How a Domestic Violence Charge Can Take Away Your Gun Rights in Colorado

Why Even an Arrest Can Cost You Your Firearms in Colorado

Few areas of Colorado law collide as hard as domestic violence and gun rights. As the founder of Christian A. Schwaner, P.C., I have spent more than 20 years representing clients in Colorado Springs who never imagined a heated argument or a misunderstanding could cost them their rifles, their handguns, their hunting tradition, or in some cases their livelihood. The truth is that a single domestic violence charge in Colorado can strip your firearm rights before a judge ever decides whether you are guilty.

If you are a gun owner, a hunter, an active or retired service member, or a Coloradan whose career depends on lawful firearm possession, this is the article I want you to read before you say a word to police. Understanding how Colorado and federal law intersect on domestic violence and gun rights is the first step in protecting both.

The Federal Lautenberg Amendment and Colorado Convictions

The Lautenberg Amendment to the Gun Control Act permanently prohibits anyone convicted of a “misdemeanor crime of domestic violence” from possessing firearms or ammunition under federal law. That is a lifetime ban — no expiration, no early restoration in most cases, and no exception for police officers or active-duty military.

What surprises most clients is how broadly this federal definition reaches. Under Lautenberg, a qualifying conviction requires:

• A misdemeanor offense — felony DV convictions trigger a separate, equally severe firearm bar
• The use or attempted use of physical force — or threatened use of a deadly weapon
• A protected relationship — current or former spouse, cohabitant, parent, guardian, or someone you share a child with

Many Colorado misdemeanor pleas that look minor on paper — third degree assault, harassment with a domestic violence enhancer, even some disorderly conduct dispositions — fall squarely inside Lautenberg. Once that conviction is entered, federal law kicks in regardless of what state law says.

Mandatory Protection Orders: Your Guns Go First, Questions Later

In Colorado, the moment you are charged with a domestic violence offense — not convicted, just charged — the court is required by C.R.S. § 18-1-1001 to enter a mandatory protection order against you. That order, which takes effect at your first court appearance, almost always includes:

• An order to relinquish all firearms and ammunition — typically within 24 to 72 hours
• A prohibition on purchasing new firearms — for the duration of the case
• No-contact provisions with the alleged victim
• A requirement to file proof of relinquishment with the court

This is not an optional step. Failure to relinquish — or even a delay in filing the proof of compliance — can result in additional criminal charges and immediate jail time. As a Colorado Springs domestic violence attorney, the very first conversation I have with a new client often involves coordinating compliant firearm transfers with a licensed dealer, a family member who passes a background check, or law enforcement holding.

Colorado’s Red Flag Law and Domestic Violence Allegations

Beyond the mandatory protection order, Colorado’s Extreme Risk Protection Order (ERPO) statute — better known as the red flag law — adds another layer of risk. A family member, household member, or law enforcement officer can petition the court to temporarily seize your firearms if they allege you pose a significant risk. Domestic violence allegations are one of the most common triggers for an ERPO petition.

An ERPO can:

• Be issued ex parte — meaning without your knowledge or input
• Result in immediate firearm seizure — sometimes the same day
• Last up to 364 days — and be renewed
• Be entered against you even if no criminal charge is ever filed

Defending against a red flag petition requires a fast, evidence-driven response. The ERPO hearing is generally scheduled within 14 days, and the burden is on you to demonstrate that the allegations do not meet the statutory standard.

How Plea Deals Affect Your Future Right to Own a Firearm

This is where experienced defense work pays for itself. Many clients arrive at my office assuming a quick plea is the easy way out. In domestic violence cases, that assumption is almost always wrong. The wrong plea — even to a “lesser” offense — can permanently revoke your firearm rights under federal law, while a carefully structured disposition can preserve them.

Strategies I evaluate in every Colorado Springs DV case include:

• Negotiating a plea to a non-domestic offense — removing the DV enhancer when the facts support it
• Pursuing a deferred judgment — which, if completed successfully, results in dismissal and avoids a Lautenberg-qualifying conviction
• Challenging the relationship element — Lautenberg requires a specific protected relationship, and the prosecution must prove it
• Litigating the use-of-force element — verbal arguments without physical contact may not qualify under federal law
• Filing a motion to dismiss the protection order — when the alleged victim does not support continued restrictions

None of these strategies are automatic. They require an attorney who understands the intersection of Colorado domestic violence law and federal firearms statutes — and who is willing to fight for the disposition that actually preserves your rights.

Restoring Your Gun Rights After a Colorado DV Case

If you already have a domestic violence conviction on your record, you may still have options. Colorado has expanded its record sealing statutes in recent years, and certain dispositions — particularly successfully completed deferred judgments and dismissed cases — may now be eligible for sealing. While sealing does not always restore federal firearm rights on its own, it can be a critical first step in a broader rights-restoration strategy that may include set-aside motions, executive clemency, or vacating the underlying plea on legal grounds.

Every situation is different, and federal firearm restoration is notoriously complex. The right approach depends on the specific statute under which you were convicted, the date of the conviction, and the evidence available today.

Why an Aggressive Defense Is Your Best Path to Protecting Your Rights

Domestic violence cases in Colorado are charged quickly and prosecuted aggressively. Many are based on a single statement, a 911 call, or a misinterpretation of a heated moment. As a former prosecutor, I know exactly how these cases are built — and exactly where they tend to fall apart. From challenging recanting witnesses and inconsistent statements to suppressing improperly obtained evidence, an experienced Colorado Springs criminal defense attorney can transform the trajectory of a DV case.

And in every one of those cases, my goal is not just to win in the courtroom. It is to win in a way that leaves your firearm rights, your career, and your reputation intact.

Speak with a Colorado Springs DV Defense Attorney Today

If you have been arrested for domestic violence in El Paso County — or if a protection order has already required you to surrender your firearms — the next step matters more than the last. The decisions you make this week will shape your gun rights, your record, and your future for years to come.

Contact my office today for a confidential, free consultation. Call (719) 577-9700 or submit the online form, and I will personally evaluate your case, explain how Colorado and federal firearms law apply to your situation, and lay out a defense strategy designed to protect everything you have worked for.

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