New Gun Laws for Domestic Violence Cases
A new gun law relating to domestic violence and Protection from Abuse cases went into effect on April 10, 2019. The bill was signed in October 2018 by Governor Wolf to provide additional safeguards to victims of domestic violence.
The law requires that defendants bound by a final Protection from Abuse order relinquish their guns within 24 hours of entry of that order. The prior law allowed them 60 days. In addition, anyone convicted of a misdemeanor crime of domestic violence must relinquish their firearms within 24 hours rather than the previously allotted 60 days.
The previous law allowed defendants in Protection from Abuse matters to relinquish their guns to a third party, such as a friend or family member; however, under the new law, this is no longer an option. Guns must be relinquished to a law enforcement agency, a licensed firearms dealer, an attorney, or a commercial armory.
The law does allow defendants to seek a hearing to determine whether they can retain their guns; it would be up to a judge to approve the exception if the plaintiff does not agree to allow the defendant to keep their guns.
To schedule an appointment with one of our attorneys or for further information, call us at LaMonaca Law, at (610) 892-3877
