I have a final protection order against the abuser. Can his/her gun be taken away?
As part of a final protection order due to domestic violence, stalking, sexual assault, physical harm/threats or abuse of the elderly/at-risk adult, the judge is supposed to order that the abuser:
- not have or buy any firearms or ammunition for the rest of the order; and
- give up any firearms or ammunition that s/he currently has in his/her possession or control to a licensed firearms dealer, private party or to law enforcement.1
In addition, according to Colorado state law, a person cannot get a permit to carry a concealed handgun if there is a current civil protection order issued against him/her (or a current criminal court protection order).2
Federal laws, which apply to all states, restrict an abuser’s right to have a gun if you have a protective order against him/her that meets certain requirements even if the judge does not specifically include on the order that s/he cannot have a gun. Go to the Federal Gun Laws page to get more information.
1 Colo. Rev. Stat. § 13-14-105.5(1)(a), (2)(c)
2 Colo. Rev. Stat. §§ 18-12-203(1)(a)-(g); 18-12-108