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EspañolI have a temporary protection order against the abuser. Do I have to wait until I receive a full protection order before the abuser's guns are taken away?
Washington state law does allow a judge to order that an abuser’s guns be removed by an ex parte temporary protection order, but the judge must find that permanent (irreparable) injury could happen if the abuser’s guns are not removed before the hearing for the full protection order.1 The judge also has the option to order that the abuser’s guns be surrendered if the judge believes that the possession of a firearm or other dangerous weapon is a serious and immediate (imminent) threat to the health or safety of the public or any individual.2
However, if there is no specific mention of a firearm restriction in the temporary protection order, then you may have to wait until you are given a full order.
1 R.C.W. § 9.41.800(3)
2 R.C.W. § 9.41.800(4)
I have a protection order against the abuser. Can s/he keep a gun or buy a new gun?
Washington law says that if an abuser has a protection order against him/her, s/he cannot have a firearm if the following conditions are met:
- the protection order was issued after a hearing where the abuser had a chance to appear and participate;
- the order prohibits:
- the abuser from harassing, stalking, threatening an intimate partner or the intimate partner’s child or doing anything that would place an intimate partner in reasonable fear of bodily injury; and
- the use, attempted use, or threatened use of physical force against the intimate partner or child that would reasonably be expected to cause bodily injury; and
- the order includes a determination by the judge (“finding”) that the abuser presents a credible threat to the safety of his/her intimate partner or child.1
Federal laws, which apply to all states, also restrict an abuser’s right to have a gun if you have an order for protection 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.
If you are afraid for your safety, talk to your local domestic violence program about your options. Go to the WA Advocates and Shelters to find a program in your area.
1 R.C.W. § 9.41.040(2)(a)(ii)
Is there anything I can do to make it more likely that the abuser's gun is taken away when I get a protection order?
If you receive a protection order that meets the standards explained in I have a protection order against the abuser. Can s/he keep a gun or buy a new gun?, it should be clear to the abuser and law enforcement that it is illegal for the abuser to have a gun in his/her possession under Washington state law1 and under federal law.
However, even if the order does not meet the all of those requirements, the judge must prohibit the abuser from buying or possessing a gun if the judge believes that the abuser:
- used, displayed, or threatened to use a gun or dangerous weapon while committing a felony; or
- previously committed a felony that would make him/her ineligible to buy or own a gun.2
1 R.C.W. § 9.41.040(2)(a)(ii)
2 R.C.W. § 9.41.800(1)
What is the penalty if the abuser has a gun in violation of my protection order?
If the abuser is prohibited from possessing a gun as part of your protection order and violates that provision, it could be a gross misdemeanor, punishable by up to 364 days in jail, a fine of up to $5,000, or both.1
It can also violate federal law for someone to have a gun when there is a protection order against him/her. For more information, see our Federal Gun Laws page.
1 R.C.W. §§ 7.105.450; 7.105.455; 7.105.460; 9.92.020
