-9(c)(4), (f).[↩]
119. Ind. Code Ann. §§ 31-nine-2-42, 31-9-ii-44.5, 34-26-5-2, 34-26-5-ix(c)(four), (f).[↩]
120. Iowa Lawmaking §§ 236.2(two), (4), 236.v(1)(b)(2), 724.26(2), (4). This police matches the federal requirements.[↩]
121. Iowa Code §§ 236.2(two), (4), 236.5(1)(b)(2), 724.26(2), (4). Matches federal requirements.[↩]
122. Kan. Stat. Ann. § 21-6301(a)(17).[↩]
123. La. Rev. Stat. § 46:2136.three. Required if the person presents a credible threat and the order informs them that they are prohibited from possessing a firearm.[↩]
124. La. Rev. Stat. § 46:2136.iii. Required if the person presents a credible threat and the order informs them that they are prohibited from possessing a firearm; La. Code Crim. Proc. Ann. § art.1002(B).[↩]
125. Me. Stat., 15 § 393 (1)(D), tit. 19-A, § 4007(i)(A-1). Required if the order meets the federal requirements.[↩]
126. Me. Rev. Stat. tit. nineteen-A, § 4006.[↩]
127. Dr.. Lawmaking Ann., Fam. Law §§ four-501, 4-506; Pub. Condom § 5-133(b)(12).[↩]
128. Md. Lawmaking Ann., Fam. Law § iv-506(f).[↩]
129. Mass. Gen. Laws ch. 140, §§ 129B(one)(viii), 129C, 131(d)(six); ch. 209A.[↩]
130. Mass. Gen. Laws ch. 140, §§ 129B(i)(viii), 129C, 131(d)(vi); ch. 209A, § 3B. Required if the courtroom finds a substantial likelihood of immediate danger of corruption.[↩]
131. Mass. Gen. Laws ch. 209A, § 3B. In Massachusetts, when police force enforcement serves a domestic violence protective social club, law enforcement must immediately take possession of all firearms and ammunition in the respondent's possession, or under their buying or control.[↩]
132. Mich. Comp. Laws §§ 28.422(3)(a)(iii)-(v), 600.2950(1)(e), (12), 600.2950a(3)(c), (26).[↩]
133. Mich. Comp. Laws Serv. §§ 600.2950(ane)(due east),(12), 600.2950a(3)(c).[↩]
134. Minn. Stat. §§ 260C.201, subd. 3, 518B.01, subd. six, 624.713, subd. 1.[↩]
135. Minn. Stat. §§ 260C.201, subd. iii, 518B.01, subd. 6, 624.713, subd. 1.[↩]
136. Mont. Lawmaking Ann. §§ xl-15-102(2)(a), forty-xv-103(1)(6), 40-15-201(f).[↩]
137. Mont. Code Ann. § twoscore-15-201(1) and (ii)(f). This order simply authorizes the prohibition of possession of the gun used in the assault.[↩]
138. Neb. Rev. Stat. §§ 28-1206(1)(a), (4)(b), 42-903, 42-924.[↩]
139. Neb. Rev. Stat. § 42-924(i)(g), 42-925(1).[↩]
140. Nev. Rev. Stat. §§ 33.018, 33.020, 33.0305, 33.031, 33.033.[↩]
141. Nev. Rev. Stat. §§ 33.018, 33.020, 33.031, 33.033[↩]
142. Due north.H. Rev. Stat. Ann. §§ 173-B:one, 173-B:four, 173-B:5(2).[↩]
143. N.H. Rev. Stat. Ann. § 173-B:iv(I).[↩]
144. Northward.H. Rev. Stat. Ann. §§ 173-B:1, 173-B:4, 173-B:5(II).[↩]
145. N.M. Stat. Ann. § 40-xiii-five(A)(2).[↩]
146. N.M. Stat. Ann. § 40-13-v(A)(ii).[↩]
147. Northward.J. Stat. Ann. §§ 2C:25-xix, 2C:25-28(f), (j), 2C:25-29(b), 2C:39-vii(b)(three), 2C:58-3(c)(six).[↩]
