State Domestic Violence and Guns

(This section was last updated June 26, 2012.)

Alabama law does not:

• Prohibit individuals convicted of domestic violence misdemeanors from purchasing or possessing firearms or ammunition, unlike federal law;

• Prohibit individuals subject to domestic violence protective orders from possessing firearms or ammunition, unlike federal law;

• Require courts to notify domestic abusers when they become prohibited from possessing firearms or ammunition under federal law;

• Require the surrender of firearms or ammunition by domestic abusers who have become prohibited from possessing firearms or ammunition under federal law; or

• Explicitly authorize or require the removal of firearms or ammunition at the scene of a domestic violence incident, although Alabama authorizes a law enforcement officer to disarm an individual if the officer reasonably believes that it is immediately necessary for the protection of the officer or another individual. The officer must return the firearm to the individual before discharging that individual unless the officer arrests that individual for engaging in criminal activity or seizes the firearm as evidence pursuant to an investigation for the commission of a crime or, at the discretion of the officer, the individual poses a threat to himself or herself or to others.¹

The only provision of Alabama law addressing firearms in domestic violence situations authorizes a judge or magistrate, who is releasing a person who has been charged with domestic violence or violation of a protection order on bail, to prohibit the person from possessing a firearm, as a condition of bail, except when such weapon is necessary for the person’s employment as a peace officer or military personnel.²

See our Domestic Violence and Firearms policy summary for a comprehensive discussion of this issue.

1. Ala. Code §§ 31-9-8(d), 31-9-10(d). [↩]
2. Ala. Code § 15-13-190. [↩]

Alaska has no law prohibiting individuals convicted of domestic violence misdemeanors from purchasing or possessing firearms or ammunition. Federal law, however, prohibits the purchase and possession of firearms and ammunition by certain domestic abusers.

Alaska law provides that protective orders issued after notice and a hearing against a “household member” for victims of domestic violence may prohibit the respondent from using or possessing a deadly weapon if the court finds the respondent was in the actual possession of or used a weapon during the commission of domestic violence.¹ “Household member” is defined broadly to include former and current dating partners, co-habitants, and family members.² Federal law also prohibits firearm purchase and possession by certain abusers subject to domestic violence protective orders.

Alaska law provides that protective orders issued after notice and a hearing against a household member for victims of domestic violence may direct the abuser to surrender any firearm owned or possessed if the respondent was in actual possession of or used a firearm during a domestic violence incident.³

In Alaska, a peace officer investigating a domestic violence incident may, if he or she deems it necessary to protect the victim, the victim’s family, the officer or the public during the investigation, seize a deadly weapon in plain view of the officer.⁴ If a deadly weapon was actually possessed during or used in the domestic violence, the officer may seize all deadly weapons owned, used, possessed, or within the control of the alleged perpetrator.⁵ Firearms may be held as long as they are needed for evidence or until proceedings against the abuser have concluded. The firearm must be returned to the owner if it is no longer needed as evidence.⁶

See our Domestic Violence and Firearms policy summary for a comprehensive discussion of this issue.

1. Alaska Stat. § 18.66.100(c)(6). [↩]
2. Alaska Stat. § 18.66.990(5). [↩]
3. Alaska Stat. § 18.66.100(c)(7). [↩]
4. Alaska Stat. § 18.65.515(b). [↩]
5. Id. [↩]
6. Id. [↩]

(This section was last updated June 26, 2012.)

Firearm Prohibitions and Notification for Domestic Violence Misdemeanants

Arizona only prohibits possession of a firearm by a person convicted of a domestic violence offense while the person is serving a term of probation for that conviction.¹ A “domestic violence offense” is defined to include certain violent crimes against many current and former household and family members.  In 2009, Alaska adopted ”Kaity’s Law,”  which extended this definition to include situations where the victim and the defendant are, or were previously, in a significant romantic or sexual relationship, as determined by a set of factors.²

Federal law also prohibits the purchase and possession of firearms and ammunition by certain domestic misdemeanants.

