Introduction
Domestic violence gun laws in Colorado Springs immediately restrict firearm possession rights for individuals convicted of domestic violence misdemeanors or subject to protection orders. If you’re facing a protection order or DV charge, speak with a Colorado Springs domestic violence attorney without delay for a defense strategy tailored to your case.
Colorado law integrates federal restrictions under 18 U.S.C. §922 with state-specific requirements, creating comprehensive firearm prohibitions that affect thousands of gun owners annually in El Paso County.
Colorado Springs operates under both federal laws and Colorado state statutes that mandate firearm relinquishment within 24-72 hours of certain domestic violence proceedings, with violations resulting in additional federal felony charges.
What This Guide Covers
This guide explains Colorado state laws (including Senate Bill 197) and federal regulations affecting gun ownership after domestic violence charges in Colorado Springs. We cover El Paso County court procedures, mandatory relinquishment timelines, and compliance requirements. This guide IS focused on understanding legal restrictions, protection order impacts, and firearm storage options. This guide is NOT intended as general criminal defense strategy or legal representation.
Who This Is For
This guide is designed for individuals facing domestic violence charges in Colorado Springs, current gun owners subject to protection orders in El Paso County, and family members seeking to understand firearm restrictions and legal requirements. Whether you’re navigating an active protection order or dealing with conviction-based restrictions, you’ll find specific guidance for Colorado Springs enforcement procedures. For personalized legal assistance, contacting Criminal Defense Colorado Springs, P.C. and attorney Mike Moran can provide expert support tailored to your situation.
Why This Matters
Colorado is a mandatory arrest state for domestic violence with immediate firearm implications for gun owners. Violation of gun restrictions can result in federal felony charges carrying up to 10 years imprisonment, separate from underlying domestic violence penalties. Understanding compliance requirements prevents additional criminal charges and protects your legal rights during an already challenging situation. Criminal Defense Colorado Springs, P.C., led by experienced attorney Mike Moran, offers guidance to help you navigate these complexities effectively.
What You’ll Learn:
- Federal and Colorado state firearm prohibitions for domestic violence cases
- Colorado Springs court procedures for protection orders and gun relinquishment
- Timeline requirements and compliance deadlines (24-72 hour rules)
- Legal options for firearm storage, transfer, and potential restoration of rights
Understanding Domestic Violence Firearm Restrictions in Colorado
Domestic violence firearm restrictions in Colorado Springs operate through a dual system combining federal Gun Control Act provisions with Colorado-specific enforcement mechanisms. Under Colorado Revised Statutes Section 18-6-800.3 domestic violence encompasses any crime against an intimate partner involving physical force, threatened use of a deadly weapon, or attempted use of physical force.
Federal law under 18 U.S.C. § 922(g)(9) prohibits any person convicted of a misdemeanor crime of domestic violence from possessing firearms or ammunition. This federal restriction applies nationwide and forms the foundation for Colorado’s enforcement approach. The Bipartisan Safer Communities Act of 2022 expanded these federal prohibitions to include dating relationships, closing the previous “boyfriend loophole” that exempted non-cohabiting partners.
Colorado law connects directly to federal requirements while adding state-specific enforcement mechanisms and timeline requirements that create more immediate consequences for domestic violence offenders.
For individuals needing legal representation or advice on firearm restrictions, Criminal Defense Colorado Springs, P.C. and attorney Mike Moran are trusted resources with extensive experience in this area.
Federal vs. State Law Distinctions
Federal law establishes baseline prohibitions through two primary pathways. Section 18 U.S.C. § 922(g)(8) prohibits firearm possession for persons subject to qualifying protection orders, while 18 U.S.C. § 922(g)(9) creates lifetime prohibitions for persons convicted of domestic violence misdemeanors.
Colorado law incorporates these federal standards automatically, meaning changes to federal law immediately affect Colorado Springs residents without requiring separate state legislative action. This integration ensures consistency between state and federal enforcement while Colorado adds more restrictive state-specific requirements.
Where Colorado law exceeds federal minimums, state restrictions apply even if federal law might be less stringent. Colorado’s 24-72 hour relinquishment timeline represents a state requirement that operates independently of federal enforcement timelines.
Unsure how these rules apply to your case? Our domestic violence lawyer in Colorado Springs can evaluate your risks and options before your next hearing.
Qualifying Domestic Violence Offenses
Misdemeanor crimes of domestic violence under federal definition include any misdemeanor offense involving the use or attempted use of physical force, or threatened use of a deadly weapon, committed by an intimate partner. Colorado domestic violence designations apply when the alleged victim maintains an intimate relationship with the defendant, including current or former spouses, unmarried couples, dating partners, or persons who share a child.