148. "Emergency relief may include . . . forbidding the defendant from possessing any firearm . . . ." N.J. Stat. § 2C:25-28(j); "In proceedings in which complaints for restraining orders have been filed, the courtroom shall grant whatsoever relief necessary to prevent further corruption. In addition to whatever other provisions, any restraining social club issued past the courtroom shall bar the defendant from purchasing, owning, possessing or decision-making a firearm . . . .The order shall require the immediate surrender of any firearm or other weapon belonging to the defendant. . . ." N.J. Stat. § 2C:25-29(b).[↩]
149. N.J. Stat. Ann. §§ 2C:25-28(j), effective Baronial 1, 2017; 2C:25-29(b).[↩]
150. N.Y. Crim. Proc. Law §§ 530.xi, 530.12, 530.14; N.Y. Fam. Ct. Human action §§ 812, 822, 828(three), 842-a; N.Y. Penal Code § 400.00. Required if court finds: infliction of physical injury (divers equally "impairment of physical status or substantial pain" NY CLS Penal § 10.00(9); the use or threatened use of a deadly weapon; or behavior constituting a trigger-happy felony offense.[↩]
151. N.Y. Crim. Proc. Law §§ 530.12(1), 530.14(1)(a); N.Y. Fam. Ct. Act § 842-a(one). Required if respondent has a prior confidence of a trigger-happy felony; has previously willfully failed to obey a prior order of protection, and the failure involved the infliction of physical injury, the use or threatened use of a deadly weapon, or beliefs constituting whatever tearing felony offense; or has a prior conviction of stalking in the first, second, third or quaternary degree.[↩]
152. Northward.Y. Crim. Proc. Law §§ 530.11, 530.12, 530.xiv; N.Y. Fam. Ct. Human activity §§ 812, 822, 828(3), 842-a; North.Y. Penal Code § 400.00. Required if court finds: infliction of concrete injury (defined as "impairment of physical condition or substantial pain" NY CLS Penal § 10.00(9); the use or threatened use of a mortiferous weapon; or beliefs constituting a violent felony offense.[↩]
153. Due north.C. Gen. Stat. §§ fourteen-269.8, 50B-one, 50B-3(a)(11), 50B-3.1.[↩]
154. N.C. Gen. Stat. § 50B-three.1(a). Required if court finds: the use or threatened use of a deadly weapon past the accused or a pattern of prior conduct involving the use or threatened use of violence with a firearm against persons; threats to seriously injure or kill the aggrieved party or minor child by the defendant; threats to commit suicide by the accused; or serious injuries inflicted upon the aggrieved party or pocket-size kid by the defendant.[↩]
155. Northward.C. Gen. Stat. §§ xiv-269.eight, 50B-1, 50B-3(xi), 50B-three.one.[↩]
156. N.D. Cent. Code §§ 14-07.1-01, 14-07.1-02, 14-07.1-03.[↩]
157. N.D. Cent. Code § fourteen-07.one-03(2)(d). Authorized if the courtroom has probable cause to believe that the respondent is likely to use, display, or threaten to utilize the firearm or other unsafe weapon in any further acts of violence.[↩]
158. Northward.D. Cent. Code §§ xiv-07.1-01, 14-07.1-02, 14-07.1-03.[↩]
159. Ohio Rev. Code § 3113.31(Eastward)(1)(h); See also "Course 10.01-H: DOMESTIC VIOLENCE CIVIL PROTECTION Lodge (DVCPO) EX PARTE."[↩]
160. Ohio Rev. Code § 3113.31(Eastward)(1)(h); See besides "Grade 10.01-H: DOMESTIC VIOLENCE CIVIL PROTECTION Society (DVCPO) EX PARTE."[↩]
161. Or. Rev. Stat. § 166.255(1)(a).[↩]
162. Or. Rev. Stat. § 166.256.[↩]
