In these gun laws pages, we refer to both “federal gun laws” and “Puerto Rico’s gun laws.” The major difference between the two has to do with who makes the law, who prosecutes someone who violates the law, and what the penalty is for breaking the law.

One reason why it is important for you to know that there are these two sets of gun laws is so that you can understand all of the possible ways that the abuser might be breaking the law, and you can better protect yourself. Throughout this section, we will be referring mostly to Puerto Rico’s laws. Be sure to also read our Federal Gun Laws pages to see if any federal laws apply to your situation as well. You will need to read both Puerto Rico’s law and federal laws to see which ones, if any, the abuser might be violating.

If you are calling the police because you believe the abuser has violated a gun law, you do not necessarily need to be able to tell the police which law was violated (Puerto Rico’s versus federal) but local police cannot arrest someone for violating federal law, only for violating local laws. Only federal law enforcement, the Bureau of Alcohol, Tobacco and Firearms (“ATF”), can arrest someone for violating federal laws. If the local police believe that Puerto Rico’s laws are being violated, they could arrest the abuser and hand the case over to the local prosecutor. If the local police believe a federal law is being violated, hopefully, the police department will notify the ATF or perhaps the U.S. Attorney’s office in your territory (which is the federal prosecutor). For information on how you can contact ATF directly to report the violation of federal gun laws, go to Who do I notify if I think the abuser should not have a gun? If the abuser is breaking both Puerto Rico’s and federal laws, s/he might be prosecuted in both local and federal court.

Under Puerto Rico law, a person cannot have or buy a gun unless s/he has a weapons license. A person cannot get a license, and therefore, cannot have or buy a gun, if s/he:

• has been convicted of or has charges pending for:
  • a felony or attempted felony;
  • a violent misdemeanor;
  • a domestic violence-related offense;
  • stalking;
  • abusing a minor; or
  • violating gun laws;
• has a mental illness that would disqualify him/her from owning a gun;¹
• is under 21 years of age;
• is habitually intoxicated;
• is addicted to drugs;
• has been declared mentally incompetent by a court;
• has been dishonorably discharged from the military or a law enforcement agency of Puerto Rico;
• has belonged to a violent group or a group that wants to overthrow the government;
• is currently the subject of, or in the last 12 months has been the subject of, a protection order that says s/he cannot harass, stalk, threaten, or be near an intimate partner, a partner’s family member, or any other person;
• is not a United States citizen or legal permanent resident of ; or
• is banned by the Federal Gun Control Act of 1968 from receiving, transporting, or sending firearms or ammunition.²

Also, federal laws, which apply to all states and territories, may restrict an abuser’s right to have a gun. Go to Federal Gun Laws to get more information.

¹ 25 L.P.R.A. § 462h
² 25 L.P.R.A. § 462a

In Puerto Rico, if a temporary protection order says that the abuser cannot harass you, spy on you, threaten you, or be near you, your children, or any other person, then it’s possible that the abuser would not qualify for a weapons license and cannot have or buy a gun.

¹ 25 L.P.R.A. § 462a(7)

Depending on the judge in your case, there may be some things you can do to increase the chances that the judge will require that an abuser’s guns are taken away. Keep in mind these tips may or may not result in the outcome that you are hoping for. Every judge is different. However, here are a few suggestions that may help:

• If the abuser has a gun, tell the judge how many guns s/he has, and if s/he has ever shown you the guns or displayed them as a way to intimidate you and maintain control over you.
• Ask the judge to specifically write in your protective order that the abuser cannot own, buy or have a gun while the order is in effect. The form that you will have to fill out to petition for a protective order will have a place where you can request additional protections. You can ask that the abuser’s gun(s) be taken away in that section.
• It also may be helpful if the judge explains what will happen to the abuser’s guns, who will take them, and where they will be held once you leave the courthouse. If the judge agrees to add language that the abuser cannot keep his/her guns while the protection order is in effect, you may also want to ask that the judge:
  
  • require the abuser to give his/her guns to the police, or require the police to go to the abuser’s house and get them;
  • make it clear to both you and the abuser how long the guns will be kept away from the abuser; and
  • order that the police notify you when the guns are returned to the abuser.
• If the gun restriction is granted, check to make sure that it is written on your order before leaving the courthouse.

