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 can make firearms-related orders. The judge can only do so, however, if, after reviewing the petition, the judge determines that an act of domestic violence took place and it involved physical force or the threat or attempt to use physical force. The judge can then 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:
- final (or temporary) civil protection order issued against him/her based on domestic violence or based on stalking, sexual assault, physical harm/threats or abuse of the elderly/at-risk adult;
- protection order issued against him/her as part of a criminal court case, including a protection order based on a juvenile delinquent act;
- final (or temporary) extreme risk protection order issued against him/her.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