Firearm Prohibitions and Notification for Persons Subject to Domestic Violence Protective Orders

Arizona law authorizes a court that is issuing a protective order against domestic violence (as defined above) to prohibit the defendant from possessing or purchasing a firearm for the duration of the order if the court finds that the defendant is a credible threat to the physical safety of the plaintiff or other specifically designated persons.³

A court may issue an ex parte emergency order of protection against domestic violence if a peace officer states that the officer has reasonable grounds to believe that a person is in immediate and present danger of domestic violence based on an allegation of a recent incident of actual domestic violence. If the court finds that the defendant may inflict bodily injury or death on the plaintiff, the defendant may be prohibited from possessing or purchasing a firearm for the duration of the emergency order.⁴

Federal law also prohibits the purchase and possession of firearms and ammunition by persons subject to certain domestic violence protection orders, although the federal law does not extend to ex parte orders.

Surrender of Firearms When a Protective Order Is Issued

In Arizona, if a court that is issuing a final domestic violence protective order (not an emergency order) prohibits the defendant from possessing a firearm, the court must also order the defendant to transfer any firearm owned or possessed by the defendant immediately after service of the order to the appropriate law enforcement agency for the duration of the order. If the defendant does not immediately transfer the firearm, the defendant shall transfer the firearm within 24 hours after service of the order.⁵

Removal of Firearms at the Scene of a Domestic Violence Incident

In Arizona, a peace officer arresting someone at the scene of a domestic violence incident may question the persons who are present to determine if a firearm is present.⁶ On learning or observing that a firearm is present, the peace officer may temporarily seize the firearm if it is in plain view or was found pursuant to a consensual search and if the officer reasonably believes that the firearm would expose the victim or another person in the household to a risk of serious bodily injury or death. The peace officer must give the owner a receipt indicating the firearm’s serial number or other identifying characteristic. The firearm must be held for at least 72 hours by the law enforcement agency that seized it.⁷

See our Domestic Violence & Firearms Policy Summary for a comprehensive discussion of this issue.

1. Ariz. Rev. Stat. §§ 13-3101(A)(7)(d), 13-3102(A)(4). [↩]
2. Ariz. Rev. Stat. § 13-3601. [↩]
3. Ariz. Rev. Stat. § 13-3602(G)(4). [↩]
4. Ariz. Rev. Stat. § 13-3624. [↩]
5. Ariz. Rev. Stat. § 13-3602(G)(4). [↩]
6. Ariz. Rev. Stat. § 13-3601(C)-(F). [↩]
7. Id. A peace officer must then notify the victim before the firearm is released from custody. If there is reasonable cause to believe that returning a firearm may endanger the victim, the person who reported the assault or threat or another person in the household, the prosecutor must file in a court a notice of intent to retain the firearm. The notice must state that the firearm will be retained for no more than six months following the seizure. The owner may request a hearing for the return of the firearm, to dispute the grounds for seizure or to request an earlier return date. The court must hold the hearing within ten days after the request. At the hearing, unless the court determines that the return of the firearm may endanger the victim, the person who reported the assault or threat or another person in the household, the court must order the return of the firearm. Id. [↩]

Arkansas law does not:

• Prohibit individuals convicted of domestic violence misdemeanors from possessing firearms or ammunition (unlike federal law);
• Prohibit individuals subject to domestic violence protective orders from possessing firearms or ammunition (unlike federal law);
• Require the surrender of firearms or ammunition by domestic abusers who have become prohibited from possessing firearms or ammunition under federal law; or
• Explicitly authorize or require the removal of firearms or ammunition at the scene of a domestic violence incident.

Arkansas does require courts to notify a person who has been convicted of a domestic violence misdemeanor that it is unlawful for the person to possess firearms or ammunition pursuant to federal law.¹ Orders of protection must contain notification that federal law prohibits anyone subject to an order of protection or convicted of a misdemeanor of domestic violence to possess firearms or ammunition.²

For laws governing the procedure for surrender of firearms by a person subject to a protective order, see the section entitled Disarming Prohibited Persons.

See our Domestic Violence & Firearms policy summary for a comprehensive discussion of this issue.

1. Ark. Code Ann. § 5-26-313. [↩]
2. Ark. Code Ann. § 9-15-207(b)(3). [↩]

See our Domestic Violence and Firearms policy summary for a comprehensive discussion of this issue.

