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EspañolI have a protection order against the abuser. Can they have a gun?
Under Colorado law, the judge can prohibit the abuser from having a gun in a temporary or permanent domestic violence protection order. If the judge decides that the protection order was based on an act of domestic violence involving physical force or the threat or attempt to use physical force, the judge must order the abuser to:
- not have or buy any firearms or ammunition while the order is in effect; and
- give up (relinquish) any firearms or ammunition that they currently have in their possession or control.1
If the abuser has been arrested, the judge may also order them to give up any firearms or ammunition in their immediate possession or control before they are released from jail on bond.2
Once the abuser is served with the protection order, they have to follow what the order says and give up any guns or ammunition they have while the order is in effect. If the abuser has a gun or ammunition while the order is in effect, they would be committing the crime of violation of a protection order.3
For information about how the abuser must give up their guns and how the judge makes sure they have done so, see How does an abuser give up their guns and ammunition? What happens next?
Additionally, an abuser who has an active protection order against them for any reason cannot get a permit to carry a concealed handgun. This includes someone who has:
- a temporary or permanent civil protection order issued against them based on domestic violence or stalking, sexual assault, physical harm/threats or abuse of the elderly/at-risk adult;
- a protection order issued against them as part of a criminal court case, including a protection order based on a juvenile delinquent act; or
- a temporary or permanent extreme risk protection order issued against them.4
Also, federal laws, which apply to all states, restrict an abuser’s right to have a gun if you have a final protection order against them that meets certain requirements. Go to our Federal Gun Laws page to get more information.
1 Colo. Rev. Stat. § 13-14-105.5(1)(a)
2 Colo. Rev. Stat. § 13-14-105.5(1)(b)
3 Colo. Rev. Stat.§ 18-6-803.5
4 Colo. Rev. Stat. §§ 18-12-203(1)(g)
How does an abuser give up their guns and ammunition? What happens next?
If the abuser is in the courtroom when a judge orders them to give up their guns and ammunition, they will have 24 hours to do so. If the abuser is not in the courtroom when the order is issued, they will have 48 hours after being served with a copy of the order to give them up. These time frames do not count legal holidays and weekends.1
After the judge orders the abuser to give up their guns and ammunition, the abuser may do so by:
- selling or transferring the firearms to a federally-licensed firearms dealer;
- storing them with a law enforcement agency; or
- selling or transferring them to a person who can legally possess firearms or ammunition.2
The judge must also schedule a compliance hearing within eight to 12 business days to make sure that the abuser did, in fact, give up the firearms. The respondent will be notified of the hearing date, and they are supposed to appear in person. If the judge decides that there is “probable cause” to believe the respondent has not given up their firearms, the judge will issue a search warrant so that law enforcement can search the respondent’s home for the firearms and take them.3
You can read more about keeping an abuser from accessing guns on the National Resource Center on Domestic Violence and Firearms’ website.
1 Colo. Rev. Stat. § 13-14-105.5(2)(a)
2 Colo. Rev. Stat. § 13-14-105.5(4)
3 Colo. Rev. Stat. § 13-14-105.5(1)(c), (5)(a), (5)(e)
Is there anything I can do to make it more likely that the abuser's gun is taken away when I get a protection order?
There are general suggestions that you may want to consider:
- If the abuser has a gun and you are worried about your safety, let the judge know. You can share:
- how many guns the abuser has;
- what kinds of guns they are;
- any specific information you have about where the guns are kept; and
- if the abuser has ever threatened you with them.
- If the judge grants your petition to take the guns away from the abuser, you can ask them to include the following in the order:
- if the police can go to the abuser’s house to take the guns or where the abuser has to surrender their guns;
- what will happen to the guns;
- how long the guns will be kept away from the abuser; and
- to order that the police notify you when the guns are returned to the abuser.
