I have a temporary order of protection against the abuser. Can his/her gun be taken away?
Most likely no. Nothing in South Carolina law specifically says that someone with a temporary order of protection against him/her cannot have a gun.* You can ask the judge to write in your temporary order that the abuser cannot have a gun while you are waiting for a full court hearing. If the judge sees the abuser's firearm as a serious enough threat, perhaps the judge might decide to write this in.
* See S.C. Code §§ 20-4-60; 16-25-30
I have a final order of protection against the abuser. Can s/he keep a gun or buy a new gun?
South Carolina law makes it illegal for someone to have or buy any firearm or ammunition if there is a valid order of protection issued against him/her from South Carolina (or from a court in another state, tribe, or territory) and at the time of the hearing, the judge did both of the following:
- made specific findings that the abuser caused (or attempted to cause) physical harm, bodily injury, or assault to his/her household member; and
- specifically ordered that the person is prohibited from possessing a firearm or ammunition.*
Also, federal laws, which apply to all states, restrict a person's right to have a gun under certain circumstances, including when there is a final order of protection against him/her. Go to Federal Gun Laws to get more information.
* S.C. Code § 16-25-30(A)