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prohibited possessor Laws Law Intelligence Hub

243 Records • Page 3 of 7
Hawaii prohibited possessor handgun and long gun Restrictive

HI1052 — dvro

Citation: Haw. Rev. Stat. Ann. § 134-7(f)

No person who has been restrained pursuant to an order of any court, including an ex parte order as provided in this subsection, from contacting, threatening, or physically abusing any person, shall possess, control, or transfer ownership of any firearm or ammunition therefor, so long as the protective order, restraining order, or any extension is in effect, unless the order, for good cause shown, specifically...

Effective: 1993-06-10 Superseded: 2000-06-07
Hawaii prohibited possessor handgun and long gun Restrictive

HI1104 — violent misdemeanor

Citation: Haw. Rev. Stat. §§ 134-7 (b) (d)

(b) No person who is under indictment for, or has waived indictment for, or has been bound over to the circuit court for, or has been convicted in this State or elsewhere of having committed a felony, or any crime of violence, or an illegal sale of any drug shall own, possess, or control any firearm or ammunition therefor.

Effective: 1991-01-01
Hawaii prohibited possessor handgun and long gun Restrictive

HI1051 — mental health : diagnosed with significant behavioral, emotional or mental disorder

Citation: HRS § 134-7

(c) No person who: (3) Is or has been diagnosed as having a significant behavioral, emotional, or mental disorders as defined by the most current diagnostic manual of the American Psychiatric Association or for treatment for organic brain syndromes; shall own, possess, or control any firearm or ammunition therefor, unless the person has been medically documented to be no longer adversely affected by the addiction,...

Effective: 1990-06-19
Illinois prohibited possessor handgun and long gun Restrictive

IL1047 — erpo : expanded

Citation: 430 ILCS 67/1, et seq

30 ILCS 67/1 Sec. 1. Short title. This Act may be cited as the Firearms Restraining Order Act. 430 ILCS 67/5 Sec. 5. Definitions. As used in this Act: "Family member of the respondent" means a spouse, parent, child, or step-child of the respondent, any other person related by blood or present marriage to the respondent, or a person who shares a common dwelling with the respondent.

Effective: 2019-01-01
Illinois prohibited possessor handgun and long gun Restrictive

IL1048 — erpo : ex parte expanded

Citation: 430 ILCS 67/5; 430 ILCS 67/35

430 ILCS 67/5 “Petitioner” means: (1) a family member of the respondent as defined in this Act; or (2) a law enforcement officer, who files a petition alleging that the respondent poses a danger of causing personal injury to himself, herself, or another by having in his or her custody or control, purchasing, possessing, or receiving a firearm.

Effective: 2019-01-01
Illinois prohibited possessor handgun and long gun Restrictive

IL1046 — dvro ex parte : expanded

Citation: IL ST CH 725 §§ 5/112A-14(14.5); 5/112A-17.5(b); 725 ILCS 5/112A-3

CH 725 § 5/112A-14(14.5): (A) A person who is subject to an existing domestic violence order of protection issued under this Code may not lawfully possess weapons under Section 8.2 of the Firearm Owners Identification Card Act.

Effective: 2018-06-29
Illinois prohibited possessor handgun and long gun Restrictive

IL1045 — mental health : adjudicated as mentally incompetent//incapacitated/disabled

Citation: 430 ILCS 65/8; 430 ILCS 65/1.1

430 ILCS 65/8: (r) A person who has been adjudicated as a person with a mental disability; (t) A person involuntarily admitted into a mental health facility.

Effective: 2013-06-01
Illinois prohibited possessor handgun and long gun Restrictive

IL1085 — dvro ex parte : expanded

Citation: IL ST CH 725 §§ 5/112A-14(14.5

(a) When a complaint is made under a request for an order of protection, that the respondent has threatened or is likely to use firearms illegally against the petitioner, and the respondent is present in court, or has failed to appear after receiving actual notice, the court shall examine on oath the petitioner, and any witnesses who may be produced.

Effective: 2010-01-01 Superseded: 2018-06-29
Illinois prohibited possessor handgun and long gun Restrictive

IL1044 — dvro : expanded

Citation: 725 Ill. Comp. Stat. 5/112A-3(3); 60/214(b)(14.5)

725 Ill. Comp. Stat. 5/112A-3(3) “Family or household members” include spouses, former spouses, parents, children, stepchildren, and other persons related by blood or by present or prior marriage, persons who share or formerly shared a common dwelling, persons who have or allegedly have a child in common, persons who share or allegedly share a blood relationship through a child, persons who have or have had a dating...

