Can I Keep My Guns if I Have a Protection from Abuse Order Against Me in Alabama?
- Michael Capleone, Sr.
- Apr 6
- 6 min read
Updated: May 21
In Alabama, a Protection from Abuse (PFA) order is a powerful legal tool designed to protect victims of domestic violence, stalking, or harassment. If you are the subject of a PFA, you may face several restrictions, including limitations on your gun ownership. Many people wonder: Can I keep my guns if I have a protection from abuse order against me? The answer is nuanced, and it's crucial to understand how gun laws and protection orders interact in Alabama.
Firearm Restrictions Under a Protection from Abuse Order in Alabama
In Alabama, a Protection from Abuse order can impose various restrictions on the respondent (the person the order is against). One of the most significant restrictions, especially for individuals who own firearms, is the requirement to surrender guns. Here’s a breakdown of how this works:
1. Temporary Protection from Abuse Orders (Ex Parte Orders)
If a temporary (ex parte) PFA order is issued against you, the court may issue an order requiring you to surrender your firearms immediately. This could be a temporary restriction until the final hearing, depending on the severity of the allegations and the risk the court believes you pose.
At the ex parte hearing, the judge may order the removal of firearms from your possession if the petitioner claims that there is an immediate threat of harm. This is a precautionary measure to ensure the safety of the petitioner while the court makes a final ruling.
2. Final Protection from Abuse Orders
If the final PFA order is issued against you, there are likely to be more substantial firearm restrictions. Under federal law, a final protection order can prohibit the possession of firearms if certain conditions are met. This typically includes situations where:
The order explicitly prohibits firearm possession
The order is related to domestic violence
The respondent is deemed to be a danger to others or is involved in ongoing threats
In these cases, you would likely be required to surrender your firearms to law enforcement, a third party, or someone else specified by the court.
What Happens If You Don’t Surrender Your Guns?
Failure to comply with the firearm surrender order can lead to serious consequences. These may include:
Criminal charges: Violating a protection order, including the firearms restriction, is a Class A misdemeanor in Alabama, which could result in up to one year in jail and fines of up to $6,000.
Contempt of court charges: If you fail to comply with the terms of the PFA, including surrendering your guns, the court may find you in contempt and impose additional penalties, including jail time or further restrictions.
Loss of gun ownership rights: Continued non-compliance may result in long-term loss of the right to possess firearms, especially if the court perceives you as a threat.
What Are Your Options if You Own Guns and Have a Protection from Abuse Order Against You?
If you are facing a PFA and own firearms, it’s essential to consider your legal options to protect your rights and comply with the court order. Here’s what you can do:
1. Surrender Your Guns to Law Enforcement or a Third Party
You may be required to surrender your firearms to local law enforcement or a third-party individual. Often, the court will provide specific instructions on how this process works. If you are concerned about the safety or legality of this step, it’s essential to seek legal advice.
2. Seek Legal Representation
If you have a PFA filed against you, it’s important to consult with a family law attorney. An attorney can help you understand your rights, navigate the legal process, and possibly advocate for a modification of the protection order if the firearm surrender is unduly burdensome or unwarranted.
3. Challenge the Firearm Restriction
In some cases, it may be possible to challenge the firearms restriction during the final hearing, particularly if you can demonstrate that there is no danger of harm and that the restriction is unnecessary. This requires strong legal arguments, so having a qualified family law attorney is crucial.
Can You Get Your Guns Back After a PFA Is Lifted?
If a Protection from Abuse order is terminated or modified, you may be able to reclaim your firearms. However, this process will depend on the specifics of the court order and whether the court determines that it’s safe for you to possess firearms again. If you were required to surrender your firearms, you will need to follow the appropriate legal steps to have them returned.
It’s also important to note that federal law may impose restrictions on gun ownership for individuals who have been convicted of domestic violence-related crimes, regardless of the status of a PFA.
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About Michael Capleone, Attorney at Law
Michael Capleone is a seasoned family law attorney based in Hoover, Alabama, with over 22+ years of experience helping clients navigate complex legal challenges, including divorce, child custody, parental rights, grandparent’s rights, military divorces, petition for protection from abuse, CPS and DHR matters, father’s rights, mother’s rights, relationship advice, pets/ animal custody when a relationship or marriage ends, and general family law matters, co-parenting, dealing with a narcissist, emotional recovery, and much more! As a licensed practicing attorney since 2003, is a dedicated advocate for his clients, Michael understands the emotional and legal complexities of family law cases and works tirelessly to secure favorable outcomes in his law practice.
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This blog is for informational purposes only and does not constitute legal advice. Reading this post does not create an attorney-client relationship. Every case is unique—please consult with a qualified family law attorney licensed in your jurisdiction to discuss your specific situation. Also, this blog is for informational purposes only and does not constitute legal, financial, psychological, or professional advice. It does not create an attorney-client relationship or any other professional-client relationship. The information provided is not a substitute for consultation with a qualified attorney, financial advisor, tax professional, psychologist, or other expert regarding your specific situation.