163. 23 Pa. Cons. Stat. Ann. §§ 6108(a.1)(one).[↩]
164. 23 Pa. Cons. Stat. Ann. § 6107(b)(iii). Must demonstrate abuse that involves a firearm or other weapon or an firsthand and present danger of such abuse.[↩]
165. 23 Pa. Cons. Stat. Ann. §§6108(a)(7); 6108.2; and 6108.iii.[↩]
166. R.I. Gen. Laws §§ xi-47-five(b), fifteen-15-1, 15-xv-3, 8-8.i-3(a)(4), (c).[↩]
167. R.I. Gen. Laws §§ 11-47-5(b), 15-15-1, 15-15-3, 8-8.1-3(a)(4), (c).[↩]
168. Due south.C. Lawmaking Ann. § 16-25-30(A)(4). Required if the family court judge ordered that the person is prohibited from shipping, transporting, receiving, or possessing a firearm or armament.[↩]
169. Due south.D. Codified Laws § 25-10-24.[↩]
170. S.D. Codified Laws § 25-x-5(6) authorizes other relief every bit the courtroom deems necessary. The official course for domestic violence restraining orders in South Dakota explicitly authorizes surrender of firearms to local sheriff, http://ujs.sd.gov/uploads/forms/protection/UJS-091C-Domestic%20Temporary%20Order.[↩]
171. Due south.D. Codified Laws § 25-x-24.[↩]
172. Tenn. Code §§ 36-3-625, 39-13-113, 39-17-1307(f)(1)(B).[↩]
173. Tenn. Code §§ 36-3-625, 39-13-113, 39-17-1307(f)(1)(B).[↩]
174. Tex. Penal Code Ann. §§ 25.07, 46.04; Tex. Fam. Code Ann. §§ 71.001 et seq., 85.022(b)(half-dozen), (d); Tex. Crim. Proc. Code Ann. art. 17.292(c)(iv).[↩]
175. Tex. Penal Code Ann. §§ 25.07(a), Tex. Fam. Lawmaking § 83.001.[↩]
176. Utah Code Ann. § 76-x-503(b)(x). Must include a finding that the respondent or defendant represents a credible threat to the physical safety of an an intimate partner or child of the individual; or explicitly prohibit the employ, attempted employ, or threatened apply of physical strength that would reasonably be expected to cause bodily harm against an intimate partner or the child of an intimate partner.[↩]
177. Benson five. Muscari (2001) 172 Vt. ane, 769 A.2d 1291 interpreting Vt. Stat. Ann. tit. 15, § 1103(c).[↩]
178. Vt. Stat. Ann. tit. 20, § 2307.[↩]
179. Va. Code Ann. §§ xvi.1-228, xvi.one-253.1, 16.ane-253.4, sixteen.1-279.1, xviii.ii-308.09, 18.two-308.ane:4, 18.two-308.2:2.[↩]
180. Va. Code Ann.§ 18.two-308.ane:4(C).[↩]
181. Launder. Rev. Code Ann. §§ 9.41.040(ii)(a)(iii), x.99.040. Must include a finding that the respondent or accused represents a credible threat to the physical prophylactic of an an intimate partner or child of the private; or explicitly prohibit the use, attempted utilize, or threatened use of concrete force that would reasonably be expected to crusade bodily impairment against an intimate partner or the kid of an intimate partner.[↩]
182. Rev. Code Wash. § 9.41.800(4).[↩]
183. Wash. Rev. Lawmaking Ann. §§ ix.41.040(2)(a)(iii), x.99.040. Must include a finding that the respondent or defendant represents a apparent threat to the physical condom of an an intimate partner or child of the private; or explicitly prohibit the use, attempted apply, or threatened utilize of physical force that would reasonably be expected to crusade actual harm confronting an intimate partner or the child of an intimate partner.[↩]
