Firearms and Domestic Violence in Colorado
In a state where hunting and independence are prevalent, many people desire to own a gun or firearm. It is your basic constitutional right, and useful in defending yourself from others and an overreaching government. Our criminal defense attorneys wholeheartedly believe in your ability to possess a firearm. We want to protect your basic right to this freedom. However, the ability to possess a gun is limited in Denver or Jefferson County if you have a conviction for domestic violence or a Protection / Restraining Order on your record. In fact, your rights could even permanently be in jeopardy. At O'Malley and Sawyer, we wholeheartedly believe in one's ability to posses a firearm and want to protect your basic right to this freedom. However, with anti-gun politicians, your rights hang in the balance in Boulder and Jefferson County. We can protect those rights if contacted early on when you are accused of an act of Domestic Violence.
Firearms and Domestic Violence: Connected through Restraining / Protection Orders
From within our website, you may remember reading about restraining and protection orders. Police and District Attorneys in Adams County use protection / restraining orders as an all-encompassing patch in order to protect their careers and their alleged victims. Even though these restraining orders might not be necessary, they are routinely issued against law abiding citizens “just in case.”
*Firearms Prohibited: Based on standard provisions contained within these Orders, defendants are prohibited from possessing a firearm and ammunition (C.R.S. 18-1-1001).
* Permanent Restraining Order: Normally, these criminal Orders are voided once the case is completed, provided you reach a successful resolution. However, there are times when an additional order is issued in a separate court due to pressure on the alleged victim from the criminal case Victim's Advocate. These Civil Protection Orders, (C.R.S. 13-14-102), can last a lifetime. Just like in the case of criminal restraining / protection orders, these Orders are given by magistrates and judges in an effort to keep the peace – a protection order against what might happen. Unlike criminal restraining orders, these civil protection orders do not expire and can block your ability to lawfully own a gun of any type ever again.
False accusations can distract juries from applying the standard of proving your guilt beyond a reasonable doubt. We fight on your behalf and keep evidence of past accusations out of the courtroom.
Prior Accusations Can Make a Domestic Violence Conviction Easier
When a claim of domestic violence is made against you in the state of Colorado, judges are unsympathetic of your firearm rights. And, anti-gun advocates have made it easy for them. Colorado laws now exist which favor the admission of prior allegations of Domestic Violence. You don't need to have a prior conviction. This “evidence of similar transactions” can result from the trumped-up allegations of an angry ex-girlfriend or ex-wife in Adams County (C.R.S. 18-6-801.5). While not strong enough in the past to get you convicted, it can help in the case of a current accusation. When a jury is hearing a DV case with this separate evidence of similar transactions, it causes them to move closer to a conviction. The jury is distracted from applying the beyond a reasonable doubt standard, to the DA's burden of proof. When this happens, you need a strong advocate for you in the courtroom to keep this evidence from being presented to the jury.
- Learn more about the Domestic Violence sentence enhancer
- Learn about Domestic Violence Treatment
- Learn about Domestic Violence and Restraining / Protection Orders