How Prior Convictions Affect Gun Ownership Rights In Denver

How Prior Convictions Affect Gun Ownership Rights In Denver

Gun ownership in the United States is a constitutional right, but that right is not absolute, especially for individuals with past criminal convictions. Both federal and state laws impose limits on who can possess firearms. In Colorado, these laws work together and can affect your ability to buy, own, or carry a gun long after a case ends.

Perlman Defense Federal Criminal Lawyers help people who face gun restrictions due to prior criminal convictions. Whether it’s a past felony, a domestic violence case, or a misunderstanding in your record, we can help you understand the legal consequences and work to protect your gun rights.

If you've been told you can’t bear arms, or you’re unsure how your record affects your firearm ownership, we’ll give you straightforward answers and a strong defense. Our goal is to help you move forward while staying in compliance with the law.

Federal Firearm Restrictions

Federal law sets nationwide limits on who can legally own or purchase a gun. These rules apply in every state and are enforced regardless of local policies. If someone falls under one of the restricted categories, they cannot possess firearms legally under any federal gun laws.

Felony Convictions

Under federal law, anyone who has been convicted of a crime punishable by more than one year in prison (which usually means a felony) cannot possess firearms. This applies even if the person didn’t serve time or if the case happened long ago. Once you’re convicted, the right to bear arms is automatically revoked unless formally restored.

Domestic Violence Misdemeanors

Even people with certain misdemeanor convictions lose their gun rights under federal law. If you were convicted of a misdemeanor crime involving domestic violence, including threats or physical harm against a partner, spouse, or co-parent, you cannot legally own or buy a gun. These rules still apply, even if you entered into a plea bargain.

Colorado State Firearm Restrictions

Alongside federal law, Colorado law has its own set of restrictions on firearm possession. These state-level laws can make it even harder for someone with a criminal record to regain their firearm ownership rights.

Felony Convictions

Under Colorado law, anyone convicted of a felony is barred from owning or buying a gun. This includes felony charges resulting in a plea or conviction, regardless of the sentence. Even a felony complaint that ends in probation or deferred judgment can still result in the loss of gun rights under state or federal law.

Juvenile Adjudications

In Colorado, certain juvenile adjudications for violent or drug-related crimes can also lead to a loss of the right to bear arms. Even though these are not adult criminal convictions, the legal consequences can still follow a person into adulthood, especially when it comes to firearm-related charges.

Misdemeanor Offenses

  • Domestic violence: Even if it’s not a felony, this can strip your gun rights.
  • Bias-motivated crime: Charges tied to hate crimes can result in loss of rights.
  • Unlawful sexual contact: A conviction of this kind may also lead to a firearm ban.
  • Third-degree assault: Considered a misdemeanor, but it still affects gun owners.
  • Child abuse: Any level of conviction can restrict your right to own a firearm.

Protection Orders

A protection order, especially in domestic or harassment cases, can temporarily or permanently remove your right to bear arms. If a judge deems you an at-risk person, you could be forced to turn over your weapons even before any criminal charges are filed.

Possession of a Weapon by a Previous Offender

Possession of a Weapon by a Previous Offender

In Colorado, if you’ve been convicted of a felony, it is a separate crime to possess firearms at all. This charge is known as "Possession of a Weapon by a Previous Offender" (POWPO). It applies even if the original felony had nothing to do with violence or weapons.

A person facing a POWPO charge can face severe consequences, including new felony charges, jail time, and loss of future firearm rights. The law is strict. It doesn’t matter whether the gun was used or if it was in the home for protection; mere possession is enough for new charges. If you’ve already served your time but still have a restriction, carrying a gun can lead to arrest.

Penalties

  • Class 6 felony: First-time violations may result in a prison sentence of up to 18 months.
  • Class 5 felony: For repeat offenders or more serious cases, penalties include longer sentences and heavier fines.
  • Public safety risk: Courts take POWPO seriously because it’s considered a threat to public safety.

Restoration of Firearm Rights

Restoring your gun rights after a conviction is possible in some cases, but the legal process is complex. Whether your conviction happened in federal or Colorado state court, you must follow specific steps to request restoration.