Firearm Prohibitions for Misdemeanants

California prohibits the purchase and possession of firearms by certain violent misdemeanants, such as those convicted of assault, battery, or stalking, without regard to the victim’s relationship to the offender.¹

In addition, California authorizes courts to prohibit defendants from purchasing or possessing firearms in cases where the defendant is charged with, but not yet convicted of, a domestic violence misdemeanor.²

Firearm Prohibitions for Persons Subject to Domestic Violence Restraining and Protective Orders

A person subject to any one of the following types of court orders is prohibited from owning, possessing, purchasing, receiving, or attempting to purchase or receive a firearm or ammunition while the order is in effect:³

• A temporary restraining order or injunction issued to a victim of harassment;⁴
• A temporary restraining order or injunction issued to an employer on behalf of an employee;⁵
• A temporary restraining order or injunction issued to a postsecondary educational institution on behalf of a student;⁶
• A domestic violence protective order whether issued ex parte, after notice and hearing, or in a judgment;⁷
• A protective order for an elderly or dependent adult who has suffered abuse, whether the order was issued ex parte, after notice and hearing, or in a judgment, provided that the case does not involve solely financial abuse;⁸
• An emergency protective order related to stalking;⁹ or
• A protective order relating to a crime of domestic violence or the intimidation or dissuasion of victim or witness.¹⁰

Under California law, individuals may seek a domestic violence protective order, prohibiting the purchase or possession of firearms, against:

• A former or current dating partner or any person with whom the individual has had a romantic relationship;
• Any person who is presently or has in the past resided with the individual; or
• Any family member, even if the abuser has never resided with the individual.¹¹

Each protective order must state that the person is prohibited from owning, possessing, purchasing, receiving, or attempting to purchase or receive, a firearm while the protective order is in effect.¹²

California also prohibits subjects of domestic violence protective orders from owning or possessing ammunition.¹³

Surrender of Firearms by Persons Subject to Protective Order

Upon being served with a domestic violence protective order in California, the respondent must relinquish his or her firearm by surrendering it immediately upon request of any law enforcement officer, or within 24 hours if no request is made.¹⁴ This same 24-hour rule and procedure also applies for all other protective orders listed above except those related to stalking. The law enforcement officer or gun dealer must issue a receipt, which the person must file with the court within 48 hours of being served with the order.¹⁵ During the period of the relinquishment order, a respondent is entitled to make one sale of all firearms that have been surrendered to a law enforcement agency.¹⁶ The application forms for domestic violence protective orders adopted by the Judicial Council and approved by the California Department of Justice must require the petitioner to describe the number, types, and locations of any firearms presently known by the petitioner to be possessed or controlled by the respondent.¹⁷

A law enacted by California in 2009 authorizes the issuance of a search warrant when the property to be seized is a firearm that a protective order defendant has failed to relinquish as required by these provisions.¹⁸

A person subject to a protective order related to stalking must relinquish his or her firearms to the local law enforcement agency for that jurisdiction, or sell those firearms to a licensed gun dealer within a time period specified in the order.¹⁹. The protective order must include a description of this requirement including the expiration date for relinquishment. Proof of surrender or sale of a firearm must be filed with the court within the specified time.²⁰

Removal of Firearms and Incident Reporting by Law Enforcement

Every California law enforcement agency must establish a system for recording all domestic violence-related calls, and must include a written incident report for each call noting, among other things, whether a weapon was involved.²¹ Any deadly weapon discovered by an officer at the scene of a domestic violence incident is subject to confiscation.²² Law enforcement officers of any state or local agency who are at the scene of a domestic violence incident involving a threat to human life or a physical assault must take temporary custody of any firearm in plain sight or discovered pursuant to a consensual or other lawful search for the protection of the officers or other persons present.²³

Confiscated firearms must be held for at least 48 hours.²⁴ With limited exceptions, if a firearm is not retained for use as evidence related to criminal charges stemming from the domestic violence incident or is not retained because it was illegally possessed, it must be made available to its owner or lawful possessor 48 hours after the seizure or as soon thereafter as possible, but no later than five business days after the owner or person in lawful possession of the firearm demonstrates that he or she has undergone the proper background check.²⁵

