Domestic Violence and Firearm Rights in Weld County

While the U.S. Constitution gives you the right to bear arms, the State of Colorado has passed legislation which take that right away. If you have plead guilty to or been convicted of a Domestic Violence offense in Weld, Morgan or Logan County, you will lose your right to carry a firearm or even go hunting. Actually, you don’t even have to be convicted in order for these rights to be impacted. Just a simple Domestic Violence accusation can put your Second Amendment rights at risk.

DV Charge = No Firearms

Unfortunately, you are not considered innocent until proven guilty when it comes to Domestic Violence in Greeley, Windsor, or Evans. The moment an accusation is made, a mandatory protection order is issued to protect the ‘victim’ from the accused. Under Colorado law – C.R.S. 18-1-1001 – you are not allowed to possess a firearm if you are under a protection / restraining order.

This mandatory protection order will terminate at the end of your case. If your charges are dismissed, the protection order expires immediately. If you get a jail or probation sentence, the protection order will expire when the sentence has been completed, sometimes years later.

We have seen some Domestic Violence cases get ugly and the ‘victim’ applies for a civil restraining order. These are separate from the mandatory protection orders and can be made permanent. If a restraining order is issued, you are never allowed to possess a gun as long as the restraining order is in effect.

Will I Lose My Firearms Rights Forever?

If you have an official Domestic Violence offense on your criminal record (through a conviction or a guilty plea) you will be expected to give up any firearms you own to an approved organization or person and provide proof of the transfer to the court within 24 hours.

If you are on a deferred judgment, while you are completing your sentence, you will not be able to carry a firearm. Once you successfully complete your deferred judgment, you may be able to get your firearm rights back, with a lawyer’s help. We at the O’Malley Law Office believe in the importance of your Second Amendment rights and will fight hard to keep the government from taking away this important constitutional right.