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State Efforts to Enforce Firearm Dispossession Through Relinquishment Laws.
Stephen N Oliphant1, April M Zeoli1,2
1Institute for Firearm Injury Prevention, University of Michigan, Ann Arbor, MI.
Criminology & Public Policy
|May 19, 2025
Summary
Federal law bans firearm possession for certain individuals, but lacks enforcement. Many states have adopted relinquishment laws, yet gaps remain in ensuring firearm dispossession for those with domestic violence protective orders (DVPOs) or disqualifying convictions.
Area of Science:
- Public Health
- Criminology
- Law
Background:
- Federal law prohibits firearm possession for individuals with disqualifying offenses or subject to domestic violence protective orders (DVPOs).
- Existing federal law lacks a mechanism for enforcing firearm dispossession among prohibited individuals.
- Some states have enacted firearm relinquishment laws to enforce these restrictions.
Purpose of the Study:
- To assess the statutory characteristics of firearm relinquishment laws.
- To identify policy gaps in DVPO and conviction-based firearm relinquishment statutes.
- To analyze legislative changes in firearm relinquishment laws over time.
Main Methods:
- Analysis of state-level firearm relinquishment statutes.
- Examination of legislative changes and policy elements over time.
- Comparative assessment of statutes related to DVPOs and convictions.
Main Results:
- Many states lack essential statutory elements for effective firearm dispossession.
- Key missing elements include court-ordered relinquishment, proof of transfer, and law enforcement recovery provisions.
- Absence of these provisions may enable prohibited individuals to retain firearms unlawfully.
Conclusions:
- States should consider adopting comprehensive relinquishment provisions.
- Clear requirements for judges, prohibited possessors, and law enforcement are needed.
- Effective policies are crucial to ensure firearm dispossession following disqualifying events.
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