How Will My Domestic Violence Case Effect My Gun Rights?  What if I'm Accused of a Felony?  Once you are convicted of certain types of crimes in Colorado, your gun rights are gone.  Once gone, they are nearly impossible to get back.

June 24, 2019

Typically, there are two different kinds of criminal convictions that can effect a person's gun rights: domestic violence convictions and felony convictions.  There are many other factors at play that can effect a person's gun rights as well.  These are all addressed in turn below.

If a person is convicted of a domestic violence charge, both state and federal law can effect the right to possess a firearm.  It is also a violation of federal law to possess a firearm if a person has been convicted of certain crimes. 
 
Federal law, specifically, 18 U.S.C. 922(g), outlaws possession of a gun if a person:

• Was convicted of a crime punishable by imprisonment greater than one year (includes all felonies and some misdemeanors in Colorado);
• Was convicted of a misdemeanor crime of domestic violence (may not include all Colorado misdemeanor domestic violence charges since the Colorado definition of “domestic violence” is very broad)
• Is a fugitive of Justice
• Is an addict or unlawful user of controlled substances;
• Was adjudicated as a mental defective or have been committed to a mental institution;
• Is in the United States as a nonimmigrant visa;
• Was dishonorably discharged from the military;
• Renounced their citizenship;
• Is the subject of a court protection order.

Colorado law outlaws possession of a gun if a person:

• Has been previously violated of a felony;
• Was previously adjudicated as a juvenile for an offense that would have been a felony if committed by an adult;
• Is on probation or subject to a specific court order restricting possession.

What’s more, is that in 2013 the Colorado General Assembly passed a law prohibiting the sale of guns to people convicted of domestic violence.  This same law made it illegal for people to own a gun at all, even if the gun was legally purchased prior to the conviction.

All that said, the Colorado Constitution grants the right to possess a firearm “in defense of his home, person and property.”  Colo. Const. art II, Sec. 13.  So even if a person is in possessing a gun in one of the outlawed scenarios above, if it was done to defend “home, person, and property,” it is lawful conduct since the Colorado Constitution trumps the criminal code law created by the Colorado General Assembly.

Gun laws in Colorado are incredibly complex and constantly debated and changed in the Colorado legislature.  The Weld County Sheriff, Steve Reams recently refused to enforce a gun law that he considers unconstitutional.   The Greeley Tribune also ran an article on certain changes that may or may not be made to Colorado’s gun laws. 

There is no shortage of opinions on this topic and the law is ever changing.  Regardless of whether you are in Greeley, Firestone, Frederick, Mead, or anywhere else along the front range, if is something that is important to you, you need an experienced criminal defense attorney to assist with your case.  Once lost, gun rights in Colorado are nearly impossible to get back.  Mr. Merson has handled thousands of cases and conducted thousands of hearings.  He has also conducted over 100 jury trials.  We understand the importance of your right to own a firearm and will help you navigate the criminal justice system in a way that preserves this right. 

​​​You Will Need An Experienced Criminal Defense Attorney.

If you have been accused of a crime and your gun rights are in jeopardy, you will want an experienced lawyer.  Choosing an experienced lawyer is the best decision you can make early on in your case.  Mr. Merson provides representation to people accused of charges that jeopardize gun rights in Longmont, Berthoud, Erie, Firestone, Frederick, Lyons, Mead, Niwot, or Dacono.  To schedule a free consultation, call The Merson Law Office at 970-219-2923 or 303-776-3511.  Or fill out an intake form here.  ​​