1. Cal. Penal Code § 29805. [↩]
2. Cal. Penal Code § 136.2(a)(7)(B), (d), (e). [↩]
3. See Cal. Penal Code § 29825(a). [↩]
4. Cal. Civ. Proc. Code § 527.6. Harassment is defined as unlawful violence, a credible threat of violence, or a knowing and willful course of conduct directed at a specific person that seriously alarms, annoys, or harasses the person, and that serves no legitimate purpose. The course of conduct must be such as would cause a reasonable person to suffer substantial emotional distress, and must actually cause substantial emotional distress to the person. Id. [↩]
5. Cal. Civ. Proc. Code § 527.8. An employer may seek a restraining order on behalf of employees where an employee has suffered violence or a threat that can reasonably be construed to be carried out or to have been carried out at the workplace. Id. [↩]
6. Cal. Civ. Proc. Code § 527.85. A postsecondary educational institution may seek a restraining order on behalf of a student where a student has suffered a credible threat of violence made off the school campus or facility from any individual, which can reasonably be construed to be carried out or to have been carried out at the school campus or facility, if the student consents. Id. [↩]
7. Cal. Fam. Code §§ 6218, 6389. See also § 6304 (requiring notice of the firearm prohibition if both parties are in court). [↩]
8. Cal. Welf. & Inst. Code § 15657.03. [↩]
9. Cal. Penal Code § 646.91. [↩]
10. Cal. Penal Code § 136.2. Although Cal. Penal Code §§ 136.2 and 646.91 do not mention ammunition, a separate provision of California law prohibits any person from possessing ammunition if the person is ineligible to purchase or possess firearms under state law. Cal. Penal Code §§ 29825, 30305. [↩]
11. Cal. Family Code §§ 6211, 6218, 6389. [↩]
12. Cal. Penal Code § 29825(d); Cal. Civ. Proc. Code § 527.9(d). [↩]
13. Cal. Penal Code § 30305. [↩]
14. Cal. Fam. Code § 6389. If no request is made by a law enforcement officer, the relinquishment must occur within 24 hours of being served the order, either by surrender to a law enforcement officer or sale to a licensed gun dealer. The court may grant an exemption from the relinquishment requirements for a particular firearm if the respondent can show that it is necessary as a condition of continued employment and that the current employer is unable to reassign the respondent to another position where a firearm is unnecessary. Cal. Fam. Code § 6389(h). If the respondent declines to relinquish possession of any firearm based on the assertion of the right against self-incrimination, as provided by the Fifth Amendment to the United States Constitution, the court may grant use immunity for the act of relinquishing the firearm as required. Cal. Fam. Code § 6389(d). [↩]
15. Cal. Fam. Code § 6389(c)(2); Cal. Civ. Proc. Code § 527.9(a),(b), (d); see also Cal. Penal Code §§ 136.2(d), 29825(d); Cal. Civ. Proc. Code §§ 527.6(t)(2), 527.8(r)(2); 527.85(r)(2); Cal. Welf. & Inst. Code § 15657.03(t). [↩]
16. The agency must give possession of the firearms to the dealer who presents a bill of sale. Cal. Fam. Code § 6389(i); Cal. Civ. Proc. Code § 527.9(g). If the firearm remains in the possession of law enforcement, the law enforcement agency must return possession of any surrendered firearm to the respondent within five days after the expiration of the relinquishment order. Cal. Fam. Code § 6389(g); Cal. Civ. Proc. Code § 527.9(e). [↩]
17. Cal. Fam. Code § 6389(c)(3). [↩]
18. Cal. Penal Code § 1524(a)(11). [↩]
19. Cal. Penal Code § 29825(d) (referencing Cal. Penal Code § 646.91(n [↩]
20. Id. [↩]
21. Cal. Penal Code § 13730(a). Law enforcement officers responding to incidents of domestic violence must write a report about each incident on an agency-created domestic violence report form, and must include notations of whether the officer or officers responding to the domestic violence call found it necessary, for the protection of the peace officer or other persons present, to inquire whether a firearm or other deadly weapon was present, and whether that inquiry disclosed the presence of a deadly weapon. Cal. Penal Code § 13730(c). [↩]
22. Cal. Penal Code § 13730(c)(3) (referencing § 12028.5). [↩]
23. Cal. Penal Code § 18250. If any school or university peace officers initially take custody of a firearm, they are required to deliver the firearm within 24 hours to the city police department or county sheriff’s office in the jurisdiction where the university or school is located. Cal. Penal Code § 18260. [↩]
24. Cal. Penal Code § 18265(a). The confiscating officer must give the owner or person who possessed the firearm a receipt describing the firearm. Cal. Penal Code §§ 18255, 33800. [↩]
25. Cal. Penal Code § 18265(b) (referencing § 33850 et seq., which requires that the person claiming ownership or possession of a firearm in the custody of a court or law enforcement agency submit to a background check to determine whether he or she is eligible to possess a firearm). This five-day deadline may be extended if a law enforcement agency has reasonable cause to believe that the return of a firearm would endanger the victim or the person reporting the assault or threat. Cal. Penal Code § 18400. In such situations, the agency must advise the owner of the weapon, and within 60 days of the date of seizure, initiate a petition in superior court to determine if the weapon should be returned. Cal. Penal Code § 18400. For details concerning the hearing process to determine if a firearm should be returned following a domestic violence incident, see §§ 18400-18420. [↩]

(This section was last updated June 26, 2012.)

