Blog

The Importance of an Experienced Domestic Violence Lawyer: Part 1 Firearms and Misdemeanor Domestic Convictions

Gun Rights Forfeiture with a Domestic Violence Conviction

Pursuant to Section 18-6-801(8)(a)(1) of the Colorado Revised Statutes, “if a defendant is convicted of any crime, the underlying factual basis of which is found by the court on the record to be a misdemeanor crime of domestic violence” the court must order the defendant to refrain from possessing or purchasing a firearm.  Additionally, the court must order the defendant to relinquish all firearms in his or her possession.

It is common knowledge that a felony conviction will strip a citizen of their constitutional right to own or possess a firearm. However, in Colorado it is now equally clear a misdemeanor conviction with an underlying domestic violence factual basis will cause the forfeiture of this very important right.

Therefore, even misdemeanor convictions such as harassment or third degree assault and even municipal ordinance violations will cause a person to forfeit their Second Amendment right to own or possess a firearm.  As noted in the attached article from the Denver Post, these cases have real long-term consequences.  

These are complicated cases in which prosecutors will employ prior misconduct evidence and expert witnesses in order to secure a conviction. These are not cases in which you should consider a cheaper less experienced lawyer. If you or a family member are accused of Domestic Violence, make the right choice and call the experienced Domestic Violence Lawyers at LFM Defense.

LFM Defense: Your Experienced Domestic Violence Lawyers

http://dpo.st/2nG7wAL

Let’s talk about it.

If you’ve been charged with a crime or are concerned that you will be charged, please contact us to discuss your legal rights and receive professional advice regarding your case.