When a person is arrested for a misdemeanor or felony crime as an act of Domestic Violence in Fort Collins, one of the issues a Larimer County judge will discuss at the bond hearing is firearm relinquishment. You will be ordered to relinquish your firearms and provide proof of the relinquishment by filing the appropriate forms with the court within a certain timeframe after your release. Not following through with this order will get your bond revoked and you will likely end up back in custody.
Court Order for Firearm Relinquishment and Gun Transfers in a Larimer County Domestic Violence Case
If you have been charged with a crime, and the Domestic Violence (C.R.S. 18-6-801) sentence enhancer is added, then you WILL be required to transfer any and all firearms you own. There are no exceptions to this law. It does not matter if the allegation is violent in nature. It does not matter if guns or firearms played no part in the offense. You could be facing a Criminal Mischief Domestic Violence offense for ‘stealing’ your partner’s keys during an argument and leaving the house and you would be required to transfer your firearms.
Domestic Violence Crimes That Require Firearm Relinquishment: Which Colorado DV Crimes Require Me to Give Away My Guns?
Whether you are charged with petty offense, misdemeanor, or felony doesn’t matter when it comes to Domestic Violence related crimes. It doesn’t matter the charge level of the underlying offense. If it has the DV sentence enhancer, then firearm relinquishment is required. ALL Domestic Violence cases are subject to this restriction.
Will I Get My Firearms Back After My Weld County DV Case is Closed?
While it’s difficult to make ‘all or nothing’ statements when it comes to the law, usually if a person has a permanent conviction for an offense involving Domestic Violence, they are not eligible to have their gun rights back. If you have a temporary conviction, like a deferred sentence, and successfully complete the sentence resulting in the case being dismissed, there may be an avenue to being able to legally possess a firearm.
Family Member Transfers and Gun Relinquishment in Firestone Domestic Violence Charges
There is a provision of the law that allows a family member, like a parent, child over 21, siblings, or spouse, to receive your firearms when you are charged with a Domestic Violence related crime. The law does not require a family member to get a background check from an FFL before a transfer. However, some judges are requiring it, despite what the LAW says.