Domestic Violence and Firearm Rights

Domestic Violence Is Not a Separate Criminal Charge in Colorado

Colorado does not have a standalone criminal offense called “domestic violence.” Instead, domestic violence is typically a sentence enhancer attached to another alleged offense when the accusation involves:

• A current or former spouse
• Dating relationship
• Co-parent
• Household member
• Intimate partner

For example, domestic violence allegations are commonly attached to:

• Assault
• Harassment
• Criminal mischief
• Menacing
• Stalking

The underlying charge matters significantly when evaluating firearm consequences.

For example, a misdemeanor harassment conviction may carry different long-term implications than a felony assault conviction.

What Happens to Firearms After a Domestic Violence Arrest in Colorado?

Many firearm consequences begin immediately after arrest — long before a conviction occurs.

In Colorado, courts issue a mandatory protection order (MPO) at the beginning of a domestic violence case. These orders often contain firearm restrictions or surrender requirements while the case remains pending.

Depending on the circumstances, a defendant may be required to:

• Relinquish firearms
• Transfer firearms to a third party
• Store firearms with a licensed dealer
• File compliance paperwork with the court

These restrictions can create immediate problems for individuals who:

• Carry firearms professionally
• Work in law enforcement or security
• Hunt regularly
• Keep firearms in a shared residence

Key Point:
Even if a case is later dismissed, firearm restrictions may still affect a person while the case is pending.

Federal Firearm Restrictions Are Often the Biggest Concern

Many firearm consequences arise under federal law, not just Colorado law.

Under federal law, individuals convicted of certain misdemeanor crimes of domestic violence are generally prohibited from:

• Possessing firearms
• Purchasing firearms
• Receiving firearms
• Ammunition possession

These restrictions can apply even when:

• The case was only a misdemeanor
• Jail was avoided
• The incident involved no physical injury
• The case happened years ago

In many situations, federal law creates a lifetime firearm prohibition.

This surprises many people because they assume only felony convictions affect gun rights.

Federal Firearm Laws and Domestic Violence Cases

Many of the most serious firearm consequences in domestic violence cases come from federal law rather than Colorado law.

The primary federal statute is commonly referred to as the Lautenberg Amendment, which amended federal firearm laws to prohibit firearm possession by individuals convicted of certain misdemeanor crimes of domestic violence.

Federal law also restricts firearm possession for individuals subject to certain qualifying protection orders.

These laws are primarily found under:

• 18 U.S.C. § 922(g)(8) — firearm restrictions related to qualifying protection orders
• 18 U.S.C. § 922(g)(9) — firearm restrictions involving misdemeanor crimes of domestic violence

These federal restrictions apply nationwide and can carry severe penalties if violated.

Importantly, federal law may apply even where:

• The underlying state offense was only a misdemeanor
• The individual received probation instead of jail
• The state case did not specifically mention firearm restrictions
• The incident occurred many years earlier

Federal courts have also issued major decisions interpreting these statutes, including:

• United States v. Castleman
• Voisine v. United States
• United States v. Rahimi

You can learn more about these federal firearm statutes directly through the Legal Information Institute or the Bureau of Alcohol, Tobacco, Firearms and Explosives (ATF).

What Is a “Misdemeanor Crime of Domestic Violence”?

Federal law focuses less on the label of the offense and more on the underlying conduct.

Generally, a qualifying offense involves:

• Use or attempted use of physical force, or
• Threatened use of a deadly weapon

And the offense must involve a qualifying domestic relationship.

This means some misdemeanor assault or harassment convictions may create firearm restrictions even if the conviction itself is not labeled a felony.

The analysis can become highly fact-specific and often depends on:

• Exact plea language
• Statutory subsection
• Factual basis for the plea
• Relationship between parties
• Prior case law interpreting the offense

Because of this, plea negotiations in domestic violence cases can have consequences far beyond immediate sentencing.

Firearm Possession Charges After a Domestic Violence Conviction

A domestic violence-related firearm prohibition can create additional criminal exposure if a person later possesses a firearm or ammunition.

