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Losing your gun rights after a domestic violence charge

Gun rights are some of the most fundamental rights that our Constitution grants us. Thus, it’s a very serious matter when a court decides to strip someone of their right to own a firearm. Under certain circumstances, it’s possible to lose your right to own a firearm after a domestic violence conviction.

What the law says

First of all, the actions that the prosecution accuses you of must fit the very specific definition of domestic violence that Colorado law establishes. The prosecution must claim that you engaged in violence against someone with whom you have an intimate relationship – meaning a spouse, girlfriend, boyfriend, or similar relationship.

It’s important to note that not all domestic violence charges will result in the loss of your gun rights. Colorado law specifically states that someone can lose their gun rights if they used a deadly weapon or physical force against someone in their household.

In other words, merely having an argument isn’t enough, even if it gets heated. The prosecution would have to prove that you used physical violence before your gun rights will be in question.

The other way that you could lose your gun rights is if someone successfully obtains a restraining order (also known as a protective order) against you. In some circumstances, having a restraining order against you could be enough for the court to justify suspending your gun rights.

What are your options?

It’s important to note that you will not lose your rights for merely being charged with domestic violence. You have the opportunity to hire an attorney, prepare a defense, and have your side of the story heard in court. These consequences will only apply if the prosecution successfully convicts you.

It’s not easy dealing with the aftermath of a domestic violence charge – but don’t lose hope. With preparation, and the assistance of an attorney, you have the opportunity to present a defense to the charges, and if all goes well, you may be able to defeat them – or at least get them lowered – and retain your right to protect yourself with a firearm.