Red Flag Laws

As of January 1, 2020, Colorado’s new “red flag” law has been in place. Family, members of the household, and/or law enforcement may petition the court for an “Extreme Risk Protection Order” (ERPO). If you are named in the petition as someone deemed a danger to yourself or to others, any firearms in your possession will be removed. Additionally, you may not purchase or possess any firearms while the ERPO is in place.

These new “red flag” laws have sparked debate about the due process rights of accused individuals. If you feel the ERPO taken out on you, a friend, or a loved one is inappropriate, call Peak Legal at (720) 445-9779 or email [email protected] for a free consultation.

Attorneys Narum and Cohen will examine the circumstances of the case and explain your options in fighting the order and potentially reinstating your gun rights.

 

Gun Laws in Colorado

Under Colorado law, you may not purchase or possess a firearm if you:

  • Have been convicted of any felony, any attempted felony, or any conspiracy to commit a felony unless you receive a pardon;
  • Have been adjudicated as a juvenile for an offense that would have been a felony had it been committed by an adult; or,
  • Are on probation or are subject to a criminal or civil protection order issued by the court restricting firearm possession.  

It is important to note that even if you seal your felony conviction, law enforcement still has access to your conviction for purposes of a criminal history and background check. Therefore, you may not purchase or possess a firearm in Colorado.

In addition, possession of a weapon by a previous offender (convicted felon) is a separate felony offense.

 

Additional Federal Firearm Restrictions

Under federal law, you may not purchase or possess a firearm if you:

  • Have been convicted of a crime punishable by imprisonment greater than one year;
  • Have been dishonorably discharged from the military;
  • Are the subject of a court protection order;
  • Are in the United States illegally;
    • A recent U.S. Supreme Court decision in June 2019 held that in order to be prosecuted under federal law, undocumented immigrants must know:
      1. They are in the country illegally and,
      2. That they belong to a class that is prohibited from possessing firearms.
  • Have been convicted of a misdemeanor crime of “domestic violence.”
    • In Colorado, “domestic violence” is defined as any act or threatened act of violence upon a person with whom you are or have been involved in an intimate relationship. It can also involve threatened acts upon property or animals if the acts are used as a method of intimidation directed against a person with whom you have been in an intimate relationship.
    • The federal definition for “domestic violence” includes any felony or misdemeanor crimes of violence committed by any current or former spouse or intimate partner of the victim as well as a person who shares a child with the victim or is or has cohabitated with the victim.

Call (720) 445-9779 or email [email protected] to consult with Attorneys Cohen and Narum about your rights in Colorado.