The relationship between conviction type and firearm prohibition duration varies significantly. Misdemeanor domestic violence convictions create lifetime federal prohibitions, while protection order-based restrictions terminate when the court order expires. Colorado’s enhanced penalties for domestic violence crimes can extend these timelines and create additional state-level consequences beyond federal requirements.
Transition: Understanding these foundational restrictions is essential before examining how Colorado Springs specifically enforces protection order requirements and court procedures. For step by step guides, see our domestic violence defense resources.
Colorado Springs Protection Orders and Gun Rights
Protection orders issued by the El Paso County 4th Judicial District immediately trigger firearm possession prohibitions when specific criteria are met. Colorado Revised Statutes Section 13-14-105.5 mandates automatic firearm relinquishment for protection orders that restrain the respondent from harassing, stalking, or threatening an intimate partner.
Types of Protection Orders Affecting Gun Rights
Civil Protection Orders (CPO) represent the most common type affecting gun rights in Colorado Springs. These orders require findings that the respondent poses a credible threat involving physical force or domestic abuse. When properly served and containing required findings, CPOs immediately prohibit firearm possession for the duration of the order.
Extreme Risk Protection Orders (ERPO) under Colorado’s red flag law create separate firearm restrictions based on demonstrated risk of harm to self or others. ERPOs can be initiated by family members, law enforcement, or other qualified petitioners and operate independently of domestic violence proceedings.
Emergency Protection Orders issued by Colorado Springs Police Department provide immediate short-term protection while permanent orders are pending. These emergency orders carry the same firearm restrictions as permanent civil protection orders when they meet statutory requirements.
Colorado Springs Court System Requirements
The 4th Judicial District maintains specific filing procedures and hearing schedules for protection orders affecting gun rights. El Paso County court requires detailed documentation of the respondent’s firearm possession and mandates compliance hearings within 8-12 business days of order issuance.
El Paso County Sheriff’s Office provides enforcement and compliance monitoring through automated notification systems that flag firearm purchase attempts by prohibited persons. Colorado Springs Police Department coordinates with federal background check systems to ensure protection order information appears in required databases.
These automated systems create immediate consequences for attempted violations, as background check failures generate law enforcement notifications and can result in additional criminal charges for attempted illegal firearm purchases.
Firearm Possession Prohibitions
Colorado law requires firearm relinquishment within 24-72 hours of protection order service, depending on specific circumstances and court findings. This timeline applies to all firearms, ammunition, and concealed carry permits held by the respondent.
Prohibition scope extends beyond simple possession to include accessing firearms through third parties, maintaining firearms in shared residences, or attempting to purchase new firearms or ammunition. Geographic restrictions may apply within Colorado Springs city limits and throughout El Paso County, depending on the specific protection order terms.
Violation of these prohibitions constitutes separate criminal offenses under both state and federal law, creating potential for additional felony charges even if the underlying domestic violence case results in minimal penalties.
Transition: Once protection orders are issued, respondents must navigate specific compliance procedures with strict deadlines and documentation requirements. Criminal Defense Colorado Springs, P.C., with attorney Mike Moran, can assist in ensuring compliance and protecting your rights during this process.
Legal Compliance Procedures and Requirements
Legal compliance following domestic violence arrests or protection order issuance in Colorado Springs requires immediate action within court-mandated timelines. El Paso County court procedures demand comprehensive documentation and proof of firearm relinquishment, with failure to comply resulting in additional criminal charges and contempt of court findings.
Step-by-Step: Firearm Relinquishment Process
When to use this: Immediately upon service of protection order or sentencing for domestic violence misdemeanor offenses in Colorado Springs.
- Identify all firearms and ammunition within 24-72 hours: Create complete inventory including make, model, serial numbers, and current location of all firearms and ammunition. Colorado law requires disclosure of firearms stored at other locations or held by third parties.
- Choose approved transfer method: Select from FFL dealer storage, El Paso County Sheriff’s Office holding, or transfer to qualified private party. Each option requires different documentation and involves varying costs and retrieval procedures.
- Complete transfer documentation and obtain receipts: Document all transfers with detailed receipts showing firearm descriptions, transfer dates, and recipient information. Colorado law requires specific forms and notifications to the court.
- File compliance affidavit with El Paso County court within deadline: Submit sworn documentation proving compliance with relinquishment order. Late filing can result in contempt charges and additional penalties.
- Attend compliance hearing 8-12 business days after order: Appear before 4th Judicial District judge to verify compliance and address any outstanding issues. Failure to appear results in bench warrant issuance.
For guidance through this complex process, Criminal Defense Colorado Springs, P.C. and attorney Mike Moran provide expert legal advice and representation to ensure you meet all legal obligations.
