English
EspañolIf I think the abuser has a gun illegally, who do I report it to?
If you believe the abuser broke the law by having a gun, you can report it to the police. You don’t have to know which specific law the abuser broke or whether it’s a state or federal law to tell the police. However, you should know that the local or state police can only arrest someone for breaking a state law. They cannot arrest someone for breaking a federal law. Only federal law enforcement can do that. The Bureau of Alcohol, Tobacco, and Firearms (ATF) is the federal agency that deals with gun issues.
The chart below shows what the local police can do, depending on whether they think the abuser broke a state or federal gun law.
| If the abuser broke a… | Then the local police can… |
|---|---|
| state gun law | arrest the abuser and hand over the case to the local prosecutor. |
| federal gun law | contact the ATF or your state’s federal prosecutor, called the U.S. Attorney. |
If you believe the abuser broke a federal law, you can also report it to the ATF yourself. To learn how, go to How do I contact the ATF to report a federal gun crime? If the abuser broke state and federal laws, s/he might be prosecuted in both state and federal courts.
A local domestic violence organization may also be able to answer your questions and help you contact the right law enforcement officers. You can find contact information for organizations in your area on our Rhode Island Advocates and Shelters page.
Note: A person generally does not have to be aware of a law in order to be arrested for breaking it. If the abuser has, buys, or tries to get a gun illegally, s/he can be arrested, even if s/he didn’t know it was against the law.1
1 United States v. Lippman, 369 F. 3d 1039 (8th Cir. 2004); United States v. Henson, 55 F. Supp. 2d 528 (S.D. W.V. 1999)
