Many people are unaware in Colorado passed a law in 2013 restricting any individual convicted of domestic violence from owning firearms, even if the charge was a misdemeanor. Federal law prevents convicted felons from owning firearms, but a domestic violence conviction in Colorado on any level automatically prevents the abuser from purchasing or owning firearms. Further, all firearms must be surrendered by the abuser, even if a misdemeanor domestic violence conviction occurred prior to passage of the Colorado ban.
Once a person is charged with a domestic violence offense, an automatic protection order is enacted against them by the state. The purpose of the protection order is to prevent the accused from contacting his or her accuser in any manner. In Colorado, the issuance of a protection order against a person requires that the individual surrender their firearms, prior to the charges against them being adjudicated. This is a mandatory requirement, no matter as to the circumstances of the event. Accused persons with an active protection order against them will be charged criminally if they are found to be in possession of firearms or ammunition, even if the protection order is civil in nature. If you are charged under these statutes, contact a leading Colorado Springs Domestic Violence Attorney without delay to discuss your legal strategy.
Colorado Domestic Violence Law vs. Federal Law
Crimes against property are considered as domestic violence if it is shown that the accused acted out of revenge, or attempted to control, coerce, or intimidate the accuser. This also applies to certain forms of harassment. Federal law does not recognize property crimes or harassment as domestic violence. Domestic violence is not a standalone charge in Colorado, but one that is added to another criminal charge as an enhancement.
Colorado law defines a domestic violence misdemeanor as a crime of physical force or violence, committed against a current or former spouse, a parent or guardian, any person residing with the accused as a spouse, parent or guardian, or any person with which the accused shares a child.