Special Report

States Where The Government Can Take Your Gun

Samuel Stebbins

Published: February 2, 2024 9:31 am

Out of 195 countries throughout the world, there have been only ten nations that include the right to bear arms in their constitution. Of these countries, there are now only four that still uphold this constitutional right to gun ownership – Guatemala, Mexico, Haiti, and the United States. In the U.S., this right to bear arms is not unrestricted, like many other freedoms protected by the Bill of Rights. Not only does federal law prohibit certain groups from gun ownership, including some convicted felons, fugitives, non-citizens, and those with certain mental illnesses, but individual states have their own restrictions.

Although possession of a firearm is a criminal offense for certain individuals, there is no legal mechanism to proactively ensure compliance. As a result of their being a lack of federally backed enforcement protocols, many states have enacted their own policies that not only mandate but also ensure that certain individuals give up their guns. Depending on the circumstances, state and local law enforcement in some parts of the country can confiscate an individual’s firearms for months or even years at a time. 

24/7 Wall St. identified the states where the government can take your gun by reviewing state-level laws compiled by the Giffords Law Center, a gun violence prevention group. Without exception, the laws in the states on this list target only those deemed to pose a direct threat to themselves or others and impose no restrictions on responsible, law-abiding gun owners. 

The majority of the 32 states on this list have enacted a set of laws known as extreme risk protection orders, or ERPOs. These laws temporarily remove firearm access for persons showing clear warning signs of violence. They are often used to prevent potential suicides and mass shootings. (Here is a look at every state’s grade on gun laws.) 

There are some states where families and household members can initiate ERPO interventions, while in others, only law enforcement officials can. The level of proof needed to execute an ERPO also varies by state. In some cases, a preponderance of evidence is justification enough, in others, a higher level of clear and convincing evidence is required. Typically when an ERPO is carried out, the individual in question must relinquish their firearm or firearms to the proper authorities or else have their guns confiscated by law enforcement. 

States without ERPO laws are on this list because their laws are designed to verify that individuals convicted of crimes, that prohibit firearm ownership, have relinquished their guns. In other states, law enforcement officials are compelled to remove firearms at the scene of domestic violence emergency calls. (Here is a look at the states where gun-related crimes are surging.)

Here are states where the government can take your gun

California

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• Firearm removal for “extreme risk” individuals: Yes, loss of firearm for a min. of 21 days and a max. of 5 years
• Enforced gun removal for those with a crime-related possession ban: Yes
• Enforced gun removal for domestic violence convictions?: Yes
• Enforced gun removal for those under a domestic violence restraining order?: Yes
• Firearm laws for domestic violence emergency calls: Law enforcement must remove at least some firearms

Colorado

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• Firearm removal for “extreme risk” individuals: Yes, loss of firearm for a min. of 14 days and a max. of 1 year
• Enforced gun removal for those with a crime-related possession ban: No
• Enforced gun removal for domestic violence convictions?: Yes
• Enforced gun removal for those under a domestic violence restraining order?: Yes
• Firearm laws for domestic violence emergency calls: None

Connecticut

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• Firearm removal for “extreme risk” individuals: Yes, loss of firearm for a min. of 14 days, and until the respondent is determined to no longer be a risk
• Enforced gun removal for those with a crime-related possession ban: Yes
• Enforced gun removal for domestic violence convictions?: Yes
• Enforced gun removal for those under a domestic violence restraining order?: No
• Firearm laws for domestic violence emergency calls: Law enforcement can remove at least some firearms

Delaware

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• Firearm removal for “extreme risk” individuals: Yes, loss of firearm for a min. of 15 days and a max. of 1 year
• Enforced gun removal for those with a crime-related possession ban: No
• Enforced gun removal for domestic violence convictions?: No
• Enforced gun removal for those under a domestic violence restraining order?: No
• Firearm laws for domestic violence emergency calls: None

Florida

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• Firearm removal for “extreme risk” individuals: Yes, loss of firearm for a min. of 14 days and a max. of 1 year
• Enforced gun removal for those with a crime-related possession ban: No
• Enforced gun removal for domestic violence convictions?: No
• Enforced gun removal for those under a domestic violence restraining order?: No
• Firearm laws for domestic violence emergency calls: None

Hawaii

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• Firearm removal for “extreme risk” individuals: Yes, loss of firearm for a min. of 14 days and a max. of 1 year
• Enforced gun removal for those with a crime-related possession ban: No
• Enforced gun removal for domestic violence convictions?: No
• Enforced gun removal for those under a domestic violence restraining order?: No
• Firearm laws for domestic violence emergency calls: Law enforcement must remove at least some firearms

Illinois

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• Firearm removal for “extreme risk” individuals: Yes, loss of firearm for a min. of 14 days and a max. of 6 months
• Enforced gun removal for those with a crime-related possession ban: No
• Enforced gun removal for domestic violence convictions?: No
• Enforced gun removal for those under a domestic violence restraining order?: Yes
• Firearm laws for domestic violence emergency calls: Law enforcement must remove at least some firearms

