English
EspañolI have a temporary protective order against the abuser. Can the abuser have a gun?
Iowa state laws do not make it illegal for the abuser to have a gun while there is a temporary protective order in place. To see if it might be illegal under federal law, go to I have a temporary order of protection against the abuser. Can his/her gun be taken away?
Note: All temporary orders must specifically warn the abuser that s/he may be required to give up all firearms, offensive weapons, and ammunition if a permanent order is issued.1
1 Iowa Code § 236.4(2)
I have a permanent protective order against the abuser. Can s/he keep a gun or buy a new gun?
In a permanent protective order, the judge can order the abuser to not have any firearms, weapons, or ammunition in his/her possession.1
Federal laws, which apply to all states, also limit a person’s right to have a gun under certain circumstances. Visit our Federal Gun Laws page for more information.
1 Iowa Code § 236.5(1)
Is there anything I can do to make it more likely that the abuser's gun is taken away when I get a protective order?
Here are some steps you can take:
- Tell the judge if the abuser has ever threatened you with a gun.
- Tell the judge everything you know about the abuser’s guns. Explain how many guns the abuser has, what types they are, and where they are kept.
- Ask the judge to write in your protective order that the abuser cannot buy or have a gun while the order is in effect. There should be a box in the petition that you can check off to request this.
If the judge agrees that the abuser cannot keep his/her guns while the protective order is in effect, you may also want to ask the judge to:
- require the abuser to give his/her guns to the police, or give the police the power to go to the abuser’s house and get them;
- clearly state how long the guns will be kept away from the abuser; and
- have the police tell you when the guns are returned to the abuser.
Note: There is a federal law which says some abusers cannot have a gun while a protective order is in effect, even if the judge doesn’t write it in the order. You can learn more on our Federal Gun Laws page.
