Gun Confiscation Laws: 20 States That Have Them

In the U.S., gun laws can be very different from one state to another. Some states have passed laws that allow police to take away guns from people who may be dangerous.

These laws are meant to prevent harm before it happens. Here are the 20 states that have legal gun confiscation laws in place. 

1. New Jersey

In New Jersey, the state allows gun confiscation through a law known as the “Red Flag Law.” This law lets law enforcement remove firearms from someone considered a danger to themselves or others.

Family members or police can ask a court for a temporary order to take away guns. The court decides based on evidence, like threats or violent behavior. (ref)

2. Oklahoma

Oklahoma’s gun confiscation laws are less strict than in some other states. A court can order the removal of firearms from someone who has been convicted of certain crimes (like carrying firearms as contraband) or has a history of mental illness.

However, the process can be complicated, and it usually requires a legal ruling. (ref)

3. Massachusetts

Massachusetts has a strong gun control system, including laws for confiscation. Under state law, police can take guns from someone who poses a threat.

This can happen if the person has a restraining order against them or is deemed mentally unstable. There is also a license requirement to own guns in the state, making it easier for law enforcement to monitor gun owners. (ref)

4. Pennsylvania

In Pennsylvania, gun confiscation can occur through “Extreme Risk Protection Orders” (ERPO). This law allows family members or law enforcement to petition a court to remove guns from someone deemed dangerous.

The court can issue a temporary order to take away the guns for up to 10 days while a hearing is held. (ref)

5. Delaware

Delaware also has a Red Flag Law similar to New Jersey. This law permits the removal of firearms from individuals who are considered a threat to themselves or others.

Family members, police, or mental health professionals can file a “lethal violence protective order” in court to have guns taken away. (ref)

6. New Mexico

In New Mexico, there is no specific law for gun confiscation but the state allows law enforcement to seize firearms if a person is in a crisis or has a restraining order against them. Police can take guns to prevent harm to the individual or others.

Whether the person is in possession of a “deadly weapon” (ex. loaded guns in the back of the trunk or carried into school premises) or “explosive,” the laws can vary, and police often have discretion in these situations. (ref)

7. Rhode Island

Rhode Island has its own ERPO that allows guns to be confiscated from individuals deemed a danger to themselves or others. Family members or police can ask a court for a temporary order to remove firearms.

This process is designed to protect people at risk of harming themselves or others. (ref)

8. Michigan

Michigan also has a form of a Red Flag Law that allows for gun confiscation. If someone is believed to be a threat due to mental health issues or violence, a court can issue an order to take away their firearms.

Law enforcement can then confiscate the guns. This law helps prevent potential tragedies. (ref)

9. New Hampshire

New Hampshire’s authorities can seize firearms in certain situations, such as when someone has a restraining order. Police can remove guns if they believe someone is a danger to themselves or others, but the laws are less strict compared to some other states. (ref)

10. New York

New York’s gun laws allow courts to issue orders to take away firearms from individuals deemed dangerous. Family members or law enforcement can petition the court for this order.

New York also has strict licensing requirements for gun ownership, making it easier for police to monitor individuals. (ref) The NYPD even offers $200 to anyone who turns in a handgun (which includes revolvers, semiautomatic, or automatic pistols), a sawed-off shotgun, or an assault weapon. (ref)

11. Florida

Florida’s “Risk Protection Orders” allows law enforcement to take away firearms from someone considered a threat to themselves or others. Family members or police can file a petition in court for this order.

If the court agrees, officers can confiscate the guns. (ref)

12. Illinois

Illinois has a Firearms Restraining Order Act that allows police to remove guns from people who may be a danger. Family members or law enforcement can file a petition in court to ask for a firearm restraining order.

If the court issues this order, police can take away the guns. (ref)

13. Tennessee

Tennessee does allow for gun confiscation under certain conditions. For example, if a person is subject to an order of protection or has been convicted of a violent crime, law enforcement can seize their firearms. (ref)

14. Hawaii

Hawaii has an ex parte gun violence protective order (a one-year gun violence protective order or a domestic abuse protective order) that allows for the confiscation of firearms. Police can take guns from someone who poses a danger to themselves or others, especially if they have a history of mental illness or violence.

The state also requires permits to own guns, making it easier for law enforcement to monitor owners. (ref)

15. California

California’s Gun Violence Restraining Orders allow family members or law enforcement to petition in court to take away someone’s guns if they are deemed a threat. The police can then confiscate those firearms. (ref)

16. Minnesota

If someone is charged with a crime in Minnesota, a judge can order them to surrender all firearms, destructive devices, or dangerous weapons they own to the local law enforcement agency.

If the person is convicted, the firearm must be returned either when the court orders it or when the person completes probation and has their civil rights restored. (ref)

17. Louisiana

Under Louisiana law, if someone is deemed mentally ill or has been convicted of certain crimes (especially a disqualifying domestic violence offense), a court can order the confiscation of firearms.

When a person is placed under a protective order, they may also be required to surrender their guns for at least 10 years to law enforcement. This helps ensure public safety. (ref)

18. Nevada

In Nevada, when a person is involved in a domestic violence situation, the court can issue a temporary order to take away their guns.

This means that if someone has a history of violence or threats, law enforcement can confiscate their firearms to protect others. The firearms can be returned later if the court allows it. (ref)

19. Nebraska

Nebraska’s law enforcement can seize firearms from individuals who are prohibited from owning them. According to Nebraska law, if someone breaks the state’s minimum age laws for owning a gun, police must confiscate the firearm and keep it as evidence.

Nebraska doesn’t have other laws for removing guns from people who are banned from having them. (ref)

20. Colorado

When someone is a danger to themselves or others in Colorado, a court can issue an ERPO, which allows police to confiscate firearms from that person. If someone has been convicted of certain crimes or is involved in domestic violence, they may also be required to surrender their guns to law enforcement. (ref)

While not every state has these laws, the 20 states mentioned have taken steps to reduce risks and prevent harm.