Firearms and Domestic Violence

Firearms and Domestic Violence, C.R.S. 18-6-801

Both Colorado and federal laws impact firearm possession and your right to go hunting if you have a domestic violence conviction. Additionally, if you have simply been accused of domestic violence in Denver County, Jefferson County, Arapahoe County, Douglas County or Adams County, your firearm rights may be in jeopardy. You need a pro-gun attorney to defend your Second Amendment gun rights.

Domestic Violence-Related Restraining Orders and Firearms

Under Colorado law, you cannot possess a firearm if you are under a protection/restraining order. C.R.S. 18-1-1001 restraining/protection orders are issued by the criminal court in every domestic violence case. These expire once your case is completely over — after probation or a dismissal. Beyond these criminal orders, many alleged victims obtain civil protection orders under C.R.S. 13-14-102, at the direction of government victim advocates. Our issue with these orders is that they are permanent and don't expire when you are found not guilty at trial in your criminal case in Lakewood, Littleton or Denver. Even with this in mind, many civil judges use the allegations in a criminal case to make it more likely they will grant the civil restraining order. Colorado judges have a tendency to grant civil restraining orders even if the statute's requirements are not fully met, out of fear that if they don't grant the order, and something happens to the order applicant, the judge will be blamed.

Federal Law and Domestic Violence

Federal law provides an important "domestic violence" definition that impacts firearm possession in Colorado or any other state. This definition involves any felony conviction or any act of physical violence between persons who have been intimate. Finally, this definition involves standards of what constitutes a "conviction." Multiple federal cases have wrestled with what a conviction is, due to differences from state to state and creative sentence agreements involving Colorado deferred prosecutions and deferred judgment and sentences. This is a complex area and you need an experienced, pro-gun attorney at your side if you have been charged. There are ways to structure a plea, if a plea is absolutely necessary, to protect your gun/firearm rights.

Evidence of Prior Acts of Domestic Violence

Liberal anti-gun advocates have made it easier in Colorado to convict someone for domestic violence under C.R.S. 18-6-801.5. This statute allows the government great latitude to bring in others who have accused you in the past of domestic violence. This way, the government can convict you based on allegations from the past and not just on the current allegations, if it has a weak case. Juries are impacted by prior accusations against you. It is NOT necessary that you were previously convicted of an act of domestic violence. The government simply needs to find someone who will accuse you of a prior act, and that will likely be admissible against you. You must have an experienced domestic violence attorney fighting for you.

If you value your firearms rights like we do, be smart when contacted by the police, exercise your right to remain silent and call us immediately at 303-731-0719. Together, we can protect your future.

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