Can Trump or Kamala Keep Your Guns Safe in These States?

During the recent presidential debate between Vice President Kamala Harris and Former President Donald Trump, Harris argued that she — and the Democratic party — do not want to confiscate guns from law-abiding gun owners. To support her point, Harris stated that she herself is a gun owner. People were surprised to learn that Kamala Harris has owned a gun for nearly five years, citing the need for personal protection. Despite this, Harris also believes in stronger gun control measures, such as red-flag laws and universal backgroundchecks. (Here’s the gun law grade for every state.)

But what states have the most strict gun control policies and laws, and will the incoming president really be able to influence them?

24/7 Wall St. reviewed data compiled by the Giffords Law Center, a gun violence prevention group, and identified which 34 states the government has the right to take a citizen’s gun. The states on this list have 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. 

Why We’re We’re Covering Gun Laws

The American gun industry is big business. According to the Firearm Industry Trade Association, the industry was responsible for over $90 billion in total economic activity in 2023. Furthermore, it brings in substantial tax revenue to the country. Employees in the gun industry paid over $10.90 billion in 2023.

Here are states where the government can take your gun:

California

• Firearm Removal Time: 21 days (minimum) to five years (maximum)
• Who Faces Gun Removal Laws: People with domestic violence convictions, a crime-related possession ban, or who are under a domestic violence restraining order
• Additional Facts: Law enforcement must remove some firearms during domestic violence emergency calls.

Colorado

Connecticut

• Firearm Removal Time: 21 days (minimum) to whenever the person is no longer considered a risk (maximum)
• Who Faces Gun Removal Laws: Those with crime-related possession bans and/or domestic violence convictions
• Additional Facts: Law enforcement can remove some guns when responding to domestic violence emergency calls.

Delaware

• Firearm Removal Time: 15 days (minimum) to one year (maximum)
• Who Faces Gun Removal Laws: Anyone who appears to be a threat to themselves or others
• Additional Facts: There aren’t any laws for removing guns in domestic violence situations.

Florida

• Firearm Removal Time: 14 days (minimum) to one year (maximum)
• Who Faces Gun Removal Laws: Anyone who seems to be a threat to themselves or others
• Additional Facts: There are no laws for gun removal in domestic violence situations.

Hawaii

• Firearm Removal Time: 14 days (minimum) to one year (maximum)
• Who Faces Gun Removal Laws: People who appear to be a potential threat to themselves or others
• Additional Facts: Gun removal isn’t mandated for people with domestic violence convictions. But if law enforcement responds to an emergency call for domestic violence, they can remove guns at that time.

Illinois

• Firearm Removal Time: 14 days (minimum) to six months (maximum)
• Who Faces Gun Removal Laws: Individuals who have a domestic violence restraining order against them
• Additional Facts: Law enforcement can take guns away when responding to domestic violence calls.

Indiana

• Firearm Removal Time: 2 days (minimum) to 180 days (maximum)
• Who Faces Gun Removal Laws: Those at risk of hurting themselves or other people
• Additional Facts: If handling a domestic violence situation, the police can remove some weapons.

Louisiana

• Who Faces Gun Removal Laws: People with domestic violence convictions
• Additional Facts: There are no actual laws for “extreme risk” individuals.

Maryland

• Firearm Removal Time: 1 day (minimum) to one year (maximum)
• Who Faces Gun Removal Laws: People at risk of self- or external harm
• Additional Facts: Gun removal isn’t enforced for domestic violence convictions, but the police can remove guns from a residence during emergency DV calls.

Massachusetts

• Firearm Removal Time: 10 days (minimum) to one year (maximum)
• Who Faces Gun Removal Laws: Anyone who appears to be a threat to themselves or others
• Additional Facts: Massachusetts doesn’t enforce gun removal for anyone convicted of domestic violence.

Michigan

• Firearm Removal Time: 14 days (minimum) to one year (maximum)
• Who Faces Gun Removal Laws: People who may be a threat to themselves or others
• Additional Facts: No laws exist for removing guns from people convicted of domestic violence.

