When an individual requests a protective order, many times the offender whom the protective order controls, is not aware of the additional consequences of the order. There are provisions the offender must follow in addition to staying away from the victim and their place of residence and employment. 
One of the requirements the offender must follow is to surrender all firearms as well as being prohibited from purchasing any additional firearms.
What is Considered a Firearm?
Due to the vast variety of firearms and the different features associated with firearms, many offenders can be easily confused as to what exactly they must surrender. The Oklahoma statute that defines a firearm for purposes of a protective order states:
- A firearm is any revolver, rifle, or shotgun that is capable of discharging a projectile which may reasonably be expected to cause lethal injury; and
- Uses gunpowder, gas, or any means of rocket propulsion.
It is important to note that while a cap and ball gun uses metal pellets called “balls,” and black powder, these guns do not require a background check in Oklahoma. A background check usually alerts the seller whether the buyer has a protective order against him or not.
Even though a background check is not necessary to purchase these types of weapons, they are still considered firearms and are prohibited. In contrast, black powder, balls and caps, the components of the cap and ball gun, do require a background check when purchasing and will not be sold to an individual with a protective order against them.
Owning or Buying a New Gun
According to both Oklahoma law and federal law, an individual must surrender firearms if the individual has a valid permanent protective order. The individual is prohibited from purchasing new firearms.
Your protective order must meet certain requirements to be valid under federal law. These requirements are in addition to the procedure your protective order attorney will assist you in when obtaining an Oklahoma protective order. These requirements include:
- offender must have been given notice of the protective order hearing, usually in the form of documents served to the offender by a third party
- presented with an opportunity to attend the hearing, but is not required to actually attend
- offender must be an “intimate partner” of the requesting party, this includes:
- current or former spouse
- parent of a child you share
- person you have previously lived with
As long as the order is valid, the offender is not allowed to have in their possession any firearms. Most protective orders last for three years, thus the defendant cannot possess a firearm for as many as three years from the date the order is issued by the court. If the order is canceled, the offender must wait 60 days before being in possession of a firearm.
How to Ensure Firearms are Confiscated from Offender
While it is not necessary to specify in your order that the offender must relinquish all firearms, there are a few steps you can take to ensure your safety.
In the application for a protective order, your family law attorney will ask you to state the number and types of guns the offender has, you do not have to be very detailed, you just need to do your best to accurately relay this information.
Your family law attorney should also ask that the judge specifically writes in the order that the offender cannot own, purchase, or possess any firearm while the protective order is valid.
Make sure the judge includes in the written order how the firearms will be surrendered. Most family law attorneys recommend the offender surrender his firearms to the local police station.
Lastly, make sure you, or your family law attorney, discuss with law enforcement that they must notify the victim when the firearms are returned to the offender.
Free Consultation with a Tulsa Family Law Attorney
Hiring a family law attorney when filing a protective order will ensure the process is expertly conducted and your interests and safety are well represented.
A family law attorney is the best resource when you have been the victim of domestic abuse and you need to file a protective order quickly and effectively.
Contact an experienced Tulsa divorce attorney when you need to go through the Oklahoma child support modification process.
For a free confidential consultation, call now: 918-924-5526.
