English
EspañolI have an order for protection against the abuser. Can his/her gun be taken away?
Under Indiana law, a judge can include in a final order for protection that the abuser cannot use or have a firearm or ammunition. The order can also require that the abuser surrender to law enforcement any firearms or ammunition that s/he has while the order is in effect.1
Usually your order for protection will only be valid for two years, unless ordered otherwise by the court.2 You should be aware of the order’s expiration date so that you can extend the order before it ends if you need to. See How do I change or extend an order for protection? for more information. Usually you will need to show evidence that you still need the order for protection.
Federal laws, which apply to all states, restrict an abuser’s right to have a gun if you have a final protection 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.
1 IC § 34-26-5-9(d)(4)
2 IC § 34-26-5-9(f)
