English
EspañolI have a temporary restraining order against the abuser. Can his/her gun be taken away?
Rhode Island law says the judge can issue any temporary order that s/he believes is necessary to protect you from abuse.1 If you want the judge to order the abuser to not have guns as part of your temporary ex parte order, there are steps you can take to make this more likely. It can help to list any guns you know the abuser has or can get. You can write these down in your petition. You can ask the judge to make the abuser give any guns to the police and not have guns while your temporary order is in effect.
If the judge does not include this in your temporary order, you may have to wait until the final order is issued.
1 R.I. Gen Laws §§ 8-8.1-4(a)(1); 15-15-4(a)(1)
What can I do to make it more likely that the abuser's gun will be taken away when I get a restraining order?
Here are some things that may help:
- If the abuser has a gun, tell the judge how many guns s/he has and if s/he has ever threatened you with one;
- Ask the judge to make it clear in your order that the abuser can’t own, buy, or have a gun while the order is in effect; and
- Before leaving the courthouse, make sure that the gun restriction is written on your order.
It may also be helpful if the judge explains what will happen to the abuser’s guns after court. If the judge agrees to take away the guns, you can also ask the judge to:
- require the abuser to give his/her guns to the police or allow the police to go to the abuser’s house and take them;
- clearly state how long the guns will be kept away from the abuser; and
- order the police to inform you when the guns are returned to the abuser.
I have a final restraining order against the abuser. Can s/he keep a gun or buy a new gun?
Under Rhode Island law, as part of a final restraining order, the judge can order the abuser to give up any guns s/he has and not to have, buy, or try to get a gun while the restraining order is in effect.1
There is one exception, however. If the abuser is a police officer, an active member of the military, or in another job where s/he must carry a gun while on duty, s/he can keep a gun only while working. At all other times, that gun must be stored at his/her place of employment.2
Even if your order doesn’t mention guns, Rhode Island law makes it illegal for anyone with a final domestic violence restraining order against him/her to have or buy a gun.3 Federal law also forbids an abuser from having a gun if there is a restraining order against him/her that meets certain requirements, even if the judge doesn’t mention guns in the order.4 Go to the Federal Gun Laws page to get more information.
1 R.I. Gen. Laws §§ 8-8.1-3(a)(4), (b), (c); 15-15-3(a)(4), (b), (c)
2 R.I. Gen. Laws §§ 8-8.1-3(k); 15-15-3(k)
3 R.I. Gen. Laws § 11-47-5(b)
4 18 U.S.C. §§ 922(g)(8); 921(a)(32)