Colorado does not:

• Prohibit persons convicted of domestic violence misdemeanors from purchasing or possessing firearms or ammunition, although federal law applies;
• Prohibit abusers who are subject to domestic violence protective orders from purchasing or possessing firearms or ammunition, although federal law applies;
• Explicitly authorize or require the surrender of firearms when a domestic violence protective order is issued; or
• Explicitly authorize or require the removal of firearms or ammunition at the scene of a domestic violence incident.

However, when an inmate is released from prison or other custody of the Colorado Department of Corrections following a conviction for a misdemeanor crime of domestic violence, the Department is required to submit a written statement to the inmate notifying him or her that it is a crime if he or she possesses or uses a firearm.¹

Colorado also authorizes (but does not require) courts to issue orders prohibiting defendants from possessing firearms in cases where the defendant is charged with (but not yet convicted of) a domestic violence misdemeanor.²

See our Domestic Violence & Firearms policy summary for a comprehensive discussion of this issue.

1. Colo. Rev. Stat. § 18-12-108(6)(c)(I). [↩]
2. Colo. Rev. Stat. § 18-1-1001(3)(c). [↩]

Connecticut does not prohibit individuals convicted of domestic violence misdemeanors from purchasing or possessing firearms or ammunition, unlike federal law.

Firearm Prohibitions for Persons Subject to Domestic Violence Restraining/Protective Orders

Connecticut prohibits the possession of a firearm by a person who knows that he or she is subject to a restraining or protective order that was issued after notice and an opportunity to be heard in a case involving the use, attempted use, or threatened use of physical force against another person.¹

Connecticut makes a person ineligible for a certificate for a pistol or revolver if that person is subject to a domestic violence restraining or protective order (including an order issued without notice and a hearing) in a case involving the use, attempted use, or threatened use of physical force against such person.² Domestic violence is defined broadly.³

The restraining or protective order application form must allow the applicant, at the applicant’s option, to indicate whether the respondent holds a permit to carry a pistol or revolver or possesses one or more firearms.⁴

Removal or Surrender of Firearms When Domestic Violence Restraining/Protective Orders Are Issued

See the section entitled Disarming Prohibited Persons in Connecticut regarding the firearm surrender requirements when a protective order is issued.

Removal or Surrender of Firearms at the Scene of a Domestic Violence Incident

Whenever a peace officer determines that a “family violence crime” has been committed, such officer may seize any firearm at the location where the crime is alleged to have been committed that is in the possession of any person arrested for the commission of the crime or suspected of its commission or that is in plain view.⁵ The law enforcement agency must return the firearm to the rightful owner not later than seven days after the seizure, unless the person is ineligible to possess the firearm or otherwise ordered by the court.⁶

See our Domestic Violence & Firearms policy summary for a comprehensive discussion of this issue.

1. Conn. Gen. Stat. § 53a-217(a)(4). See also Conn. Gen. Stat. § 53a-217c(a)(5) for a similar prohibition for “criminal possession of a pistol or revolver.” [↩]
2. Conn. Gen. Stat. § 29-36f(b)(6). [↩]
3. Any family or household member who has been subjected to a continuous threat of present physical pain or physical injury, stalking or a pattern of threatening, by another family or household member may apply for a restraining or protective order. Conn. Gen. Stat. § 46b-15(a). “Family or household member” means:

   • Spouses and former spouses;
   • Parents and their children;
   • Persons related by blood or marriage;
   • Persons presently residing together or who have resided together;
   • Persons who have a child in common regardless of whether they are or have been married or have lived together at any time; and
   • Persons who are in or have recently been in a dating relationship. Conn. Gen. Stat. § 46b-38a(2). [↩]

4. Conn. Gen. Stat. § 46b-15(b). [↩]
5. Conn. Gen. Stat. § 46b-38b(a). [↩]
6. Id. [↩]

(This section was last updated June 26, 2012.)

Delaware has no law regarding the removal or surrender of firearms at the scene of a domestic violence incident.

