When an individual in Colorado is charged with a misdemeanor assault crime, they may fear that they are no longer able to own or purchase firearms. Whether or not an individual can own or purchase a gun after a minor assault charge is ultimately determined by the baseline national standards that Federal law has established.

Under Federal law, those who have been convicted of a felony or some domestic violence misdemeanors will not be able to own or purchase a firearm. This is also true in temporary cases like restraining orders that are related to domestic violence or mental health conditions. However, Federal gun laws are merely a base for each state to expand on. There are notable gaps in Federal laws that can allow certain individuals, who have demonstrated the ability to conduct violence or self harm, to obtain and possess guns legally. These gaps are left to each individual state to cover.

So, if federal laws have not been broken during a misdemeanor assault, does that mean the charged individual is no longer able to posses or purchase firearms? Not necessarily. Here’s why.

Colorado Bureau Of Investigation

The Colorado Bureau of Investigation (CBI) is in charge of denying the transfer of a firearm to individuals that are not legally allowed to own firearms. A transfer of firearms sale can be anything from buying a gun in a store to receiving one as inheritance. No matter what, all firearm sales in CO must be accompanied by a background check. This background check is run through the CBI and national crime databases to ensure that the individual inquiring about the firearm is in fact able to legally purchase and own one. Even if they pass their background check, the owner of the firearm ultimately has say over whether or not the individual can purchase that firearm.

Ultimately, the CBI is responsible for blocking the sale or transfer of a firearm if:

• The transfer violates any federal laws

• The transfer violates any Colorado state laws

• The individual that the firearm would be transferred to has been arrested or charged with a crime that prohibits them from purchasing or possessing a firearm under federal or state law, but not yet convicted.

• The prospective transferee is charged with committing a felony punishable by imprisonment for more than one year under federal law and is the subject of an indictment, information, or felony complaint.

Extreme Risk Protection Orders

Colorado state has extreme risk protection orders available, which fall under the Red Flag law. Under this law, courts have the ability to issue extreme risk protection orders (ERPOs) which prohibit individual from possessing firearms if the individual presents a significant risk of gun violence to others or themselves.

Law enforcement officers or household members can petition to have an ERPO issued to a household member that presents the risk of committing violence. This individual is labled as an offender or respondent on legal paperwork. Under Colorado law, a household member is defined as an individual that:

• Is related to the offender by blood, marriage, or adoption

• Has a child with the offender

• Lives with the offender, or has lived with the offender in the last six months

• The offender is an ex spouse or partner

• Is currently or has been in an intimate relationship, couple relationship with the offender

• Is the offender’s legal guardian

Before a court issues a ERPO they will first issue a temporary restraining order to notify the offender, and then an ERPO will be issued. This means that the offender will be required to relinquish any guns they have as well as their concealed carry permit if they have one as well. Law enforcement officers must take any weapons that are in plain sight or that they find through legal search. These weapons can be sold to a licensed dealer, transferred to another individual or the law enforcement agency can keep them in storage.

If a law enforcement officer has filed a petition for an ERPO, the evidence and testimony provided may be applicable to obtain a search warrant. If this is the case, the search warrant will be executed upon issuance of the ERPO.

Will An Assault Conviction Prevent Me From Owning Firearms?

Simply put, it depends. If the assault conviction is related to domestic violence, then yes, the conviction will prevent an individual from obtaining or owning a firearm. If an individual has been issued an ERPO, they will not be able to own or purchase any type of gun until the ERPO is dismissed or dropped.

If two individuals have a simple physical altercation, they will most likely be able to keep their right to own firearms, as long as the charges involved do not include a felony.

However, an offender may be able to have an exception made for them if their job requires them to use a firearm. This exception must be approved by a judge and the gun can not be stored in the offender’s home.