In Puerto Rico, anyone who wants to have or buy a gun must have a weapons license. An abuser cannot get a weapons license, or an existing one can be revoked, if s/he has been convicted of, or has charges pending, for:

• a felony or attempted felony;
• a violent misdemeanor;
• a domestic violence-related offense;
• stalking;
• abusing a minor; or
• violating gun laws.¹

Also, federal laws, which apply to Puerto Rico, may restrict an abuser’s right to have a gun. Go to Federal Gun Laws to get more information.

¹ 25 L.P.R.A. §§ 462h

If you think the abuser is violating Puerto Rico’s firearm laws, you can call your local police If you think the abuser is violating federal firearm laws, you can call the Bureau of Alcohol, Tobacco and Firearms (ATF).

You can find the contact information for the Miami ATF field office (which covers Puerto Rico) on the ATF website. For reporting illegal firearm activity, a person can also call 1-800-ATF-GUNS (1-800-283-4867). Many ATF offices have victim advocates on staff (called “victim/witness coordinators”) and so perhaps you may ask to speak one of these advocates if you are having a hard time connecting with (or receiving a call back from) an ATF officer.

A local domestic violence organization in your area may also be able to answer your questions and assist you in talking to the necessary law enforcement officials. You will find contact information for organizations in your area on our PR Advocates and Shelters page.

Note: Generally, the abuser does not have to have knowledge of the law in order to be arrested for breaking the law. If the abuser has or buys a gun in violation of the law, the abuser can be arrested, whether or not s/he knows that s/he was in violation of 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)

Before purchasing a gun from a licensed firearm dealer, all buyers must undergo a criminal background check that is processed through the National Instant Criminal Background Check System (NICS). The National Instant Criminal Background Check System is used by federal firearms licensees (FFLs), such as firearms dealers or pawnbrokers, to instantly determine whether someone is eligible to receive (own, possess, transport) firearms or explosives.¹ If the abuser has a qualifying protection order against him/her, or has been convicted of a felony or domestic violence misdemeanor in any state, those records should be in the NICS, which should prevent the abuser from legally buying a gun. Not all states and territories have automated record keeping systems, making it more difficult to process the criminal background check, and some criminals and abusers do slip through the system. Also, it is important to know that background checks are not required for private and online gun sales and so in those situations, the seller is not looking in the NICS.

If the abuser is able to purchase a gun and you believe that s/he should not be able to have one under the law, you can alert the police, and ask that his/her gun be taken away and perhaps the police will investigate. Generally, it is not a good idea to assume that because the abuser was able to buy a gun, it is legal for him/her to have one.

¹ National Criminal Justice Reference Service website

Even if you do not have a protective order against the abuser and s/he has not been convicted of any crime, Puerto Rico law makes it illegal to buy or have a firearm if a person does not have a weapons license. A person cannot get a weapons license if s/he:

• has charges pending for:
  • a felony or attempted felony;
  • a violent misdemeanor;
  • a domestic violence-related offense;
  • stalking;
  • abusing a minor; or
  • violating gun laws;
• has a mental illness that would disqualify him/her from owning a gun;¹
• is under 21 years of age;
• is habitually intoxicated;
• is addicted to drugs;
• has been declared mentally incompetent by a court;
• has been dishonorably discharged from the military or a law enforcement agency of Puerto Rico;
• has belonged to a violent group or a group that wants to overthrow the government;
• in the last 12 months has been the subject of, a protection order that says s/he cannot harass, stalk, threaten, or be near an intimate partner, a partner’s family member, or any person even if that protection order is not currently valid;
• is not a United States citizen or a legal permanent resident; or
• is banned by the Federal Gun Control Act of 1968 from receiving, transporting, or sending firearms or ammunition.²

If none of these situations apply, you can still make a plan for your safety. See our Safety Planning page for more information. You can also contact your local domestic violence organization for additional help. You may want to talk to them about whether leaving the area - either long term or for a little while - might help improve your safety. See our PR Advocates and Shelters page to find a local domestic violence organization near you.

Also, federal laws, which apply to all states, restrict an abuser’s right to have a gun under other circumstances. Go to Federal Gun Laws to get more information.

¹ 25 L.P.R.A. § 462h
² 25 L.P.R.A. § 462a