Understanding the Link Between Domestic Violence and Gun Rights
In Colorado, domestic violence cases can have lasting effects beyond fines, probation, or jail. One of the biggest impacts can be losing the right to own or possess a firearm. This can happen after certain convictions or when a restraining order is issued. State and federal laws work together to create these restrictions, and they do not always apply in the same way. Knowing when and how these laws take effect can help you understand what you might be facing.
When a Domestic Violence Conviction Leads to a Firearm Ban
A conviction for a misdemeanor crime of domestic violence can trigger a federal ban on owning or possessing firearms. This includes offenses involving physical force or the use of a deadly weapon against an intimate partner. An intimate partner can be a spouse, former spouse, current or former dating partner, or someone who shares a child with you. The federal ban can be permanent, even if the sentence is short or the offense seems minor, like pushing someone during an argument.
Colorado’s definition of domestic violence is broader than the federal one. This means some state convictions, like damaging property in anger during a domestic dispute, may not trigger the federal ban. However, state law can still order you to give up your firearms as part of sentencing.
The Role of the Bipartisan Safer Communities Act
In 2022, the Bipartisan Safer Communities Act closed what was called the “dating partner loophole.” Before this change, some domestic violence convictions involving dating partners who were not married or living together did not trigger federal firearm bans. Now, those convictions are included, and Colorado enforces this expanded coverage.
How Restraining Orders Can Affect Gun Ownership
A restraining order, also called a civil protection order in Colorado, can also lead to losing firearm rights. If a judge issues the order after a hearing where you had notice and a chance to be heard, and it includes restrictions for harassment, stalking, or threats, you can be banned from possessing firearms. The judge must also find that you are a threat to the safety of an intimate partner or their child. This restriction lasts for the duration of the order.
Temporary or ex parte orders, which are issued before a full hearing, can still require you to give up your guns until the court reviews the case in full.
Relinquishment Procedures and Deadlines
When a court orders you to give up firearms or ammunition, strict deadlines apply. You may have only 24 to 48 hours to surrender them after being served with a restraining order or after sentencing in a domestic violence case. You must file an affidavit within seven business days listing the firearms you own or stating you do not have any. The law allows you to transfer firearms to a licensed gun dealer, local law enforcement, or a private person who does not live with you. The court will schedule a compliance hearing 8 to 12 business days later to confirm you followed the order. If you do not, the judge can issue a search warrant to recover the firearms.
Before you can get your firearms back, you must pass a background check showing you are legally allowed to have them again.
Examples of Cases That May or May Not Trigger a Ban
Not all domestic violence charges automatically result in a firearm ban. For example:
- Shoving a partner or threatening them with a weapon will trigger the federal ban.
- Destroying property in anger may not trigger the federal ban, but the state court can still order firearm relinquishment.
- Using only verbal insults without threats or force will not meet the definition for a ban.
Because Colorado’s domestic violence definition covers more behaviors than the federal one, it’s possible to face firearm restrictions under state law even when federal law would not apply.
Deferred Judgments and Sentences
A deferred judgment and sentence (DJ&S) is an agreement where you plead guilty, follow certain conditions, and have the case dismissed if you meet all requirements. Whether a DJ&S counts as a conviction under federal law for firearm bans is not entirely clear. In many cases, federal law treats it as if no conviction occurred once it is dismissed, but the terms of the agreement itself may still require you to give up your firearms temporarily.
Why Legal Guidance Matters
Gun rights can be lost quickly in domestic violence cases, and the rules for getting them back are strict. Understanding both state and federal laws is important because the definitions, restrictions, and timelines can be different. In some cases, it may be possible to challenge a restraining order, negotiate a plea that avoids a firearm ban, or show that a federal restriction does not apply.
Conclusion
A restraining order in Colorado can take away your right to own or possess a firearm, sometimes temporarily and sometimes for life. This can happen after certain domestic violence convictions or simply because a judge finds you are a threat to someone’s safety. The deadlines to give up firearms are short, and the process is detailed. If you are facing a restraining order or domestic violence charge, getting help early can make a difference in protecting your rights and understanding your options. For questions or support, call (720) 340-1373 today for a free consultation.