Gun Rights and Domestic Violence Charges in Colorado: Relinquishment Laws and Concealed Carry

For gun owners in Colorado, a domestic violence accusation triggers immediate and severe consequences regarding Second Amendment rights. Whether you reside in Jefferson County, Pueblo, or anywhere else in the state, the combination of local statutes and federal regulations creates strict guidelines you must follow. Failing to understand these rules can lead to additional felony charges. This guide explains how the relinquishment laws work, the impact on your concealed carry permit, and the steps to legally transfer your weapons.

The Federal Lautenberg Amendment and Colorado Law

Gun rights in domestic violence cases are governed by both state and federal rules. Under the federal Lautenberg Amendment, 18 U.S.C. § 922(g)(9), anyone convicted of a misdemeanor crime of domestic violence involving physical force or the threatened use of a deadly weapon is permanently prohibited from possessing firearms. Colorado law takes this further by requiring firearm relinquishment immediately upon criminal charging and the issuance of a mandatory protection order.

Step 1: Receiving the Relinquishment Order

When you appear before a judge in a Colorado court after an arrest, the judge will issue a mandatory protection order under C.R.S. § 18-1-1001. If the case involves a domestic violence enhancer, the judge must order you to relinquish all firearms and ammunition in your possession or control. The clock starts ticking immediately after the hearing.

Step 2: Meeting the 24-Hour Deadline

Under C.R.S. § 18-1-1001(9), you have exactly 24 hours from the time the criminal protection order is issued to surrender your weapons. Depending on the county and the specific instructions from the court, you typically have three legal avenues for relinquishing your firearms.

Step 3: How to Legally Transfer Firearms

You cannot simply hide your guns in your garage or give them to your spouse. You must transfer them legally. You generally choose one of the following methods:

• Local Law Enforcement Agency: You can surrender them to your municipal police department or county sheriff's office (such as the Denver Police Department, Denver or the El Paso County Sheriff's Office, Colorado Springs). Ensure they accept property for temporary storage under court order. Note that state investigative agencies like the Colorado Bureau of Investigation do not accept firearms for private storage.
• Licensed Firearms Dealer (FFL): You can transfer them to a federally licensed dealer. Many gun shops offer storage services for individuals under protection orders.
• Private Party Transfer: You can transfer them to an eligible private party, like a trusted friend or family member, but they must pass a background check and they cannot live in the same house as you.

Step 4: Filing the Relinquishment Affidavit

After transferring your firearms, you must formally prove compliance to the court. Under C.R.S. § 18-1-1001(9)(e)(II), you must file Form JDF 688, Colorado, Judicial Branch, Affidavit of Relinquishment of Firearms and/or Ammunition (Criminal) with the court clerk within seven business days of the order. This filing must be accompanied by the written transfer receipt (Form JDF 689, Colorado, Judicial Branch, Firearm Sale or Transfer Receipt (Criminal)) or signed declaration (Form JDF 690, Colorado, Judicial Branch, Firearm Relinquishment Declaration (Criminal)), itemizing the make, model, and serial number of each surrendered weapon.

Step 5: The Impact on Your Concealed Handgun Permit (CHP)

If you hold a Colorado Concealed Handgun Permit, the local sheriff will suspend or revoke it immediately upon your arrest for a domestic violence offense. If you are ultimately convicted, the revocation becomes permanent. You must surrender your physical permit card along with your firearms.

Defending Against Failure to Relinquish Charges

Ignoring the judge's order to hand over your guns is incredibly risky. If the prosecutor discovers you retained access to firearms, you can be charged under C.R.S. § 18-6-803.5(2)(a) with a Class 1 Misdemeanor for violating a domestic violence protection order, exposing you to up to 364 days in jail and additional fines. Furthermore, lying on your affidavit constitutes perjury. If you are struggling with compliance or the timeline, it is crucial to hire a local attorney from our US Lawyer directory to petition the court for an extension or to handle the transfer safely on your behalf.

Can You Ever Get Your Guns Back in Colorado?

Whether you can recover your relinquished firearms depends directly on the legal resolution of your underlying domestic violence charges:

• Dismissal or Acquittal: If your criminal charges are dismissed or you are found not guilty at trial, the mandatory protection order dissolves. Under C.R.S. § 18-1-1001(9)(i), you may petition the court for the return of your property. Before releasing firearms, the storing agency or FFL must run a background check through the Colorado Bureau of Investigation, Lakewood to verify that you are not otherwise prohibited under state or federal law.
• Convictions Involving Physical Force: Under the federal Lautenberg Amendment (18 U.S.C. § 922(g)(9)), any misdemeanor conviction having as an element the use or attempted use of physical force or a deadly weapon against an intimate partner results in a permanent lifetime ban on firearm possession. In these cases, you cannot reclaim your weapons; you must legally sell them through an FFL or forfeit them.
• Non-Violent Property Offenses: If your conviction is for a non-violent offense with a domestic violence enhancer (such as criminal mischief involving property damage without force or threat of force), the federal lifetime ban may not apply, but state probation conditions under C.R.S. § 18-6-801(8) will prohibit firearm possession for the entire duration of your sentence.

How Much Does Firearm Storage Cost in Colorado?

Surrendering your guns often comes with unexpected costs, particularly if you choose to use a commercial dealer.

How Long Does the Process Take?

The relinquishment phase is incredibly fast, demanding compliance within 24 hours and paperwork filed within seven business days. Getting your guns back, however, takes much longer. If your case is dismissed or you are found not guilty, the process to retrieve your firearms usually takes 2 to 4 weeks after the case concludes, as you must file a motion to return property and pass a new background check.

Frequently Asked Questions (FAQ)