The Second Amendment of the United States Constitution guarantees the right to bear arms. But that right is not absolute, and it does not apply indiscriminately across the board. It can be revoked or restricted in certain circumstances, such as when individuals are convicted of certain crimes. These possible scenarios are addressed by both state and federal laws.
In Colorado, state and federal laws pertaining to gun ownership and domestic violence cases are tightly woven together. An individual can lose his right to own or possess a gun temporarily, or even permanently, if he is convicted of a domestic violence charge under certain circumstances.
Federal Law that Prohibits Gun Ownership or Possession by Domestic Violence Offenders
18 U.S.C. §922 is a federal law that is intended to prevent gun violence. This lengthy piece of federal legislation details a number of situations that could cause an individual to lose his gun rights.
18 U.S.C. § 922(g)(9) deals directly with domestic violence situations, specifically, individuals who have been convicted of a misdemeanor crime of domestic violence. The intent of the statute is to prevent individuals who have shown that they have a propensity for domestic violence from owning or possessing a firearm.
The statute is also intended to provide law enforcement with a more effective means of managing domestic violence situations, which tend to be highly volatile and emotionally charged. Under this law, law enforcement can remove firearms from domestic violence situations and minimize the risk of a situation turning deadly.
18 U.S.C. § 922(g)(8) pertains to individuals who have a civil protective order in place against them as a result of a domestic violence incident. Specifically, the statute prohibits the possession or receipt of a firearm or ammunition by an individual who has a court order that restrains them from contacting, threatening, stalking, or harassing an intimate partner or child of an intimate partner, particularly when they used, attempted to use, or threatened physical force that would reasonably be expected to cause bodily injury.
What is the Law in Colorado for Domestic Violence?
The Colorado definition of domestic violence is broader than the federal definition. This means that an individual who meets the definition of being a domestic violence offender under state law will be subject to federal law prohibiting their ability to own or possess a firearm.
Colorado Revised Statute § 18-6-800.3 defines domestic violence as an act or threatened act of violence upon a person they have been involved with in an intimate relationship. The crime may be against a human being or property, including animals, and is intended to be used as a means of revenge, intimidation, punishment, control, or coercion against the person with whom they have been in an intimate relationship with.
An intimate relationship, under Colorado law, is any relationship between current or former spouses, people who have a child together even if they have never been married, or people who have cohabitated for any period of time.
The federal definition of domestic violence is a crime against an intimate partner that involves physical force or the use of a deadly weapon.
If an individual who has lost his gun rights due to a domestic violence conviction is found to be in possession of a firearm, he could face criminal charges. This could mean fines and prison time.
It is also important to understand that under Colorado law, police officers are required to make an arrest if they have probable cause to believe a domestic abuse offense has been committed.
Can a Domestic Violence Case be Dismissed in Colorado?
Once a domestic charge is filed against a person, it can be difficult to convince a prosecutor to dismiss the charge. Even if the alleged victim in a case recants the allegations of domestic violence, the charges may not necessarily be dropped. In order to get a domestic violence case dismissed, a prosecutor must be persuaded that he does not have a strong enough case to prove the allegations beyond a reasonable doubt. An experienced criminal defense attorney knows how to have that kind of conversation with a prosecutor, and hiring an experienced criminal defense attorney will greatly increase the likelihood that a defendant’s case will be dismissed.
How Long Does Domestic Violence Stay on Your Record in Colorado?
A domestic violence charge can be a permanent mark on an individual’s criminal record. Once the charge is filed, it can follow a person for years, if not the rest of his life. But in certain cases, domestic violence cases can be dismissed and sealed.
If the charges against a person are dismissed by the prosecution, or if the defendant is acquitted at trial, his case could become eligible for sealing. This removes the domestic violence charge from public view, which means it would no longer be accessible in most background checks.
A domestic violence conviction is a different story. If a conviction enters, the domestic violence charge will permanently remain on a person’s record unless it meets specific circumstances that make it eligible for expungement or sealing.
It is important to note that a domestic violence charge that has been expunged or sealed may still be visible to law enforcement and some other government agencies. There are certain situations that affect this. An experienced criminal defense lawyer can help advise a client with regard to how visible an individual’s record is, and how it may be accessed by certain government or legal agencies.
Can Gun Rights be Restored After Losing Them Under 18 U.S.C. §922 for a Domestic Violence Conviction?
In some cases, an individual’s right to own, purchase, or possess a firearm may be restored after the passage of time, but that can be a rather arduous process. It is best to consult an experienced criminal attorney when attempting to restore gun rights in Colorado.
If a person is acquitted or their case is dismissed, they may be able to immediately request the restoration of their gun rights. If they are convicted of domestic violence, then their gun rights could be permanently revoked.
Even though gun rights are revoked for felons in most cases, domestic violence is considered to be so dangerous and problematic that even misdemeanor domestic violence charges can result in the revocation of gun rights. Both federal and state laws are designed to protect the public as well as those who were directly involved in the domestic violence case.
Experienced Colorado Criminal Defense Lawyers Help Protect Your Rights
If you have been charged with domestic violence in Colorado, you should not leave the outcome of your case to chance. The sooner you retain an experienced domestic violence defense lawyer, the better your chances of having a favorable outcome.
Defense attorney Michael Sheehan has nearly twenty-five years of experience defending domestic violence cases. He will help you develop an effective defense strategy that is specific to your case. He will also give you the best chance of beating the charges filed against you, and help protect your Second Amendment Rights. Call Michael Sheehan today for a free consultation.