I have a temporary order of protection against the abuser. Can his/her guns be taken away?
With a temporary order of protection, the judge should take away the abuser’s guns and suspend his/her gun license if any of the following exist:
- the judge finds that there is a “substantial risk” that the abuser may use or threaten to use a gun against you or anyone else on your order of protection (such as your children);
- the abuser has a prior conviction of a violent felony offense;
- the abuser has been convicted in the past of stalking; or
- a judge found that the abuser “willfully” (purposefully) violated an order of protection in the past and, in committing such violation, the abuser caused you serious physical injury; or used or threatened to use a deadly weapon or dangerous instrument; or his/her behavior qualified as a violent felony offense.1
1 NY Family Court Act § 842-a(1)(a), (1)(b)