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EspañolIf I think the abuser has a gun illegally, who do I report it to?
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Also, a local domestic violence organization may be able to answer your questions and help you talk to the right law enforcement officials. You can find contact information for organizations in your area on our Idaho Advocates and Shelters page.
Note: Generally, a person does not need to know the law to be arrested for breaking it. Therefore, if the abuser has or buys a gun in violation of the law, s/he can be arrested, whether or not s/he knows that s/he broke the law.1
1United States v. Lippman, 369 F. 3d 1039 (8th Cir. 2004); United States v. Henson, 55 F. Supp. 2d 528 (S.D. W.V. 1999)
What will happen if the abuser tries to buy a gun?
Buying a gun from a licensed gun seller
Someone who wants to buy a gun from a licensed gun seller, also known as a firearms dealer, must first pass a criminal background check. This background check is done through the National Instant Criminal Background Check System (NICS). A licensed gun seller will use the NICS to instantly check whether the person can legally buy, have, and transport guns or explosives.1
If the abuser was convicted of a felony or domestic violence misdemeanor in any state or territory, or if s/he has a qualifying protection order against him/her, those records should be in the NICS. This should prevent the abuser from legally buying a gun. However, not all states automatically put their records in NICS. This makes it more difficult to do a complete criminal background check. Sometimes criminals and abusers might slip through the system.
Buying a gun from a private seller or online
Someone who wants to buy a gun from a private seller or online seller doesn’t have to go through a background check. Private and online gun sellers don’t use the NICS.
Note: Just because someone was able to buy a gun, this doesn’t always mean it is legal for him/her to have one. If you believe that the abuser cannot legally have a gun but has one anyway, you can report it to the police. You can ask them to take the abuser’s gun away. Hopefully, the police will investigate the situation. You may also want to consider making a safety plan, which might include filing for a restraining order. An advocate at your local domestic violence organization may be able to help you design a personalized safety plan.
