What are the Federal Laws Regarding Guns and Domestic Violence?
Under the Federal Violence Against Women Act, once the abuser has been served with an Order of Protection it is a federal crime for the abuser to possess any firearm or ammunition. However, law enforcement and members of the military who are subject to an Order of Protection can use their guns while on duty. Abusers are not banned permanently from possessing guns, only for the time that the Order of Protection is in existence. It is also a Federal Crime for a person who is convicted of of some domestic violence misdemeanor crimes (for example, bodily harm) to have a firearm or ammunition. This law applies to federal and Illinois misdemeanors that meet certain conditions. The gun ban is permanent. This means an abuser can never legally possess a gun again unless the conviction has been set aside. Law enforcement officers are not exempt from this. The U.S. Attorney General’s office has the authority to prosecute these domestic violence violations, but as of today prosecutions are rare.
