Firearm Relinquishment with transferring your guns to another is a lawful requirement if you are charged with a felony or misdemeanor Domestic Violence charge. A Weld County judge will order the relinquishment and can revoke your bond if you don’t relinquish promptly as ordered. There are a variety of people you can transfer your guns to, and choosing which will depend on your circumstances. Let’s discuss more details below.
What Domestic Violence Charges Require You to Give Away Your Guns or Relinquish Them?
The Domestic Violence gun relinquishment legal requirement exists whether you are charged with misdemeanor Assault in the 3rd Degree or a high level felony Assault in the Second Degree accusing you of choking your girlfriend in a fight. All Domestic Violence cases require firearm relinquishment, no matter how insignificant they may appear. The court will always give you an order to get rid of your guns in short order once you are charged.
Relinquishment of Guns and Firearms in Domestic Violence Cases – What are the Rules for Family Member Transfers
Your close family members such as parents, siblings, adult children over 21 or spouses can act as transferee recipients of your guns once you are arrested or charged with Domestic Violence. While some judges are requiring close family recipients to obtain a background check from an FFL before the transfer, that is not Colorado law. Our state’s law only requires that family members be able to legally possess a firearm and that they are a close relative. Remember that you can also sell your firearms to a private party through an FFL, after they successfully complete a background check to ensure they are qualified to possess a gun.
Mandatory Court Order for Gun Relinquishment and Firearm Transfers in Weld County Domestic Violence Case
All Weld County Domestic Violence charges under C.R.S. 18-6-801 will require a transfer of your firearms to another legal recipient. Under Colorado law, judges are required to order this transfer. The idea is to preserve the peace once the peace has been breached by an act of Domestic Violence. Interestingly, the DV act does not need to be violent in any manner. We had a criminal Domestic Violence case recently where a man was charged for taking a woman roommate’s house key since she had not been paying her rent. She got to stay in the house for free while he was kicked out!
Can I Get My Guns Back After a Weld County Domestic Violence Case is Over?
Generally speaking, if you have a permanent conviction for Domestic Violence in Weld County, you may never again possess a firearm. Federal law concurs with this. In some cases, you may only have a temporary Domestic Violence case which is eventually dismissed. If this happens, in many circumstances, you may later get your gun rights back and repossess your firearms.
If you or someone you love has been charged with a Domestic Violence crime, be smart, exercise your right to remain silent, and contact the best criminal defense attorneys from the O’Malley Law Office at 970-616-6009 to schedule a free initial consultation. Together, we can protect your future.
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