Have you ever wondered what criminal conduct qualifies a person for Possession of a Weapon by a Previous Offender (C.R.S. 18-12-108) charges in Denver, Arapahoe, and Douglas County? The easiest answer is: when a person is convicted of any felony, or, a misdemeanor involving both physical violence and an underlying factual basis of domestic violence (C.R.S. 18-6-800.3). These persons are not allowed to possess firearms.
Felony Convictions and Firearms
A person could have a conviction of Theft (C.R.S. 18-4-401), Second Degree Assault (18-3-203), or even False Imprisonment (C.R.S. 18-3-303) and would no longer be permitted to possess firearms in the state of Colorado. In fact, any felony conviction, in any state or federal jurisdiction, would qualify under Colorado’s law prohibiting gun ownership and use. For purposes of Colorado law, it does not matter if you live in Adams, Jefferson, or Boulder County, if you are convicted of any felony and you possess a gun, you could face charges of Possession of a Weapon by a Previous Offender.
Misdemeanor Domestic Violence Convictions and Weapon Possession
In order for a person to lose their right to bear arms in Colorado for a misdemeanor conviction, that conviction must have two specific parts. First, the conviction must have an underlying factual basis of domestic violence in Larimer, El Paso, and Weld County. Second, the conviction must be based upon a violent act. Now, as illogical as it may sound, not every domestic violence conviction is considered a violent crime. Crimes like assault and harassment (C.R.S. 18-9-111 (1)(a)) are obviously violent and would qualify under the statute. If the crime is non-violent, then the person should still be able to own a firearm. If you have been denied the ability to purchase a firearm, contact our Denver area criminal defense attorneys to discuss any remedies you may have.
Restoring Rights in Colorado regarding Gun Ownership
I often get the question of whether a person who has a 10, 15, or even 20 year old felony conviction can have their gun rights restored. The plain answer is that Colorado law does not allow for the restoration of gun rights. Other states may provide for a restoration of rights, but our great state does not.