omestic Violence Charges and Gun Rights in Colorado
images-2The Gun Control Act prohibits individuals who have been charged with domestic violence offenses from possessing a gun. This ban on firearm stems from the belief that a person who threatens a loved one with violence poses an unacceptable risk and allowing them to have firearms enhances the risk of incidents where deadly violence is exhibited. However, this also means that even those who possess a gun for recreational purposes may face the ban if they are charged with domestic violence misdemeanor charges.

Federal firearm possession laws apply in domestic violence cases

While state laws in Colorado do not explicitly prohibit the possession of firearms by a person convicted of domestic violence misdemeanors, federal law does apply in such cases as well and this complicates the situation. If you have been booked for domestic violence and taken into custody for the same, the Department of Corrections issues a written statement to you mentioning that using or possessing a firearm is disallowed by law. In fact, the court may issue an order prohibiting you from possessing a gun even if you have only been charged in the case but not yet convicted of the charges.

Deferred sentences and gun possession

Gun possession ban applies even when you opt for a deferred judgment and sentence (DJ&S) in a domestic violence case. In such situations, you, the defendant, agree to make a guilty plea in order to have the case dismissed provided you fulfill the requirements of the sentence agreed by you. Typically, you will be required to take Domestic Violence Treatment classes and clock in the required number of community service hours as part of your sentence. If you have no further charges or legal incidents within a specified period, the case against you is dismissed. During this period, federal law and state law are both rather unclear about your right to possess a firearm although it is generally assumed that this right is suspended.

These grey areas further complicate the law about gun possession and may expose you to further legal liability. To learn more about your rights and how you can remain within the purview of law, call Kris Miller Law Firm today.