Firearm Prohibitions for Domestic Violence Misdemeanants

Delaware prohibits the purchase, ownership, possession or control of any firearm or ammunition by any person who has been convicted in any court of any misdemeanor crime of domestic violence.¹ “Misdemeanor crime of domestic violence” means any misdemeanor offense that:

• Was committed by a:
  • Member of the victim’s family² (regardless, however, of the state of residence of the parties);
  • Former spouse of the victim;
  • Person who co-habited with the victim at the time of the offense; or
  • Person with a child in common with the victim; and
• Is an offense specifically defined under the Delaware Code.³

Unlike federal law, Delaware only prohibits firearm purchase or possession by domestic violence misdemeanants for five years following conviction.⁴

Firearm Prohibitions for Persons Subject to Domestic Violence Protective Orders

Delaware prohibits the purchase, ownership, possession or control of any firearm or ammunition by any person subject to a Family Court protection from abuse order (other than an ex parte order), but only for so long as that order remains in effect or is not vacated or otherwise terminated.⁵

Removal or Surrender of Firearms When Domestic Violence Protective Orders Are Issued

Delaware authorizes, but does not require, courts to issue protective orders that direct the abuser to surrender all firearms in his or her possession. As part of a protective order, the court may order that the respondent temporarily relinquish all the firearms he or she owns to the sheriff, constable or a police officer, and may order that the respondent refrain from purchasing or receiving additional guns for the duration of the order.⁶

Delaware courts issuing protective orders also may direct law enforcement to, forthwith, search for and seize a respondent’s firearms upon a showing by the petitioner of the order that respondent has firearms in his or her possession, and:

• The petitioner can describe, with sufficient particularity, the type and location of the firearm or firearms; and
• Respondent has used or threatened to use a firearm against the petitioner, or the petitioner expresses a fear that the respondent may us a firearm against the petitioner.⁷

See our Domestic Violence and Firearms policy summary for a comprehensive discussion of this issue.

1. Del. Code Ann. tit. 11, § 1448(a)(7). [↩]
2. The term “family” is defined Del. Code Ann. tit. 10, § 901(12). [↩]
3. These prohibited offenses are listed under Delaware Code Ann. Title 11 §§ 601, 602, 603, 611, 614, 621, 625, 628, 763, 765, 766, 767, 781, 785 or 791, or any similar offense when committed or prosecuted in another jurisdiction. [↩]
4. Del. Code Ann. tit. 11, § 1448(d). [↩]
5. Del. Code Ann. tit. 11, § 1448(a)(6). This provision does not apply to a contested order issued solely upon Del. Code Ann. tit. 10, § 1041(1)(d), (e), or (h), or any combination thereof. [↩]
6. Del. Code Ann. tit. 10, § 1045(a)(8). [↩]
7. Del. Code Ann. tit. 10, § 1045(a)(11). [↩]

(This section was last updated July 3, 2012.)

See our Domestic Violence & Firearms policy summary for a comprehensive discussion of this issue.

Federal law prohibits the purchase and possession of firearms and ammunition by certain domestic abusers. Similarly, District law also prohibits the purchase and possession of guns by persons convicted of domestic violence offenses and by those persons subject to civil protection orders.

District law does not: 1) require courts to notify domestic abusers when they become prohibited from possessing firearms or ammunition under federal law; or 2) explicitly authorize or require the removal of firearms or ammunition: a) at the scene of a domestic violence incident; or b) from the subject of a civil protection order.

Firearm Prohibitions for Domestic Violence Misdemeanants

To obtain a registration certificate, which is required to purchase or possess a firearm or ammunition in the District, an applicant must pass a background check. The applicant will not pass the background check if he or she:

• Has been convicted within the previous five years of any intrafamily offense punishable as a misdemeanor, including any similar offense in another jurisdiction;¹ or
• Is otherwise ineligible to possess a firearm under D.C. Code Ann. § 22-4503 (including convictions within the previous five years for an intrafamily offense in the District, punishable as a misdemeanor, or any similar offense in another jurisdiction).²

Firearm Prohibitions for Persons Subject to Domestic Violence Protective Orders

The District also will not issue a registration certificate to any person if he or she:

• Is or has been the respondent in an intrafamily proceeding in which a civil protection order was issued against her or him, or in a proceeding in which a foreign protection order was issued against her or him (an applicant who has been the subject of such an order shall be eligible for registration if the applicant has submitted to the Chief of Police a certified court record establishing that the order has expired or has been rescinded for a period of five years or more);³ or
• Is ineligible to possess a firearm under D.C. Code Ann. § 22-4503 (including any person subject to a final court order restraining him or her from assaulting, harassing, stalking, or threatening a petitioner or any other person named in the order and that requires the person restrained to relinquish possession of any firearms).⁴