184. W. Va. Code §§ 48-27-204, 48-27-305, 48-27-403(a), 48-27-502(b), 61-7-vii(a)(7).[↩]
185. West. Va. Lawmaking §§ 48-27-204, 48-27-305, 48-27-403(a), 48-27-502(b), 61-7-vii(a)(7).[↩]
186. Wis. Stat. §§ 813.12(1)(am), (b), (c), (4m), 813.122(5m), 941.29(1)(f), (g), (2)(d), (due east).[↩]
187. Wis. Stat. § 941.29(1m)(f) referencing § 813.12; Wis. Stat. § 813.12(2), (3).[↩]
188. Wis. Stat. §§ 813.12(1)(am), (b), (c), (4m), 813.122(5m), 941.29(1)(f), (g), (ii)(d), (e).[↩]
189. State laws may also prohibit firearm purchase or possession by people subject to anti-stalking protective orders that do not depend on the relationship between the offender and the victim. These laws are non discussed here.[↩]
190. Cal. Penal Code §§ 136.two, 1524(a)(xi), 18250, 29825(d), 30305; Cal. Civ. Proc. Code §§ 527.6(t), 527.nine; Cal. Fam. Code §§ 6211, 6218, 6304, 6306(a), 6320-6322, 6389.[↩]
191. Cal. Penal Code § 29825(d); Cal. Civ. Proc. Code § 527.9(d); Cal. Fam. Code §§ 6209 – 6211.[↩]
192. Some states also qualify issuance of protective orders that require the respondent to surrender his or her firearms license or to direct constabulary enforcement to remove a firearms license from the respondent. For example, North Carolina requires a judge issuing a domestic violence protective order to direct the respondent to surrender all permits to purchase firearms and permits to carry curtained firearms if certain conditions exist. Northward.C. Gen. Stat. § 50B-iii.i.[↩]
193. Illinois, for case, requires the respondent to plow over their firearms to constabulary enforcement. 750 Ill. Comp. Stat. lx/214. California requires the respondent either to surrender their firearms to constabulary enforcement or to sell those firearms to a licensed gun dealer. Cal. Fam. Lawmaking § 6389.[↩]
194. Come across, e.k., 23 Pa. Cons. Stat. Ann. §§ 6108-6108.3.[↩]
195. 18 U.s.a.C. § 922(k)(eight); eighteen United states of americaC. § 921(a)(32)(defining "intimate partner"); 27 CFR 478.11.[↩]
196. 18 U.S.C. § 922(chiliad)(9); 18 United statesC. § 921(a)(33)(defining "misdemeanor law-breaking of domestic violence"); 27 CFR 478.xi.[↩]
197. Alaska Stat. § eighteen.66.990(v).[↩]
198. Alaska Stat. § 18.66.100(c)(half-dozen).[↩]
199. Ariz. Rev. Stat. § thirteen-3601.[↩]
200. Ariz. Rev. Stat. § thirteen-3602(Yard)(4).[↩]
201. Ariz. Rev. Stat. §§ 13-3101(A)(vii)(d), 13-3102(A)(4).[↩]
202. Cal. Family Lawmaking §§ 6211, 6218, 6389.[↩]
203. Cal. Penal Code § 29825(a).[↩]
204. Cal. Penal Code § 29805.[↩]
205. Conn. Gen. Stat. § 46b-38a(2).[↩]
206. Conn. Gen. Stat. § 53a-217(a)(4). Encounter likewise Conn. Gen. Stat. § 53a-217c(a)(v) for similar prohibitions for "criminal possession of a pistol or revolver."[↩]
207. Conn. Gen. Stat. § 53a-61; Conn. Gen. Stat. § 53a-61a; Conn. Gen. Stat. § 53a-96; Conn. Gen. Stat. § 53a-181d.[↩]
208. D.C. Code Ann. § seven-2501.01(9B).[↩]
209. D.C. Code Ann. § 7-2502.03(a)(12).[↩]
210. D.C. Code Ann. § 7-2502.03(a)(4)(D).[↩]
211. Del. Code Ann. tit. 10, § 1041(ii)(b).[↩]
