I have a temporary order against the abuser. Can the abuser have a gun?
Under Colorado law, the judge generally cannot order an abuser to give up his/her guns in an ex parte order, which is an order issued without prior notice to the abuser.1
However, if your temporary order is continued after the abuser has been served with notice of your petition and has the chance to appear in court, the judge can 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.2
In addition to a temporary protection order due to domestic violence, these protections can also be included in protection orders due to stalking, sexual assault, physical harm/threats, or abuse of the elderly/at-risk adult.3
1 See Colo. Rev. Stat. § 13-14-105.5(1)(a)
2 Colo. Rev. Stat. § 13-14-105.5(11), (1)(a); see CITATION AND TEMPORARY CIVIL PROTECTION ORDER ISSUED PURSUANT TO §13-14-104.5, C.R.S.
3 See Colo. Rev. Stat. § 13-14-105.5(1)(a)