Minnesota

• Firearm Removal Time: 14 days (minimum) to one year (maximum)
• Who Faces Gun Removal Laws: People convicted of domestic violence or who are facing DV-related restraining orders

Montana

• Firearm Removal Time: N/A
• Who Faces Gun Removal Laws: N/A
• Additional Facts: If called about a domestic violence emergency, law enforcement must remove weapons during that time.

Nebraska

• Firearm Removal Time: N/A
• Who Faces Gun Removal Laws: N/A
• Additional Facts: Similarly to Montana, if called about a domestic violence emergency, law enforcement must remove weapons during that time.

Nevada

• Firearm Removal Time: 7 days (minimum) to one year (maximum)
• Who Faces Gun Removal Laws: Crime-related possession bans, people with domestic violence restraining orders, people convicted of domestic violence

New Hampshire

• Firearm Removal Time: N/A
• Who Faces Gun Removal Laws: N/A
• Additional Facts: After receiving an emergency call for domestic violence, law enforcement must remove guns from the home.

New Jersey

• Firearm Removal Time: 10 days (minimum) to an indefinite period of time (maximum)
• Who Faces Gun Removal Laws: Those with domestic violence convictions
• Additional Facts: Guns are removed during emergency DV calls.

New Mexico

• Firearm Removal Time: 10 days (minimum) to one year (maximum)
• Who Faces Gun Removal Laws: People at risk of harming themselves or those around them
• Additional Facts: There are no specific gun removal policies related to domestic violence.

New York

• Firearm Removal Time: 6 days (minimum) to one year (maximum)
• Who Faces Gun Removal Laws: People thought to possibly cause harm to themselves or others
• Additional Facts: Guns are not removed from people convicted of domestic violence.

Ohio

• Firearm Removal Time: N/A
• Who Faces Gun Removal Laws: N/A
• Additional Facts: Guns are at least partially removed during emergency DV calls.

Oklahoma

• Firearm Removal Time: N/A
• Who Faces Gun Removal Laws: N/A
• Additional Facts: Law enforcement is mandated to partake in some gun removal in domestic violence situations.

Oregon

• Firearm Removal Time: 21 days (minimum) to one year (maximum)
• Who Faces Gun Removal Laws: Those with domestic violence convictions or who are under a domestic violence restraining order

Pennsylvania

• Firearm Removal Time: N/A
• Who Faces Gun Removal Laws: Those considered to be a risk to themselves or their community
• Additional Facts: Guns are sometimes removed when law enforcement responds to domestic violence.

Rhode Island

• Firearm Removal Time: 14 days (minimum) to one year (maximum)
• Who Faces Gun Removal Laws: People charged with and convicted of domestic violence, and those with related restraining orders

Tennessee

• Firearm Removal Time: N/A
• Who Faces Gun Removal Laws: Domestic violence perpetrators and those with related restraining orders
• Additional Facts: Law enforcement will remove some weapons when responding to domestic violence cases.

Utah

• Firearm Removal Time: N/A
• Who Faces Gun Removal Laws: Those believed to be a risk or threat to themselves or others
• Additional Facts: Police must remove some weapons from residences who make an emergency call about domestic violence.

Vermont

• Firearm Removal Time: 14 days (minimum) to six months (maximum)
• Who Faces Gun Removal Laws: Potential threats to themselves or others
• Additional Facts: Law enforcement can choose to remove weapons from a home during a domestic violence call.

Virginia

• Firearm Removal Time: 14 days (minimum) to six months (maximum)
• Who Faces Gun Removal Laws: Those with a domestic violence restraining order

Washington

• Firearm Removal Time: 14 days (minimum) to one year (maximum)
• Who Faces Gun Removal Laws: Anybody with a domestic violence restraining order levied against them
• Additional Facts: Police will remove firearms from the residence during domestic violence emergency calls.

West Virginia

• Firearm Removal Time: N/A
• Who Faces Gun Removal Laws: N/A
• Additional Facts: Guns are removed during domestic violence calls.

Wisconsin

• Firearm Removal Time: N/A
• Who Faces Gun Removal Laws: People under domestic violence restraining orders

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