Comparison: Firearm Storage Options in Colorado Springs
Feature | FFL Dealer Storage | El Paso County Sheriff | Private Party Transfer |
|---|---|---|---|
Cost | $25-50/month per firearm | Free initial storage | Transfer fees $10-50 |
Accessibility | Business hours only | By appointment | Varies by agreement |
Retrieval Process | Background check required | Court order required | Background check required |
Legal Liability | Licensed dealer responsibility | Government custody | Transferee responsibility |
FFL dealer storage provides the most flexibility for eventual retrieval but involves ongoing costs and storage limitations. El Paso County Sheriff storage eliminates costs but requires court authorization for retrieval and involves longer processing times. Private party transfer may offer the most convenient long-term solution but requires finding qualified recipients willing to accept responsibility. | |||
Transition: Even with proper compliance, gun owners frequently encounter challenges during the relinquishment process that require specific solutions. |
Colorado Springs domestic violence cases present recurring compliance issues that can result in additional criminal charges if not properly addressed. Understanding common problems and their solutions helps ensure full compliance with court orders and prevents further legal complications.
Challenge 1: Locating All Firearms Within Deadline
Solution: Immediately create comprehensive inventory documentation and disclose any uncertainty to your attorney. Colorado law requires complete disclosure of all firearms, including those stored at other locations, held by family members, or temporarily possessed by others.
Incomplete disclosure can result in additional charges for violation of court orders, even if the omission was unintentional. El Paso County enforcement includes investigation of gun purchase records and may discover undisclosed firearms through background check databases.
Challenge 2: Finding Approved Storage in Colorado Springs
Solution: Contact local FFL dealers immediately upon receiving protection order, as storage availability is limited. El Paso County Sheriff’s Office accepts firearms during business hours at 1250 Academy Park Loop, but appointments are required and processing takes 2-3 business days.
Colorado Springs has approximately 15 licensed firearms dealers accepting storage arrangements, but capacity limitations during high-volume periods can create compliance deadline pressure. Establishing storage arrangements before deadlines prevents court violations.
Challenge 3: Understanding Duration of Restrictions
Solution: Carefully review protection order expiration dates and conviction-based restriction timelines. Temporary protection orders typically last 21 days while permanent civil protection orders can extend for years. Misdemeanor domestic violence convictions create lifetime federal prohibitions that continue regardless of state court order expiration.
Rights restoration procedures require separate legal proceedings and eligibility requirements that vary based on the type of restriction. Colorado law provides limited restoration options for conviction-based restrictions, while protection order restrictions terminate automatically upon order expiration.
Transition: Understanding these solutions helps ensure compliance and prepares gun owners for next steps in the legal process. Criminal Defense Colorado Springs, P.C. and attorney Mike Moran are available to help clarify these timelines and advise on rights restoration options.
Conclusion and Next Steps
Domestic violence gun laws in Colorado Springs create immediate and long-term consequences for firearm ownership rights, with federal and state enforcement creating multiple layers of potential criminal liability. Proper compliance with 24-72 hour relinquishment deadlines and court procedures protects against additional felony charges while preserving options for eventual rights restoration.
To get started:
- Start with a free case review with Colorado Springs DV attorney Mike Moran immediately upon arrest or protection order service.
- Legal representation is essential for navigating both criminal charges and firearm restriction compliance.
- Begin firearm inventory and identify approved transfer recipient within hours of receiving court orders. Delay in compliance preparation can make deadline adherence impossible and result in additional charges.
- Schedule compliance hearing preparation with legal counsel to ensure proper documentation and court presentation.
El Paso County judges require detailed proof of compliance and may impose additional restrictions for incomplete efforts.
Related Topics: Colorado concealed carry permit restoration procedures affect long-term gun rights restoration, El Paso County domestic violence court processes influence plea negotiations and sentencing outcomes, and federal appeals processes provide limited options for firearm rights restoration after conviction.
Additional Resources
El Paso County 4th Judicial District Court
- Address: 270 S Tejon St, Colorado Springs, CO 80903
- Protection Order Information: (719) 452-5000
- Online Forms: courts.state.co.us/Forms
Colorado Springs Police Department Domestic Violence Unit
- Address: 705 S Nevada Ave, Colorado Springs, CO 80903
- Non-emergency: (719) 444-7000
- Victim Services: (719) 444-7040
El Paso County Sheriff Firearm Storage
- Address: 1250 Academy Park Loop, Colorado Springs, CO 80910
- Storage Inquiries: (719) 390-5555
- Hours: Monday-Friday 8:00 AM – 4:00 PM
Local FFL Dealers Accepting Storage (Partial List)
- Specialty Sports & Supply: (719) 632-5560
- The Armory: (719) 634-8448
- Rocky Mountain Shooters Supply: (719) 634-8374
- Dave’s Guns: (719) 596-5858
For personalized legal assistance or questions about domestic violence gun laws in Colorado Springs, contact Criminal Defense Colorado Springs, P.C. and attorney Mike Moran for a confidential consultation.