1. D.C. Code Ann. § 7-2502.03(a)(4)(D). “Intrafamily offense” is defined as interpersonal, intimate partner, or intrafamily violence. D.C. Code Ann. § 7-2501.01(9B), referencing the definitions for intrafamily offense proceedings under D.C. Code Ann. § 16-1001(8). “Interpersonal violence” means an act punishable as a criminal offense that is committed or threatened to be committed by an offender upon a person: 1) with whom the offender shares or has shared a mutual residence; or 2) who is or was married to, in a domestic partnership with, divorced or separated from, or in a romantic, dating, or sexual relationship with another person who is or was married to, in a domestic partnership with, divorced or separated from, or in a romantic, dating, or sexual relationship with the offender. D.C. Code Ann. § 16-1001(6). “Intimate partner violence” means an act punishable as a criminal offense that is committed or threatened to be committed by an offender upon a person: 1) to whom the offender is or was married; 2) with whom the offender is or was in a domestic partnership; or 3) with whom the offender is or was in a romantic, dating, or sexual relationship. D.C. Code Ann. § 16-1001(7). “Intrafamily violence” means an act punishable as a criminal offense that is committed or threatened to be committed by an offender upon a person to whom the offender is related by blood, adoption, legal custody, marriage, or domestic partnership, or with whom the offender has a child in common. D.C. Code Ann. § 16-1001(9). [↩]
2. D.C. Code Ann. § 22-4503(a)(6). [↩]
3. D.C. Code Ann. § 7-2502.03(a)(12). [↩]
4. D.C. Code Ann. § 7-2502.03(a)(9). [↩]

(This section was last updated June 26, 2012.)

Florida law does not explicitly authorize or require the removal or surrender of firearms at the scene of a domestic violence incident.¹

Firearm Prohibitions for Domestic Violence Misdemeanants

Florida has no law prohibiting individuals convicted of domestic violence misdemeanors from purchasing or possessing firearms or ammunition, although Florida law requires the Florida Department of Law Enforcement (FDLE) to review available records in order to prevent domestic violence misdemeanants who are prohibited by federal law from possessing firearms from passing the background check required before purchase of a firearm at a licensed firearms dealer.² Florida law also requires FDLE to review available records in order to prevent persons who have had an adjudication of guilt withheld or imposition of sentence suspended on any misdemeanor crime of domestic violence from passing the background check, unless 3 years have elapsed since probation or any other conditions set by the court have been fulfilled or expunction has occurred.³

Firearm Prohibitions and Notifications for Persons Subject to Domestic Violence Protective Orders

Florida prohibits the purchase or possession of a firearm by any person who has been issued a final injunction that is currently in force and effect, restraining that person from committing acts of domestic violence or stalking or cyberstalking.⁴ The law explicitly states that it is intended only to be consistent with the federal law that prohibits persons subject to certain domestic violence protective orders from possessing firearms.⁵ Florida law requires a final order of protection to indicate, on its face, that it is violation of Florida law for the defendant to possess firearms or ammunition.⁶

Removal or Surrender of Firearms When Domestic Violence Protective Orders Are Issued

Florida considers it a violation of a protective order against domestic violence or stalking to refuse to surrender firearms if the court ordered the abuser to do so.⁷ Florida law does not, however, require the court to include this provision in any protective order. Florida law also does not explicitly authorize the court to direct law enforcement to remove firearms from an abuser when a protective order is issued.

See our Domestic Violence & Firearms policy summary for a comprehensive discussion of this issue.

1. See Fla. Stat. §§ 790.07, 790.08 (requiring the removal of firearms when a person has used a firearm in the commission of a felony). [↩]
2. Fla. Stat. § 790.065(2)(a)(2). [↩]
3. Fla. Stat. § 790.065(2)(a)(3). [↩]
4. Fla. Stat. §§ 790.233, 741.31(4)(b)(1). [↩]
5. Fla. Stat. § 790.233. [↩]
6. Fla. Stat. §§ 741.30(6)(g), 784.0485(6)(e). [↩]
7. Fla. Stat. §§ 741.31(4)(a)(8), 784.047(8), 784.0487(4)(g). [↩]