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EspañolI have a temporary order against the abuser. Can his/her gun be taken away?
Missouri law tells a judge what protections s/he is allowed to grant someone in a temporary order of protection. Restricting an abuser’s access to have or buy a gun is not included in the list of protections that can be granted in a temporary order.1
1 Mo. Rev. Stat. § 455.045
I have an order of protection against the abuser. Can s/he keep a gun or buy a new gun?
Missouri law does not specifically give judges the ability to order that an abuser is not allowed to have or buy a gun in a final order of protection. However, the law does say that a final order can include things that a judge thinks are needed to keep a victim safe.1 Therefore, if you are asking for an order of protection, you may want to be sure to specifically ask the judge to write in the order that the abuser cannot have or buy firearms in order to keep you safe. It will be up to the judge whether or not to include this in your order.
In addition, federal laws, which apply to all states, restrict a person’s right to have a gun under certain circumstances, including when there is an order of protection that was issued after notice to the abuser and a hearing. Go to Federal Gun Laws to get more information.
1 Mo. Rev. Stat. § 455.050.1