Effective: 2009-01-01
Illinois prohibited possessor handgun and long gun Restrictive

IL1043 — mental health : adjudicated as mentally incompetent//incapacitated/disabled

Citation: 430 ILCS 65/1.1

“Adjudicated as a person with a mental disability” means the person is the subject of a determination by a court, board, commission or other lawful authority that the person, as a result of marked subnormal intelligence, or mental illness, mental impairment, incompetency, condition, or disease: (1) presents a clear and present danger to himself, herself, or to others; (2) lacks the mental capacity to manage his or...

Effective: 2008-06-01 Superseded: 2013-06-01
Illinois prohibited possessor handgun and long gun Restrictive

IL1042 — dvro : expanded

Citation: IL ST CH 725 §§ 5/112A-14(14.5); 725 ILCS 5/112A-3

(A) A person who is subject to an existing domestic violence order of protection issued under this Code may not lawfully possess weapons under Section 8.2 of the Firearm Owners Identification Card Act. 725 Ill. Comp. Stat.

Effective: 1996-01-01 Superseded: 2009-01-01
Illinois prohibited possessor handgun and long gun Restrictive

IL1087 — violent misdemeanor limited

Citation: 430 Ill. Comp. Stat. 65/8(a) (k)

§ 8. Grounds for denial and revocation. The Illinois State Police has authority to deny an application for or to revoke and seize a Firearm Owner's Identification Card previously issued under this Act only if the Illinois State Police finds that the applicant or the person to whom such card was issued is or was at the time of issuance: (a) A person under 21 years of age who has been convicted of a misdemeanor other...

Effective: 1996-01-01
Illinois prohibited possessor handgun and long gun Restrictive

IL1086 — not RAND violent misdemeanor

Citation: 430 Ill. Comp. Stat. 65/8(a)

§ 8. Grounds for denial and revocation. The Illinois State Police has authority to deny an application for or to revoke and seize a Firearm Owner's Identification Card previously issued under this Act only if the Illinois State Police finds that the applicant or the person to whom such card was issued is or was at the time of issuance: (a) A person under 21 years of age who has been convicted of a misdemeanor other...

Effective: 1995-01-01 Superseded: 1996-01-01
Illinois prohibited possessor handgun and long gun Restrictive

IL1041 — mental health : determined by police to be mentally incompetent/incapacitated/disabled

Citation: 430 ILCS 65/8

The Department of State Police has authority to deny an application for or to revoke and seize a Firearm Owner's Identification Card previously issued under this Act only if the Department finds that the applicant or the person to whom such card was issued is or was at the time of issuance: (f) A person whose mental condition is of such a nature that it poses a clear and present danger to the applicant, any other...

Effective: 1990-01-01
Illinois prohibited possessor handgun and long gun Restrictive

IL1039 — mental health : committed to mh facility : voluntary

Citation: 430 ILCS 65/8

The Department of State Police has authority to deny an application for or to revoke and seize a Firearm Owner's Identification Card previously issued under this Act only if the Department finds that the applicant or the person to whom such card was issued is or was at the time of issuance: (e) A person who has been a patient of a mental health facility within the past 5 years or a person who has been a patient in a...

Effective: 1968-07-01
Illinois prohibited possessor handgun and long gun Restrictive

IL1040 — mental health : adjudicated as mentally incompetent//incapacitated/disabled

Citation: 430 ILCS 65/8

The Department of State Police has authority to deny an application for or to revoke and seize a Firearm Owner's Identification Card previously issued under this Act only if the Department finds that the applicant or the person to whom such card was issued is or was at the time of issuance: (f) A person who has an intellectual disability

Effective: 1968-07-01 Superseded: 2008-06-01
Indiana prohibited possessor handgun and long gun Restrictive

IN1037 — erpo

Citation: Ind. Code Ann. § 35-47-14-2

Sec. 2 . A circuit or superior court may issue a warrant to search for and seize a firearm in the possession of an individual who is dangerous if: (1) a law enforcement officer provides the court a sworn affidavit that: (A) states why the law enforcement officer believes that the individual is dangerous and in possession of a firearm; and (B) describes the law enforcement officer's interactions and conversations...

Effective: 2005-07-01
Indiana prohibited possessor handgun and long gun Restrictive

IN1036 — dvro

Citation: Ind. Code Ann. § 34-26-5-9(c)(4)

A court may grant the following relief after notice and a hearing, whether or not a respondent appears, in an order for protection or in a modification of an order for protection: (4) Prohibit a respondent from using or possessing a firearm, ammunition, or a deadly weapon specified by the court, and direct the respondent to surrender to a specified law enforcement agency the firearm, ammunition, or deadly weapon for...

