The state of Colorado has adopted federal laws that disquality individuals from the purchase and possession of firearms if they are convicted of many domestic violence misdemeanor offenses. What this means for your right to possess firearms while charges are proceeding, and how any previously owned firearms must be treated if an alleged perpetrator is found guilty, can be confusing. To protect your rights and to determine the best possible outcome in your situation, connect with a Colorado Springs domestic violence attorney from the Law Offices of Steven T. Rodemer, LLC.
Colorado is a Mandatory Arrest State and Results in a Protective Order
It is important to understand that under Colorado Law Colo. Rev. Stat. Sec. 18-6-803.6(1), when an officer has probable cause to believe that domestic violence has occurred, they are mandated to arrest the individual. Following arrest, it is required that the individual be charged, and even the recanting of charges or the alleged victim's disinterest in filing charges cannot stop them from proceeding.
If you have had domestic violence charges against you, while they are proceeding you will also be subject to a protective order. Will a protective order limit your right to possess firearms in Colorado? The answer is: it depends.
Firearm Protection and Domestic Violence Protection Orders in Colorado
Under Colorado law, only some individuals who are subject to domestic violence protections orders are prohibited from accessing firearms while the protection order is in place. If the court issues a civil protection order, and determines on the records that the order includes an act of domestic violence that includes the use, threatened use, or attempted use of physical force, then the court is obligated under the law to order the respondent to refrain from the possession or purchase of a firearm.
Any firearms possessed by the respondent must be relinquished, in addition to any ammunition, for the full duration of the protection order. This includes any firearms and ammunition in the immediate possession or control of the respondent, the party charged with domestic violence in relation to another crime. In other situations persons may be prohibited from the purchase or possession of firearms when they are subject to temporary or permanent civil protection orders, which can include protection against domestic abuse.
Possession in Violation of a Court Order is a Punishable Offense
It is important to abide by firearm possession rules during a protective order as violations are punishable. This makes it important to follow court guidelines and orders related to the relinquishment of firearms, which can include their transfer or sale to a federal licensed gun dealer, to law enforcement or a contracted agency for storage, or to a private party that does not reside with the respondent.
Discuss Options to Protect Your Firearms Rights with a Local Colorado Springs Domestic Violence Lawyer
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