212. Del. Code Ann. tit. eleven, § 1448(a)(vi). This provision does non apply to a contested society issued solely upon Del. Code Ann. tit. 10, § 1041(1)(d), (east), or (h), or any combination thereof.[↩]
213. Del. Code Ann. tit. xi, § 1448(a)(seven).[↩]
214. Haw. Rev. Stat. Ann. §§ 586-1, 586-3.[↩]
215. Haw. Rev. Stat. Ann. § 134-7(f).[↩]
216. Hawaii prohibits all people convicted of vehement misdemeanors from possessing firearm. Haw. Rev. Stat. § 134-vii.[↩]
217. 725 Ill. Comp. Stat. 5/112A-iii(iii).[↩]
218. 725 Ill. Comp. Stat. 5/112A-fourteen(b)(fourteen.five)(A).[↩]
219. 430 Ill. Comp. Stat. 65/four(a)(two) (9); 430 Ill. Comp. Stat. 65/eight(l).[↩]
220. Kan. Stat. Ann.§§ 21-6301(a)(18), 21-6301(chiliad).[↩]
221. Kan. Stat. Ann.§§ 21-6301(a)(17), 21-6301(thou)(3).[↩]
222. A 2018 Kansas police force prohibits people convicted of domestic violence misdemeanors from possessing guns for five years later confidence. This police defines "domestic violence" to include the use or attempted use of physical force, or the threatened use of a deadly weapon, confronting a person with whom the offender is involved or has been involved in a dating relationship or is a family or household member. Kan. Stat. Ann.§§ 21-6301(a)(18), 21-6301(1000)(ane).[↩]
223. Only applies to electric current dating partners; See 2017 LA HB 223, Section three.[↩]
224. Id.[↩]
225. Dr.. Family Law Code Ann. § iv-501(m).[↩]
226. La. Rev. Stat. § 14:95.10.[↩]
227. Medico. Code Ann., Pub Rubber §§ 5-101(b-i); Md. Family unit Law Code Ann. §§ half-dozen-233.[↩]
228. Mass. Gen. Laws ch. 209A, § one.[↩]
229. Run across Mass. Gen. Laws ch. 209A, § 3B.[↩]
230. Mass. Gen. Laws ch. 140, § 129B(1)(i)(f); see besides Mass. Gen. Laws ch. 140, §§ 129B; 131; ch. 265 § 13N.[↩]
231. Meet Mont. Code Ann. § 45-5-206(ii)(b).[↩]
232. Mont. Code Ann. § 40-fifteen-116; 40-15-102; and Mont. Code Ann. § 40-v-206(ii).[↩]
233. Mont. Code Ann. § 40-5-206(2).[↩]
234. Does not use to same-sex relationships. Neb. Rev. Stat. §§ 28-1206(5), 28-323(8).[↩]
235. Bill. Rev. Stat. §§ 28-1206(v), 28-323(eight).[↩]
236. Neb. Rev. Stat. § 42-903(3).[↩]
237. N.H. Rev. Stat. Ann. § 631:2-b(Three)(b).[↩]
238. N.H. Rev. Stat. Ann. § 173-B:5(II).[↩]
239. Due north.H. Rev. Stat. Ann. § 631:2-b(Iii)(b).[↩]
240. N.J. Stat. Ann. §§ 2C:25-19d.[↩]
241. Due north.J. Stat. Ann. § 2C:25-29(b).[↩]
242. Due north.Thousand. Stat. Ann. § 30-3-11(A), (B).[↩]
243. N.J. Stat. Ann. § 2C:39-7b(1), (2).[↩]
244. Northward.Thou. Stat. Ann. § 40-thirteen-2.[↩]
245. Come across N.Y. Penal Law § 265.00(17); N.Y. Crim. Proc. Police force §§ 530.11.[↩]
246. Due north.Y. Fam. Ct. Act § 842-a(1), (ii), § 828(i)(a), (three); N.Y. Crim. Proc. Law §§ 530.12(1), 530.14(1)(a), (2). See likewise N.Y. Penal Law § 400.00(1)(e), (11).[↩]
247. Due north.Y. Penal Constabulary §§ 400.00(ane), 265.00(17).[↩]
248. Does not utilise to abusive partners in aforementioned-sex relationships. N.C. Gen. Stat. § 50B-1(b).[↩]
249. N.C. Gen. Stat. § 50B-three.[↩]
250. N.C. Gen. Stat. § 14-33.(d); 50B-1(b)(6).[↩]
251. N.D. Cent. Lawmaking § 14-07.1-01(4).[↩]
252. N.D. Cent. Code § xiv-07.1-02(4)(g).[↩]