Indiana

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• Firearm removal for “extreme risk” individuals: Yes, loss of firearm for a min. of 2 days and a max. of at least 180 days
• Enforced gun removal for those with a crime-related possession ban: No
• Enforced gun removal for domestic violence convictions?: No
• Enforced gun removal for those under a domestic violence restraining order?: No
• Firearm laws for domestic violence emergency calls: Law enforcement can remove at least some firearms

Louisiana

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• Firearm removal for “extreme risk” individuals: No
• Enforced gun removal for those with a crime-related possession ban: No
• Enforced gun removal for domestic violence convictions?: Yes
• Enforced gun removal for those under a domestic violence restraining order?: No
• Firearm laws for domestic violence emergency calls: None

Maryland

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• Firearm removal for “extreme risk” individuals: Yes, loss of firearm for a min. of 1 day and a max. of 1 year
• Enforced gun removal for those with a crime-related possession ban: No
• Enforced gun removal for domestic violence convictions?: No
• Enforced gun removal for those under a domestic violence restraining order?: No
• Firearm laws for domestic violence emergency calls: Law enforcement can remove at least some firearms

Massachusetts

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• Firearm removal for “extreme risk” individuals: Yes, loss of firearm for a min. of 10 days and a max. of 1 year
• Enforced gun removal for those with a crime-related possession ban: No
• Enforced gun removal for domestic violence convictions?: No
• Enforced gun removal for those under a domestic violence restraining order?: No
• Firearm laws for domestic violence emergency calls: None

Michigan

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• Firearm removal for “extreme risk” individuals: Yes (effective 2024), loss of firearm for a min. of 14 days, and a max. of 1 year
• Enforced gun removal for those with a crime-related possession ban: No
• Enforced gun removal for domestic violence convictions?: No
• Enforced gun removal for those under a domestic violence restraining order?: No
• Firearm laws for domestic violence emergency calls: None

Minnesota

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• Firearm removal for “extreme risk” individuals: Yes (effective 2024), loss of firearm for a min. of 14 days, and a max. of 1 year
• Enforced gun removal for those with a crime-related possession ban: No
• Enforced gun removal for domestic violence convictions?: Yes
• Enforced gun removal for those under a domestic violence restraining order?: Yes
• Firearm laws for domestic violence emergency calls: None

Montana

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• Firearm removal for “extreme risk” individuals: No
• Enforced gun removal for those with a crime-related possession ban: No
• Enforced gun removal for domestic violence convictions?: No
• Enforced gun removal for those under a domestic violence restraining order?: No
• Firearm laws for domestic violence emergency calls: Law enforcement must remove at least some firearms

Nebraska

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• Firearm removal for “extreme risk” individuals: No
• Enforced gun removal for those with a crime-related possession ban: No
• Enforced gun removal for domestic violence convictions?: No
• Enforced gun removal for those under a domestic violence restraining order?: No
• Firearm laws for domestic violence emergency calls: Law enforcement must remove at least some firearms

Nevada

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• Firearm removal for “extreme risk” individuals: Yes, loss of firearm for a min. of 7 days and a max. of 1 year
• Enforced gun removal for those with a crime-related possession ban: Yes
• Enforced gun removal for domestic violence convictions?: Yes
• Enforced gun removal for those under a domestic violence restraining order?: Yes
• Firearm laws for domestic violence emergency calls: None

New Hampshire

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• Firearm removal for “extreme risk” individuals: No
• Enforced gun removal for those with a crime-related possession ban: No
• Enforced gun removal for domestic violence convictions?: No
• Enforced gun removal for those under a domestic violence restraining order?: No
• Firearm laws for domestic violence emergency calls: Law enforcement must remove at least some firearms

New Jersey

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• Firearm removal for “extreme risk” individuals: Yes, loss of firearm for a min. of 10 days with an indefinite max.
• Enforced gun removal for those with a crime-related possession ban: No
• Enforced gun removal for domestic violence convictions?: Yes
• Enforced gun removal for those under a domestic violence restraining order?: No
• Firearm laws for domestic violence emergency calls: Law enforcement must remove at least some firearms

New Mexico

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• Firearm removal for “extreme risk” individuals: Yes, loss of firearm for a min. of 10 days and a max. of 1 year
• Enforced gun removal for those with a crime-related possession ban: No
• Enforced gun removal for domestic violence convictions?: No
• Enforced gun removal for those under a domestic violence restraining order?: No
• Firearm laws for domestic violence emergency calls: None

New York

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• Firearm removal for “extreme risk” individuals: Yes, loss of firearm for a min. of 6 days and a max. of 1 year
• Enforced gun removal for those with a crime-related possession ban: No
• Enforced gun removal for domestic violence convictions?: No
• Enforced gun removal for those under a domestic violence restraining order?: No
• Firearm laws for domestic violence emergency calls: None

