The Second Amendment gives you the right to bear arms, however our federal and state government have implemented law, which can impact your right to carry a firearm or go hunting if you have a domestic violence conviction. In fact, just an accusation of a domestic violence offense can put your firearm rights in jeopardy in Larimer, Boulder and Grand County.
Fort Collins Domestic Violence Lawyer: Mandatory Protection Orders and Firearm Rights
When a police report is filed in Fort Collins for a domestic violence offense, the accused is automatically arrested and a mandatory protection order is issued. This is common practice in all Colorado domestic violence cases. When you are under a protection / restraining order, Colorado law – C.R.S. 18-1-1001 – dictates you are no longer allowed to possess a firearm.
These protection orders expire when your case is completely over – at the end of the your probation sentence or after a dismissal. Sometimes, however, a victim will attempt to get a civil restraining order against the defendant. These restraining orders can be made permanent and will not expire when your case is closed. This means you may permanently be banned from possessing a firearm in Longmont, Loveland, or Estes Park.
Larimer County Domestic Violence Attorney: Can I Ever Carry a Firearm Again If I Am Convicted of Domestic Violence in Larimer County?
If you are convicted of or plead to a domestic violence offense, you will be required to surrender any firearms you own. Within 24 hours of a domestic violence bond release or conviction, you must provide the court with proof you have surrendered your firearms and ammunition in an appropriate and approved manner.
Even with a deferred judgment, you are no longer allowed to bear arms under Colorado law and you will not pass a background check to purchase a firearm or get a permit to carry one in the future. Once your deferred judgment is successfully completed, you may get your firearm rights back. At the O’Malley Law Office, we believe in one’s right to possess a firearm and we want to protect your basic second amendment right. You need a pro-gun attorney who understands what is at stake in your case.