Domestic Violence & Gun Laws in Colorado
The Second Amendment to the United States Constitution gives you the right to bear arms, but the state of Colorado can limit this right if you are found to have committed domestic violence – even if you are not ultimately criminally charged. If you have been served with a domestic violence protection order, it is important that you take steps to protect your rights. Anaya & Chadderdon, P.C. helps people accused of domestic violence charges in Colorado Springs.
Who Is Prohibited from Purchasing or Possessing Firearms Based on Domestic Violence?
Some people are disqualified from purchasing or possessing a firearm as a matter of law, such as those who are convicted of most types of felonies. As related to domestic violence, you can be prohibited from owning or possessing a gun if you are convicted of a crime punishable by more than one year in prison if it includes an act of domestic violence against a current or former intimate partner or under the following two circumstances:
Conviction of Misdemeanor Crime of Domestic Violence
Colorado incorporates federal laws that prohibit ownership or possession of a gun if a person is convicted of a “misdemeanor crime of domestic violence” (18, U.S.C. §922). This means that if you are convicted of a crime that includes domestic violence as an element of the crime, you can face the loss of your right to own or possess guns. Under Colorado law, the court must order you from possessing or purchasing a firearm or ammunition and to relinquish firearms under your control until your sentence is satisfied.
A domestic violence crime involves a defendant and alleged victim who are in an intimate relationship, which is defined as any of the following:
- Spouses
- Former spouses
- Past or present unmarried romantic partners
- Parents in common
Restraining Orders
People with a restraining order or order of protection against them can also be barred from owning, possessing, or purchasing firearms. However, not all people who are subject to these civil orders lose their right to bear arms. You can face limitations on your gun rights if the order of protection:
- Was properly served on you, and you had notice and an opportunity to be heard
- Restrains you from harassing, threatening, or stalking an intimate partner
- States the judge has found you are a threat to an intimate partner or prohibits you from using force against them
Under these rules, you lose your right to possess guns while the order is in effect.
If you are found to possess firearms while subject to these orders, you can face criminal penalties.
Contact Our Experienced Criminal Defense Lawyers for Assistance
If you are facing criminal charges or the loss of your 2nd amendment rights, you need a skilled criminal defense attorney. Anaya & Chadderdon, P.C. can review your case, identify possible defenses, attempt to secure a favorable plea bargain, and represent you through every phase of your case, including trial, if necessary. Contact us today for a confidential consultation.