Will the abuser go to jail for having a gun when s/he isn't supposed to?
The abuser could face jail time. According to Oregon state law, the crime of illegal possession of a firearm is a Class A misdemeanor, which carries a sentence of up to 364 days and a fine of up to $6,250.* However, if the abuser is a convicted felon in possession of a firearm, it is a Class C felony, which carries a sentence of up to 5 years and a fine of up to $125,000.**
If the abuser has a gun in violation of a specific term against possessing firearms that was written into your restraining order by the judge, s/he may be arrested for the crime of violating the restraining order. Violation of the specific terms of a stalking protective order, for example, can be considered either a Class A misdemeanor or a Class C felony, depending on certain circumstances.***
The abuser might also be violating federal gun laws as well, which carry separate criminal penalties. Go to Federal Gun Laws for more information.
* O.R.S. §§ 166.250(5); 161.615(1); 161.635(1)(a)
** O.R.S. §§ 166.270(5); 161.605(3); 161.625(1)(d)
*** O.R.S. § 163.750(2)(a),(b)