I have a temporary ex parte order against the abuser. Can his/her gun be taken away?
Under Colorado law, as part of a temporary (or final) protection order due to domestic violence, stalking, sexual assault, physical harm/threats or abuse of the elderly/at-risk adult, the judge can order that the abuser:
- not have or buy any firearms or ammunition for the duration 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
Federal law may also prohibit the abuser from having a firearm while a temporary order is in effect but it's not likely. If the judge gave you an ex parte temporary protective order (which means that no advance notice was given to the abuser), which is commonly done, it could still be legal for him/her to have a gun under federal law. However, if the judge scheduled a court hearing and gave notice of the hearing to the abuser before giving you the temporary protective order, it is possible that it is illegal for him/her to have a gun under federal law. The protective order must also meet certain other requirements, though. Read I have a final order of protection against the abuser. Can his/her gun be taken away? (in our Federal Gun Laws section) to find out more.
1 Colo. Rev. Stat. § 13-14-105.5(1)(a) & (2)(c)