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
Also, according to Colorado state law, a person cannot get a permit to carry a concealed handgun if there is a:
- temporary (or final) 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;
- temporary (or final) extreme risk protection order issued against him/her.4
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
3 See Colo. Rev. Stat. § 13-14-105.5(1)(a)
4 Colo. Rev. Stat. §§ 18-12-203(1)(a)-(g); 18-12-108