If the abuser's gun is taken away, what will happen to it?
Under Puerto Rico law, when a protection order is issued, the abuser’s license to carry a firearm is suspended and any guns the abuser has must be turned over to the police. This suspension will last at least until the order of protection expires. If there is a conviction based on a violation of the order of protection, the abuser’s gun license will be permanently revoked and all firearms will be taken away.1
As long as the firearms haven’t been used in a crime, the gun owner can sell, donate, or hand over the gun(s) to someone with a valid gun license or to a gunsmith instead of turning them over to the police.2
Additionally, a police officer may temporarily take (seize) a gun, gun license, and ammunition if:
1. the officer believes that the person with the gun:
- has or will use the gun to illegally harm another person;
- has threatened to commit a crime;
- has said that s/he wants to commit suicide;
- has shown that s/he is repeatedly careless in handling the gun;
- has a mental condition; or
- is an alcoholic or a drug addict; or
2. there is an emergency situation of serious risk or danger that requires that a gun be taken away.3
Guns and ammunition that have been taken (seized) by the police or voluntarily given to the police will be stored in the police arms and ammunition depot. Guns that are not returned to their owners after at least three years in police custody may be destroyed, sold, exchanged, donated, or assigned.4
1 8 L.P.R.A. § 621
2 25 L.P.R.A. § 462h
3 25 L.P.R.A. § 462l
4 25 L.P.R.A. § 467h