Legal Information: Colorado

State Gun Laws

March 11, 2022

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 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.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:

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

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