Effective: 2002-07-01
Iowa prohibited possessor handgun and long gun Restrictive

IA1031 — dvro : expanded

Citation: Iowa Code §§ 236.5(1)(b), 236.2(2), 724.26(4)

§ Sec. 236.5 (1)(b) Upon the issuance of a protective order or entry of a judgment of conviction described in subsection 2, the court shall inform the person who is the subject of such order or conviction that the person shall not possess, ship, transport, or receive a firearm, offensive weapon, or ammunition while such order is in effect or until such conviction is vacated or until the person’s rights have been...

Effective: 2010-03-22
Kansas prohibited possessor handgun and long gun Restrictive

KS1027 — dvro

Citation: Kan. Stat. Ann. § 21-6301(a)(17), (18)

Criminal use of weapons is knowingly: (17) possessing any firearm by a person while such person is subject to a court order that: (A) Was issued after a hearing, of which such person received actual notice, and at which such person had an opportunity to participate; (B) restrains such person from harassing, stalking or threatening an intimate partner of such person or a child of such person or such intimate partner,...

Effective: 2018-04-20
Kansas prohibited possessor handgun and long gun Restrictive

KS1026 — mental health : committed to mh facility

Citation: K.S.A. 21-6301

(a) Criminal use of weapons is knowingly: (13) possessing any firearm by a person who is or has been a mentally ill person subject to involuntary commitment for care and treatment, as defined in K.S.A. 59-2946, and amendments thereto.

Effective: 2011-07-01
Louisiana prohibited possessor handgun and long gun Restrictive

LA1029 — mental health : committed to mh facility

Citation: LSA-R.S. 14:95.1

It is unlawful for any person who has been convicted of, or has been found not guilty by reason of insanity for, a crime of violence as defined in R.S.

Effective: 2018-08-01
Louisiana prohibited possessor handgun and long gun Restrictive

LA1028 — dvro : expanded

Citation: LA Rev Stat § 46:2136.3

The permanent injunction or protective order includes a finding that the person subject to the permanent injunction or protective order represents a credible threat to the physical safety of a family member, household member, or dating partner.

Effective: 2017-08-01
Louisiana prohibited possessor handgun and long gun Restrictive

LA1027 — dvro : expanded

Citation: La. Rev. Stat. § 46:2136.3

Any person against whom the court has issued a permanent injunction or a protective order pursuant to the provisions of R.S. 9:361 et seq., R.S.

Effective: 2014-05-22 Superseded: 2017-08-01
Maine prohibited possessor handgun and long gun Restrictive

ME1052 — dvro

Citation: Me. Rev. Stat. tit. 19-A, § 4110(3)(B),(4)

3. Relief. Relief granted under this section may include: B. Directing the defendant not to possess a firearm, muzzle-loading firearm, bow, crossbow or other dangerous weapon for the duration of the order; 4. No possession of firearm, muzzle-loading firearm, bow or crossbow or dangerous weapons for duration of final protection order.

Effective: 2023-01-01
Maine prohibited possessor handgun and long gun Restrictive

ME1053 — dvro ex parte

Citation: Me. Rev. Stat. tit. 19-A, § 4108(3)

3. Temporary orders; possession of dangerous weapons. The court may direct the defendant not to possess a firearm, muzzle-loading firearm, bow, crossbow or other dangerous weapon for the duration of the temporary order if the complaint demonstrates: A. Abuse that involves a firearm, muzzle-loading firearm, bow, crossbow or other dangerous weapon; or B.

Effective: 2023-01-01
Maine prohibited possessor handgun and long gun Restrictive

ME1054 — mental health : committed to mh facility

Citation: 15 M.R.S.A. § 393

Possession prohibited if individual has been: (1) Committed involuntarily to a hospital pursuant to an order of the District Court under Title 34-B, section 3864 because the person was found to present a likelihood of serious harm, as defined under Title 34-B, section 3801, subsection 4-A, paragraphs A to C; (2) Found not criminally responsible by reason of insanity with respect to a criminal charge; or (3) Found...

Effective: 2009-07-31
Maine prohibited possessor handgun and long gun Restrictive

ME1025 — dvro ex parte

Citation: Me. Stat., 19 § 4006

2. Temporary orders. The court may enter temporary orders authorized under subsection 5 that it considers necessary to protect the plaintiff or minor child from abuse, on good cause shown in an ex parte proceeding, which the court shall hear and determine as expeditiously as practicable after the filing of a complaint. Immediate and present danger of abuse to the plaintiff or minor child constitutes good cause.