253. Due north.D. Cent. Lawmaking § fourteen-07.ane-01; 12.1-17-01.ii.[↩]
254. Or. Rev. Stat. §§ 166.255, 135.230.[↩]
255. Or. Rev. Stat. § 166.255(1)(a).[↩]
256. Or. Rev. Stat. § 166.255(1)(b).[↩]
257. 18 Pa. Cons. Stat. Ann. § 6105(c)(9)(iv).[↩]
258. 18 Pa. Cons. Stat. Ann. § 6105(c)(half-dozen); 23 Pa. Cons. Stat. Ann. § 6102.[↩]
259. Tex. Fam. Code §§ 71.0021, 71.003, 71.005, 71.006.[↩]
260. Tex. Pen. Code § 25.07(a).[↩]
261. Tex. Fam. Lawmaking §§ 71.004, 71.0021,.[↩]
262. Utah Code Ann. §§ 77-36-one(4), 78B-vii-102(2), (5), 78B-7-106, and 78B-7-107(2).[↩]
263. Utah Lawmaking Ann. § 76-ten-503(1)(b)(x); Utah Code Ann. §§ 77-36-one(4).[↩]
264. Indirectly. Any person who commits misdemeanor stalking, sexual set on or aggravated attack offenses is prohibited from possessing firearms. See Vt. Stat. Ann. tit. 13, §§ 5301(7), 1062-63, 3252-53, 1024.[↩]
265. Any person who commits misdemeanor stalking, sexual assault or aggravated set on is prohibited from possessing a firearm. Vt. Stat. Ann. tit. xiii, §§ 4017(d)(iii), 5301(vii).[↩]
266. Va. Code Ann. § xviii.2-308.1:4(B) (citing Va. Lawmaking Ann. § 19.2-152.10).[↩]
267. Va. Lawmaking Ann. § 18.2-308.one:4(B) (citing Va. Code Ann. §  § sixteen.one-279.1); Run into also 16.i-279.1 defining "family or household member."[↩]
268. See Wash. Rev. Code Ann. §§ nine.41.010(v); 10.99.020(three); and Launder. Rev. Lawmaking Ann. § 26.l.010(6).[↩]
269. Wash. Rev. Code Ann. § nine.41.040(ii)(a).[↩]
270. Wash. Rev. Code Ann. §§ 9.41.010(13), 26.fifty.010(seven).[↩]
271. West. Va. Code §§ 61-two-9(b), (c), 61-7-seven(a)(8), 48-26-210, 48-27-204.[↩]
272. W. Va. Code § 61-7-7(a)(7).[↩]
273. West. Va. Code § 61-7-7(a)(8). Run into W. Va. Code § 61-two-28.[↩]
274. Wis. Stat. § 813.12(1)(am).[↩]
275. Cal. Penal Code §§ 18250-18500, 33850-33895.[↩]
276. Haw. Rev. Stat. §§ 134-7.5, 709-906.[↩]
277. 725 Ill. Comp. Stat. 5/112A-30(a)(two), 750 Sick. Comp. Stat. 60/304(a)(two).[↩]
278. Mont. Lawmaking Ann. § 46-half dozen-603.[↩]
279. Nib. Rev. Stat. § 29-440.[↩]
280. N.H. Rev. Stat. Ann. § 173-B:ten.[↩]
281. North.J. Stat. Ann. § 2C:25-21(d).[↩]
282. Ohio Rev. Lawmaking Ann. §§ 2935.03(B)(three)(h), 2981.12(A)(ii).[↩]
283. Okla. Stat. tit. 22, § 60.viii.[↩]
284. 18 Pa. Cons. Stat. § 2711.[↩]
285. Tenn. Code Ann. §§ 36-3-620, 39-17-1317.[↩]
286. Utah Code Ann. § 77-36-2.1(1)(b).[↩]
287. Wash. Rev. Code Ann. § 10.99.030(3).[↩]
288. Due west. Va. Code § 48-27-1002.[↩]
289. Alaska Stat. § 18.65.515(b).[↩]
290. Ariz. Rev. Stat. § 13-3601.[↩]
291. Conn. Gen. Stat. § 46b-38b(a).[↩]
292. Ind. Code Ann. § 35-33-1-i.5.[↩]
293. Physician. Lawmaking Ann., Fam. Law § 4-511.[↩]
294. Vt. Stat. Ann. tit. 13, § 1048(a)(one).[↩]
295. N.H. Rev. Stat. Ann. § 173-B:10.[↩]
296. Conn. Gen. Stat. § 46b-38b(a).[↩]
297. Northward.J. Stat. Ann. § 2C:25-21(d).[↩]
298. Cal. Penal Code §§ 18250-18500, 33850-33895.[↩]
299. Haw. Rev. Stat. §§ 134-vii.5, 709-906.[↩]
300. Okla. Stat. tit. 22, § threescore.eight.[↩]
301. Ohio Rev. Code Ann. §§ 2935.03(B)(iii)(h), 2981.12(A)(2).[↩]
