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EspañolIf the abuser's gun is taken away, what will happen to it?
If there is a provision in your protection order that says that the abuser has to surrender his/her guns, the guns could be kept by the sheriff department in his/her county, or in some cases, law enforcement will allow the abuser to leave the guns with a friend or relative while the protection order is in effect. If the abuser’s gun is taken by the police because it was used in a crime, it will be sold or destroyed.1
If you are not sure where the abuser’s gun is and you think that the abuser could have access to it, it is a good idea to consider making a safety plan. See our Safety Planning page to learn more about how to increase your safety. You can also contact a local domestic violence organization for additional help. Visit our CO Advocates and Shelters page to find a local domestic violence organization near you.
1 Colo. Rev. Stat. § 16-13-311
Who do I notify if I think the abuser should not have a gun?
If you think the abuser is violating state firearm laws, you can call your local police or sheriff department or the State Police. If you think the abuser is violating federal firearm laws, you can call the Bureau of Alcohol, Tobacco and Firearms (ATF).
You can find contact information for sheriff departments in your area on our CO Sheriff Departments page.
You can find ATF field offices in Colorado on the ATF website. For reporting illegal firearm activity, a person can also call 1-800-ATF-GUNS (1-800-283-4867). Many ATF offices have victim advocates on staff (called “victim/witness coordinators”) and so perhaps you may ask to speak one of these advocates if you are having a hard time connecting with (or receiving a call back from) an ATF officer.
A local domestic violence organization in your area may also be able to answer your questions and assist you in talking to the necessary law enforcement officials. You will find contact information for organizations in your area on our CO Advocates and Shelters page.
Note: Generally, the abuser does not have to have knowledge of the law in order to be arrested for breaking the law. If the abuser has or buys a gun in violation of the law, the abuser can be arrested, whether or not s/he knows that s/he was in violation of the law.1
1United States v. Lippman, 369 F. 3d 1039 (8th Cir. 2004); United States v. Henson, 55 F. Supp. 2d 528 (S.D. W.V. 1999)
What is the penalty for violating state or federal firearm laws?
While a protection order is in effect, if the respondent possesses, or attempts to possess, a firearm or ammunition, s/he has committed the crime of violation of a protection order, which is a class 2 misdemeanor. It can be a class 1 misdemeanor if any of the following are true:
- the abuser was previously convicted of violating a protection order;
- the protection order was issued as part of a criminal case and meets the requirements in section 18-1-1001 of the law;
- the basis for issuing the protection order included an allegation of stalking; or
- the parties were in an intimate relationship.1
The punishment for a class 2 misdemeanor is up to three months imprisonment, a fine of up to $750, or both. The punishment for a class 1 misdemeanor is up to 12 months imprisonment, a fine of up to $1,000, or both.2
If someone who was convicted of a felony, or attempt or conspiracy to commit a felony, is in possession of a firearm, it can be a class 5 or 6 felony depending on the underlying felony conviction, the length of time since that felony conviction, and other factors.3 The punishment for a class 5 felony is between one and three years, a fine of between $1,000 and $100,000, or both. The punishment for a class 6 felony is between one and one and a half years, a fine of between $1,000 and $100,000, or both.4
Also, anyone who has or buys a gun in violation of the federal firearm law can be punished by a fine, jail time for up to ten years, or both.5 For more information, see our Federal Gun Laws page.
1 Colo. Rev. Stat. § 18-6-803.5(2)(a)
2 Colo. Rev. Stat. § 18-1.3-501(1)(a.5)
3 Colo. Rev. Stat. § 18-12-108
4 Colo. Rev. Stat. § 18-1.3-401(1)(a)(V)(A), (1)(a)(III)(A), (1)(a)(V.5)(A)
5 18 USC § 924(a)(2)
What will happen if the abuser tries to purchase a gun?
Before purchasing a gun from a licensed firearm dealer, all buyers must undergo a criminal background check that is processed through the National Instant Criminal Background Check System (NICS). The National Instant Criminal Background Check System is used by federal firearms licensees (FFLs), such as firearms dealers or pawnbrokers, to instantly determine whether someone is eligible to receive (own, possess, transport) firearms or explosives.1 If the abuser has a qualifying protection order against him/her, or has been convicted of a felony or domestic violence misdemeanor in any state, those records should be in the NICS, which should prevent the abuser from legally buying a gun. Not all states have automated record keeping systems, making it more difficult to process the criminal background check, and some criminals and abusers do slip through the system. Also, it is important to know that background checks are not required for private and online gun sales and so in those situations, the seller is not looking in the NICS.
If the abuser is able to purchase a gun and you believe that s/he should not be able to have one under the law, you can alert the police, and ask that his/her gun be taken away and perhaps the police will investigate. Generally, it is not a good idea to assume that because the abuser was able to buy a gun, it is legal for him/her to have one.
