Restraining Orders

If the judge orders the abuser to give up (surrender) his/her firearms as part of your restraining order, the abuser must surrender his/her guns to one of the following:

• a person who is not the abuser’s intimate partner or relative as long as s/he will not return the guns while the restraining order is still valid;
• the Rhode Island state police or local police department; or
• a licensed gun dealer.¹

Within 24 hours of getting notice of the restraining order, the abuser must turn in his/her guns to one of the people listed above.

Within 72 hours, the abuser must file proof in court that s/he properly turned in any guns, or that s/he does not have any.

The abuser can ask for a court hearing within 15 days for the judge to review the order and decide whether or not the firearms should stay surrendered or be returned to the abuser. At the hearing, the abuser has the burden of proving that s/he would not pose a danger to you or anyone else if his/her guns were returned. You will receive notice of the hearing and have the right to be present.²

¹ R.I. Gen Laws §§ 8-8.1-3(a), (k), (m); 15-15-3(d)
² R.I. Gen Laws §§ 8-8.1-3(c), (j); 15-15-3(b)