302. 725 Ill. Comp. Stat. 5/112A-30(a)(2), 750 Sick. Comp. Stat. 60/304(a)(2); Md. Lawmaking Ann., Fam. Constabulary § 4-511.[↩]
303. New Bailiwick of jersey gives the prosecutor 45 days in which to petition for title of a firearm seized at a domestic violence scene. N.J. Stat. Ann. § 2C:25-21(d).[↩]
304. Arizona requires firearms seized at a domestic violence scene to be held by law enforcement for at least 72 hours, and upwards to half-dozen months, if a court finds that return of the firearm may endanger the victim. Ariz. Rev. Stat. § 13-3601.[↩]
305. Cal. Penal Code §§ 29805, 646.nine.[↩]
306. Conn. Gen. Stat. § 53a-217, 53a-181d. This prohibition includes armament.[↩]
307. Haw. Rev. Stat. Ann. § 134-1, 134-7(b). This prohibition includes ammunition.[↩]
308. Minn. Stat. § 609.749, subd. 8(a)-(c). This prohibition lasts for iii years, simply tin be increased to last up to the respondent's lifetime if a firearm was used during committee of the stalking.[↩]
309. North.M. Stat. Ann. § 30-vii-sixteen.[↩]
310. Northward.Y. Penal Law §§ 265.00(17)(b), 265.01(4), 120.45, 120.50. Applies only to long guns. However N.Y. Penal Law §§ 400.00(1) prohibits the issuance of a license to carry handguns to these misdemeanants, effectively prohibiting the possession of handguns too.[↩]
311. N.D. Cent. Code § 62.1-02-01(b), 12.1-17-07.one. Required only if misdemeanor was committed with a dangerous weapon; the prohibition lasts for five years.[↩]
312. Or. Rev. Stat. § 166.255(1)(c), 163.732, effective 1/1/nineteen.This prohibition includes armament.[↩]
313. 18 Pa. Cons. Stat. Ann. § 6105(b), 2709.1.[↩]
314. R.I. Gen. Laws §§ eleven-47-5(a)(4)(ii), 11-52-4.ii. Applies only to cyberstalking.[↩]
315. Cal. Penal Code § 646.91(c)(4)(B).[↩]
316. Fla. Stat. § 790.401(three)(b), (c)(10); (iv)(c). This is an Extreme Take chances Protection Order (ERPO), however in Florida, stalking can be a justification for seeking an ERPO.[↩]
317. R.R.Southward. Beak. § 28-311.09, 28-1206. This is a harassment protective order. However, Nebraska'due south description of stalking includes harassment as an integral component: "Any person who willfully harasses another person or a family or household fellow member of such person with the intent to injure, terrify, threaten, or intimidate commits the offense of stalking. § 28-311.03".[↩]
318. West. Va. Lawmaking § 53-8-seven(a)(2)(A)(ii), (d)(i)(F), 53-8-4(a)(2), 61-two-9a. Authorized if: a weapon was used or threatened to exist used in the commission of the crime predicating the petitioning for the lodge; the respondent has violated any prior order as specified under this article; or the respondent has been convicted of an offense involving the utilise of a firearm.[↩]
319. Wis. Stat. § 813.125(four)(a)(2), 940.32. This is a harassment protection social club. Wisconsin'southward definition of harassment includes stalking: Wis. Stat. § 813.125(i)(am)(1).[↩]

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Source: https://giffords.org/lawcenter/gun-laws/policy-areas/who-can-have-a-gun/domestic-violence-firearms/

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