If you’re facing criminal charges—or already have a conviction on your record—it’s critical to understand how it may impact your right to own or possess firearms in Colorado. Gun rights are protected under both state and federal law, but they can be restricted or entirely revoked depending on the type and severity of a criminal conviction.
This guide will break down the key laws in Colorado, how various types of convictions affect your Second Amendment rights, and why consulting a skilled
Denver criminal lawyer is essential if you're facing charges that could threaten your ability to legally possess a firearm.
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Gun Rights in Colorado: The Basics
Colorado gun laws generally allow adults aged 18 and older to possess firearms, and individuals aged 21 and older to carry concealed weapons—provided they meet all legal qualifications. However, certain criminal convictions can result in the loss of these rights, either temporarily or permanently.
Both state law (Colorado Revised Statutes § 18-12-108) and federal law (18 U.S. Code § 922(g)) govern who can and cannot possess firearms. In many cases, even a conviction that seems minor can result in serious consequences when it comes to gun ownership.
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Felony Convictions and Gun Rights
The most significant and clear-cut restriction applies to anyone convicted of a felony. Under both state and federal law:
• If you are convicted of a felony in Colorado or any other state, you will lose your right to possess, purchase, or carry a firearm.
• This prohibition is permanent, unless your rights are restored through a pardon or other formal legal process.
Being caught with a firearm after a felony conviction can result in new criminal charges for Possession of a Weapon by a Previous Offender (POWPO)—a Class 5 or Class 6 felony in Colorado, depending on the circumstances. This charge can lead to additional prison time, fines, and a further entrenchment of the firearm prohibition.
If you’ve been convicted of a felony and want to explore whether your rights can be restored, you should consult with a Denver criminal lawyer to evaluate your options.
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Misdemeanor Convictions and Gun Rights
You might assume that only felony convictions affect your gun rights—but that’s not always true. Certain misdemeanors, especially those involving domestic violence, can also result in firearms restrictions.
Under federal law, individuals convicted of a misdemeanor crime of domestic violence are prohibited from possessing firearms. This includes offenses like:
• Assault involving a domestic partner or family member
• Harassment or stalking in the context of domestic violence
• Violating a protective or restraining order
This federal prohibition applies even if the offense is classified as a misdemeanor under Colorado law. That means you could lose your gun rights for a single, non-felony conviction if it fits the domestic violence criteria.
Furthermore, Colorado courts often require individuals convicted of domestic violence-related crimes to surrender their firearms as part of the sentence or probation terms.
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Restraining Orders and Firearm Surrender
Even if you haven’t been convicted of a crime, certain court orders can temporarily restrict your gun rights in Colorado. This includes:
• Civil Protection Orders (commonly issued in domestic abuse cases)
• Extreme Risk Protection Orders (ERPOs), also known as “Red Flag Laws”
If a judge finds that you pose a significant risk to yourself or others, they may issue an ERPO requiring you to surrender all firearms for up to one year. Violating these orders is a separate criminal offense and can lead to further loss of rights and penalties.
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Can Gun Rights Be Restored in Colorado?
Restoring your gun rights after a felony or domestic violence conviction isn’t easy—but it is possible in certain cases. Some avenues include:
• Governor’s Pardon: If you receive a full and unconditional pardon from the Governor of Colorado, your civil rights—including gun rights—may be restored.
• Sealing or Setting Aside Convictions: While sealing a record doesn’t automatically restore gun rights, it can sometimes play a role in broader efforts to seek relief.
• Challenging a Federal Prohibition: In rare cases, legal challenges may be brought in federal court, though success is limited and difficult.
Because these processes are legally complex, it’s critical to work with a knowledgeable Denver criminal lawyer who can guide you through the options and assess your eligibility.
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What to Do If You’re Facing Criminal Charges
If you’re currently facing criminal charges—especially felony or domestic violence-related accusations—it’s vital to understand how a conviction could impact your gun rights long-term.
Even a plea deal that helps you avoid jail time could come with unintended consequences, including the permanent loss of your right to bear arms. That’s why having a skilled Denver criminal lawyer on your side from the beginning can make all the difference. Your attorney can:
• Explore alternative resolutions to avoid a disqualifying conviction
• Negotiate lesser charges that don’t carry firearm restrictions
• Fight for dismissal or acquittal if you’re wrongly accused
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Final Thoughts
Gun rights are taken seriously in Colorado, but so are criminal convictions. Whether you’re facing charges or already have a conviction on your record, it’s crucial to understand how it affects your right to own or possess firearms.
Navigating the intersection of criminal and firearms law isn’t something you should do alone. A qualified Denver criminal lawyer can help protect your rights, defend your freedom, and work toward restoring what you’ve lost.
