When a Court Order Takes Away Your Guns
A Kentucky Domestic Violence Order (DVO) can have immediate and significant consequences for your firearms rights. Under both federal law and Kentucky law, a person subject to a qualifying DVO may be prohibited from possessing firearms for the duration of the order — and violations can result in criminal charges at both the state and federal level. At Clark + Harris in Lexington and Louisville, we represent clients facing DVO proceedings and advise them on the firearms implications of these orders.
Kentucky DVO Law: KRS 403.740
Under KRS 403.740, a court may issue a Domestic Violence Order that includes a wide range of protective provisions, including restraining the respondent from committing further acts of domestic violence, excluding the respondent from the shared residence, granting temporary custody of children, and — critically — ordering the respondent to surrender firearms.
A DVO can be issued after a hearing at which both parties have the opportunity to present evidence. The standard is “preponderance of the evidence” — meaning the petitioner must show that domestic violence has occurred and may occur again. If the court issues a DVO, it remains in effect for up to three years and can be renewed.
Firearms Surrender Provisions
Kentucky courts have the authority to include firearms surrender provisions in a DVO. When such a provision is included, the respondent must surrender all firearms to law enforcement or to a third party approved by the court. Failure to comply with a firearms surrender order can result in contempt of court charges and additional criminal penalties.
Federal Law: 18 U.S.C. § 922(g)(8)
Federal law under 18 U.S.C. § 922(g)(8) prohibits any person subject to a qualifying domestic violence restraining order from possessing firearms. To qualify under § 922(g)(8), the order must have been issued after a hearing at which the respondent had an opportunity to participate, must restrain the respondent from harassing, stalking, or threatening an intimate partner or the partner’s child, and must include a finding that the respondent represents a credible threat to the physical safety of the intimate partner or child, or must explicitly prohibit the use of physical force against the intimate partner or child.
A Kentucky DVO that meets these requirements triggers the federal firearms prohibition for the duration of the order. The Supreme Court upheld the constitutionality of § 922(g)(8) in United States v. Rahimi, confirming that this prohibition is consistent with the Second Amendment under the Bruen framework.
EPOs vs. DVOs
Kentucky also provides for Emergency Protective Orders (EPOs) under KRS 403.725. An EPO is a temporary order that can be issued without a hearing — typically by a judge at the request of law enforcement. EPOs are designed to provide immediate protection in emergency situations and remain in effect until a hearing can be held on a DVO petition.
The federal firearms prohibition under § 922(g)(8) may not apply to EPOs because the statute requires that the order be issued after a hearing at which the respondent had notice and an opportunity to participate. Since EPOs are issued ex parte, they may not meet this requirement. However, Kentucky state law may still impose firearms restrictions based on an EPO, and the practical effect is that your firearms may be seized while the EPO is in effect.
Duration and Termination
The firearms prohibition under § 922(g)(8) lasts only for the duration of the restraining order. When the DVO expires or is dissolved, the federal firearms prohibition is lifted — unless you are subject to another disqualifying condition (such as a felony conviction or a domestic violence misdemeanor conviction under the Lautenberg Amendment).
This is an important distinction. The DVO-based firearms prohibition is temporary, while the Lautenberg Amendment prohibition (based on a misdemeanor conviction) is permanent unless affirmatively removed. If you are subject to both a DVO and a domestic violence misdemeanor conviction, dissolving the DVO will not restore your firearms rights.
Defending Against a DVO
Because of the significant firearms consequences, defending against a DVO petition is critically important for gun owners. At Clark + Harris, our attorneys in Lexington and Louisville represent respondents in DVO proceedings throughout Kentucky. We understand that a DVO is not just a piece of paper — it is a court order that can strip you of your constitutional rights and expose you to criminal prosecution if violated.
Don’t risk a federal firearms charge by assuming your rights are restored. Call Clark + Harris at 859-474-0001 for a legal analysis of your specific situation. If you are facing a DVO petition or are subject to a DVO and have questions about your firearms rights, our attorneys can provide immediate assistance.
Related Resources
If this information applied to your situation, the following Clark + Harris guides may also be helpful:
- Challenging Kentucky Firearms Laws After Bruen: Text, History, and Tradition Test
- Post-Bruen Challenges to 18 U.S.C. § 922(g)(1) in Kentucky Federal Courts
- Bruen’s Impact on Kentucky Concealed Carry and CCDW Laws
- Second Amendment Litigation Strategy for Kentucky Criminal Defense Cases
- The Lautenberg Amendment: How a Kentucky Domestic Violence Misdemeanor Takes Away Your Gun Rights