Effective: 2003-08-28 Superseded: 2023-01-01
Maine prohibited possessor handgun and long gun Restrictive

ME1024 — mental health : committed to mh facility

Citation: 15 M.R.S.A. § 393

Possession prohibited. A person may not own, possess or have under that person's control a firearm, unless that person has obtained a permit under this section, if that person: A-1. Has been convicted of committing or found not criminally responsible by reason of insanity of committing [enumerated felonies]

Effective: 2002-03-25 Superseded: 2009-07-31
Maine prohibited possessor handgun and long gun Restrictive

ME1026 — mental health : adjudicated as mentally incompetent//incapacitated/disabled

Citation: 15 M.R.S.A. § 393

Possession prohibited if individual has been: (1) Committed involuntarily to a hospital pursuant to an order of the District Court under Title 34-B, section 3864 because the person was found to present a likelihood of serious harm, as defined under Title 34-B, section 3801, subsection 4-A, paragraphs A to C; (2) Found not criminally responsible by reason of insanity with respect to a criminal charge; or (3) Found...

Effective: 2002-03-25
Maine prohibited possessor handgun and long gun Restrictive

ME1023 — dvro

Citation: Me. Stat., 15 § 393(1)(D)

Is subject to an order of a court of the United States or a state, territory, commonwealth or tribe that restrains that person from harassing, stalking or threatening an intimate partner, as defined in 18 United States Code, Section 921(a), of that person or a child of the intimate partner of that person, or from engaging in other conduct that would place the intimate partner in reasonable fear of bodily injury to...

Effective: 1997-08-28
Maine prohibited possessor handgun and long gun Restrictive

ME1055 — not RAND violent misdemeanor

Citation: Me. Rev. Stat. tit. 15 § 393(1)

1. Possession prohibited. A person may not own, possess or have under that person's control a firearm, unless that person has obtained a permit under this section, if that person: A. Deleted. Laws 2001, c. 549, § 2. A-1.

Effective: 1990-04-24
Maryland prohibited possessor handgun and long gun Restrictive

MD1037 — erpo : ex parte

Citation: Md. Code Ann., Pub. Safety §§ 5-601(E)(2); 5-602; 5-603

§5-603. (a) (1) When a petition is filed with a District Court commissioner under § 5-602(b)(2) of this subtitle, the commissioner may enter an interim extreme risk protective order to prohibit the respondent from possessing a firearm if the commissioner finds that there are reasonable grounds to believe that the respondent poses an immediate and present danger of causing personal injury to the respondent, the...

Effective: 2018-10-01
Maryland prohibited possessor handgun and long gun Restrictive

MD1038 — erpo : expanded

Citation: Md. Code Ann., Pub. Safety §§ 5-601(E)(2); 5-602; 5-603

§5-601. (a) In this subtitle the following words have the meanings indicated. (b) “Ammunition” has the meaning stated in § 5-133.1 of this title. (c) “Extreme risk protective order” means a civil interim, temporary, or final protective order issued in accordance with this subtitle. (d) “Firearm” has the meaning stated in § 5-101 of this title.

Effective: 2018-10-01
Maryland prohibited possessor handgun and long gun Restrictive

MD1036 — mental health : committed to mh facility : voluntary

Citation: MD Code, Public Safety, § 5-133

(b) Subject to § 5-133.3 of this subtitle, a person may not possess a regulated firearm if the person: (7) has been found incompetent to stand trial under § 3-106 of the Criminal Procedure Article; (8) has been found not criminally responsible under § 3-110 of the Criminal Procedure Article; (9) has been voluntarily admitted for more than 30 consecutive days to a facility as defined in § 10-101 of the...

Effective: 2013-10-01
Maryland prohibited possessor handgun and long gun Restrictive

MD1075 — not RAND violent misdemeanor

Citation: Md. Code Ann., Pub. Safety § 5-133(b)

(b) Subject to § 5-133.3 of this subtitle, a person may not possess a regulated firearm if the person: (1) has been convicted of a disqualifying crime; (2) has been convicted of a violation classified as a common law crime and received a term of imprisonment of more than 2 years; (3) is a fugitive from justice; (4) is a habitual drunkard; (5) is addicted to a controlled dangerous substance or is a habitual user; (6)...

Effective: 2003-10-01