Ohio

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• Firearm removal for “extreme risk” individuals: No
• Enforced gun removal for those with a crime-related possession ban: No
• Enforced gun removal for domestic violence convictions?: No
• Enforced gun removal for those under a domestic violence restraining order?: No
• Firearm laws for domestic violence emergency calls: Law enforcement must remove at least some firearms

Oklahoma

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• Firearm removal for “extreme risk” individuals: No
• Enforced gun removal for those with a crime-related possession ban: No
• Enforced gun removal for domestic violence convictions?: No
• Enforced gun removal for those under a domestic violence restraining order?: No
• Firearm laws for domestic violence emergency calls: Law enforcement must remove at least some firearms

Oregon

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• Firearm removal for “extreme risk” individuals: Yes, loss of firearm for a min. of 21 days and a max. of 1 year
• Enforced gun removal for those with a crime-related possession ban: No
• Enforced gun removal for domestic violence convictions?: Yes
• Enforced gun removal for those under a domestic violence restraining order?: Yes
• Firearm laws for domestic violence emergency calls: None

Pennsylvania

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• Firearm removal for “extreme risk” individuals: No
• Enforced gun removal for those with a crime-related possession ban: No
• Enforced gun removal for domestic violence convictions?: No
• Enforced gun removal for those under a domestic violence restraining order?: No
• Firearm laws for domestic violence emergency calls: Law enforcement must remove at least some firearms

Rhode Island

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• Firearm removal for “extreme risk” individuals: Yes, loss of firearm for a min. of 14 days and a max. of 1 year
• Enforced gun removal for those with a crime-related possession ban: No
• Enforced gun removal for domestic violence convictions?: Yes
• Enforced gun removal for those under a domestic violence restraining order?: Yes
• Firearm laws for domestic violence emergency calls: None

Tennessee

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• Firearm removal for “extreme risk” individuals: No
• Enforced gun removal for those with a crime-related possession ban: No
• Enforced gun removal for domestic violence convictions?: Yes
• Enforced gun removal for those under a domestic violence restraining order?: Yes
• Firearm laws for domestic violence emergency calls: Law enforcement must remove at least some firearms

Utah

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• Firearm removal for “extreme risk” individuals: No
• Enforced gun removal for those with a crime-related possession ban: No
• Enforced gun removal for domestic violence convictions?: No
• Enforced gun removal for those under a domestic violence restraining order?: No
• Firearm laws for domestic violence emergency calls: Law enforcement must remove at least some firearms

Vermont

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• Firearm removal for “extreme risk” individuals: Yes, loss of firearm for a min. of 14 days and a max. of 6 months
• Enforced gun removal for those with a crime-related possession ban: No
• Enforced gun removal for domestic violence convictions?: No
• Enforced gun removal for those under a domestic violence restraining order?: No
• Firearm laws for domestic violence emergency calls: Law enforcement can remove at least some firearms

Virginia

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• Firearm removal for “extreme risk” individuals: Yes, loss of firearm for a min. of 14 days and a max. of 6 months
• Enforced gun removal for those with a crime-related possession ban: No
• Enforced gun removal for domestic violence convictions?: No
• Enforced gun removal for those under a domestic violence restraining order?: Yes
• Firearm laws for domestic violence emergency calls: None

Washington

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• Firearm removal for “extreme risk” individuals: Yes, loss of firearm for a min. of 14 days and a max. of 1 year
• Enforced gun removal for those with a crime-related possession ban: No
• Enforced gun removal for domestic violence convictions?: No
• Enforced gun removal for those under a domestic violence restraining order?: Yes
• Firearm laws for domestic violence emergency calls: Law enforcement must remove at least some firearms

West Virginia

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• Firearm removal for “extreme risk” individuals: No
• Enforced gun removal for those with a crime-related possession ban: No
• Enforced gun removal for domestic violence convictions?: No
• Enforced gun removal for those under a domestic violence restraining order?: No
• Firearm laws for domestic violence emergency calls: Law enforcement must remove at least some firearms

Wisconsin

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• Firearm removal for “extreme risk” individuals: No
• Enforced gun removal for those with a crime-related possession ban: No
• Enforced gun removal for domestic violence convictions?: No
• Enforced gun removal for those under a domestic violence restraining order?: Yes
• Firearm laws for domestic violence emergency calls: None

Methodology

All data in this story was compiled by the Giffords Law Center, a gun violence prevention group. Each of the 34 states on this list has gone beyond the federal government in enacting laws to ensure certain individuals – either those who have committed specific crimes, or those who pose a direct threat to themselves or others – do not have access to firearms for a certain period of time, by either confiscating their firearms, or forcing the individual to relinquish their firearms. 

Only states that have extreme risk protection order laws, or laws that mandate law enforcement to confiscate guns at the scene of a domestic violence call, or laws that verify certain convicted criminals have given up their firearms, or laws that ensure those under a domestic violence-related restraining order do not have access to firearms are on this list.