In some cases, individuals are charged after:

• Traffic stops
• New arrests
• Hunting incidents
• Firearm purchase attempts
• Protection order investigations
• Domestic disturbance calls

Even constructive possession issues can become relevant. Prosecutors may argue that a person possessed a firearm even if it was not physically on their person, particularly if the weapon was accessible within a shared residence or vehicle.

Because firearm restrictions can arise from both state and federal law, these investigations may involve:

• Local police
• State prosecutors
• Federal agencies

The stakes can become extremely serious very quickly.

This is another reason domestic violence cases should be evaluated not only for the immediate allegations, but also for the long-term consequences that may follow years later.

Felony Convictions and Firearm Rights

Felony convictions can create both Colorado and federal firearm restrictions.

A felony conviction may result in:

• Loss of firearm possession rights
• Inability to purchase firearms
• Federal prosecution for possession
• Sentencing enhancements in future criminal cases

Certain felony convictions may permanently prohibit firearm ownership unless civil rights are restored.

For more information on possible penalties in criminal cases generally, see our Colorado sentencing and penalties guide.

Temporary Restrictions vs. Permanent Restrictions

Not all firearm restrictions are permanent.

Some restrictions apply only while:

• A criminal case is pending
• A protection order remains active
• Bond conditions are in place
• Probation terms continue

Others may continue indefinitely after conviction.

The distinction depends heavily on:

• Whether there was a conviction
• The offense involved
• Whether the offense qualifies federally
• The exact plea entered
• Whether rights restoration is available

This is one reason early case evaluation is important in domestic violence cases.

Deferred Judgments and Firearm Consequences

Many domestic violence cases resolve through deferred judgments or other negotiated outcomes.

Whether a deferred judgment impacts firearm rights depends on multiple factors, including:

• Whether the plea qualifies as a conviction under federal law
• Whether the deferred judgment is successfully completed
• The wording of the plea agreement
• Applicable federal interpretations

This area can become legally complex very quickly.

A resolution that appears favorable from a sentencing perspective may still carry significant collateral consequences if firearm rights are important to the individual.

Domestic Violence Allegations Can Affect Employment

Firearm restrictions often create serious employment problems for:

• Law enforcement officers
• Military personnel
• Security professionals
• Armed contractors
• Hunters and guides
• Individuals working in corrections

Even temporary restrictions can impact a person’s ability to continue working.

In some professions, merely being charged with domestic violence may trigger administrative or licensing concerns before a case is resolved.

For more information on broader long-term impacts, see our page on [collateral consequences of criminal convictions].

Plea Negotiations Matter in Domestic Violence Cases

Domestic violence cases are not simply about avoiding jail.

The long-term consequences of a plea can sometimes matter more than the immediate sentence itself.

When evaluating resolutions, it is important to consider:

• Firearm implications
• Immigration consequences
• Professional licensing
• Sealing eligibility
• Employment effects
• Future sentencing exposure

In many cases, careful negotiation over the specific charge or plea language can significantly affect long-term outcomes.

Every Domestic Violence Case Is Different

Some domestic violence cases involve serious injuries or repeat allegations. Others arise from arguments where alcohol, emotional escalation, or conflicting stories play a major role.

Evidence may include:

• 911 recordings
• Body camera footage
• Witness statements
• Medical records
• Text messages
• Photographs

Like DUI cases, no single piece of evidence automatically determines the outcome. Cases are evaluated based on the totality of the circumstances.

For more information, see our article on [what evidence is used in a Colorado domestic violence case].

Speak With a Colorado Domestic Violence Defense Attorney

If you are facing domestic violence allegations in Colorado, it is important to understand the potential impact on your firearm rights before resolving the case.

At The Lawrence Law Firm, we represent clients throughout Aurora, Denver, Arapahoe County, Adams County, Douglas County, and Jefferson County in domestic violence and criminal defense matters.

We work closely with clients to evaluate both the immediate case and the long-term consequences that may follow a conviction or plea.

Contact us today for a free consultation.