As a gun / firearm rights law firm, we consistently are asked about who can own and possess firearms in the Denver metro area. The answer lies in the details of the individual’s situation and how he or she is affected by the law.
Federal Gun Laws:
Federal law (18 U.S.C. §§ 921 and 922) mandates that anyone convicted of a felony or of a violent misdemeanor with an underlying factual basis being domestic violence is unable to purchase a gun / firearm. Typically, the Federal law supposes that anyone facing more than one year in the Department of Corrections for that state or for the Federal government is disqualified under the felony guidelines. However, in Denver, Arapahoe, and Douglas County, there are laws like third Degree Assault (C.R.S. 18-3-204), Theft (C.R.S. 18-4-401) and Trespass (C.R.S. 18-4-503) which can be punished by a sentence in jail for over one year. The Federal law does not classify those crimes as felonies, so if you are convicted of any Colorado misdemeanor without Domestic Violence, you should be able to still possess a firearm.
Colorado State Gun Laws:
In Adams, Jefferson, and Weld County, another law which affects whether you are able to possess a firearm is Possession of a Weapon by a Previous Offender (C.R.S. 18-12-108). Under this law, the police in Denver, Colorado Springs and Aurora can arrest you if you have a Felony conviction, Domestic Violence Misdemeanor conviction, or another restriction and are in possession of a firearm / weapon. Some of the other restrictions include having a Permanent or Temporary Civil Restraining Order (C.R.S. 13-14-102) or having been committed because of mental health issues.
In courts throughout Colorado, probation sentences are an additional way that someone can be prohibited from possessing a gun or firearm. When convicted of Harassment (C.R.S. 18-9-111) in Larimer, Clear Creek, or El Paso County, the person may receive a sentence to probation. One of the typical probation restrictions is that the person is not allowed to possess firearms. This can cause great headaches when the person is military, law enforcement, or a competitive shooter.
There are many detailed aspects to whether someone can possess or use a firearm when charged with or convicted of a crime. When facing questions about firearm possession and criminal actions, it is always best to speak with an attorney who knows how to fight for your gun rights. So, if you or a loved one has been charged with or convicted of a crime and your gun rights are in jeopardy, be smart and contact us at 303-731-0719. Together, we can protect your future.