As already mentioned in previous blog posts, being charged with an offense related to domestic violence carries life-altering consequences from the point of arrest. One of those areas is the accused person’s ability to possess firearms.
There are about 7.7 million firearms in the State of Colorado, which translates into 1.2 guns per resident.[i] About 45% of households across Colorado own at least one firearm.[ii]
When an individual is arrested for a domestic violence related crime, the defendant will be served very early in the case with a mandatory protection order.[iii] As part of that mandatory protection order, the court will direct that the accused person not possess or purchase any firearms or ammunition for the duration of the order, and shall further relinquish any firearms or ammunition in his or her immediate possession or control.[iv] Unless directed otherwise by the court, this relinquishment must be completed within twenty-four (24) hours after service of the mandatory protection order.[v]
A domestic violence defendant’s surrender of his or her firearms must also be completed in a very specific manner under state law. The guns can be sold or transferred to a federally licensed firearms dealer, stored with a law enforcement agency or a storage facility that contracts with a law enforcement agency for the storage of firearms and ammunition, or can be sold or transferred to a private party so long as the sale or transfer complies with all applicable State of Colorado laws (including a background check of the receiving party).[vi] Once the sale or transfer is completed, the court will hold a compliance hearing, and the accused person will have to complete an affidavit showing that all firearms and ammunition have been surrendered.[vii]
Please recognize that the prohibitions outlined above apply when the defendant is only accused of a domestic violence crime – no conviction has yet been obtained by the prosecution. If a person is convicted of a domestic violence related crime – such as third degree assault – the ban on owning and possessing firearms becomes permanent under both state and federal law.[viii]
It is easy to see where this can be a huge impediment for certain people. A police officer or security specialist who relies upon being armed will be barred from working in his or her chosen career field.
Contact Mile High Legal if you are facing a domestic violence related crime and are concerned about losing your Second Amendment rights whether for personal or professional reasons. We have the necessary experience to handle your case and put the best efforts forward to avoid life altering consequences. We also can help you with post-conviction procedures to try and reinstate your civil rights if you have fully served your sentence.
[i] Ammo.com Gun Ownership Statistics Colorado 2025
[ii] Id.
[iii] § 18-1-1001(1)(a), C.R.S.
[iv] § 18-1-1001(9)(a)(I), C.R.S.
[v] § 18-1-1001(9)(b), C.R.S.
[vi] § 18-1-1001(9)(d), C.R.S.
[vii] §§ 18-1-1001(9)(e)(I) and (II), C.R.S.
[viii] 18 U.S.C. § 922(g)(9); § 18-6-801(8)(a), C.R.S.