In Colorado, you may petition the court to regain your right to bear arms, but only after completing all parts of your sentence, including parole or probation. If your case was a federal crime, you must go through federal channels, which often require a pardon or official relief from the federal government.

Your ability to restore firearm ownership may also depend on the type of crime, how long ago it occurred, and whether it involved violence, domestic violence, or sexual assault. Getting help from a lawyer is essential here, as each case requires strong legal guidance and knowledge of both state laws and federal gun laws.

Navigating Gun Purchases Post-Conviction

Navigating Gun Purchases Post-Conviction

If you’ve had criminal convictions, buying a gun can be risky, even if you think you’re eligible. Knowing what to expect before attempting a purchase is critical.

Background Checks

All firearm purchases in Colorado go through background checks, which are handled by the Colorado Bureau of Investigation. If the system finds a past felony conviction, domestic violence charge, or protection order, the sale will be blocked. These checks apply to all firearm transfers, including private sales and gun shows.

Denial Scenarios

Common reasons for being denied include old felony charges, unresolved misdemeanor convictions, or court records that were never sealed. Some people are denied due to mistakes in their file, while others face rejections for owning firearms after a disqualifying event. If you’re a prospective buyer with a record, it’s wise to check your status before you attempt to acquire firearms.

Legal Assistance and Resources

Legal Assistance and Resources

Gun laws are strict, and the legal landscape can be difficult to navigate, especially when state and federal laws overlap. Perlman Defense Federal Criminal Lawyers helps people who want to protect or regain their gun rights after past criminal convictions.

Whether you’re already facing firearm-related charges, worried about a denial, or unsure of your eligibility under federal gun laws, we can help. We offer legal representation backed by experience in both state and federal crimes, including gun and domestic violence cases. If you’re facing charges for attempting to possess firearms or you're trying to understand the long-term consequences of an past case, we’ll give you honest answers and a solid plan.

Restoring your gun rights is not automatic, but it is possible. With the right legal team and a clear understanding of your options, you can work toward getting your rights back and avoiding future charges.

FAQs

That depends on the type of misdemeanor charges. Some misdemeanor convictions, such as those involving domestic violence crimes, can result in a loss of gun rights under both state gun laws and federal law. Even if the offense doesn’t seem serious, certain offenses — especially those involving threats, harm, or weapons — can carry significant implications for your ability to own a firearm legally.

Not always. Possession of an illegal weapon can sometimes be charged as a misdemeanor, depending on the weapon and the circumstances. However, if the weapon is used during other serious offenses or if the person has a prior record, the charge can quickly escalate to a felony. That’s why it’s important to get legal advice right away if you’re ever charged.

Yes. Under federal law, individuals convicted of domestic violence crimes (even misdemeanors) are prohibited from possessing or purchasing firearms. The law applies regardless of when the case occurred or how minor it seemed at the time. The loss of rights is not temporary and remains in place until those rights are restored through proper legal steps.

Yes. In Colorado, not knowing the law is not a defense to gun-related charges. If you’re a prohibited person, because of a past conviction or active protection order, then having a gun, even unintentionally, can still result in criminal charges. This is why it’s critical to get legal help and take steps to ensure compliance with all applicable laws before purchasing or carrying a firearm.

Even if your intentions were good, the legal system still looks at whether you had the legal right to possess firearms in the first place. If you were already banned due to a prior conviction, you can still be charged—even if you were defending yourself, someone else, or even a police officer. That’s why having a qualified defense lawyer is so important to present your case clearly.

Contact Our Colorado Federal Crime Lawyer for a Free Consultation

Contact Our Colorado Federal Crime Lawyer for a Free Consultation

If your gun rights have been affected by a past conviction or if you’re being investigated for firearm-related charges, you must take action quickly. These cases can carry serious, long-term consequences, even if the offense happened years ago. Whether you’re dealing with domestic violence crimes, a past felony, or confusion around state gun laws and federal restrictions, the risk of being charged again is high if you act without legal guidance.

Perlman Defense Federal Criminal Lawyers understands how confusing the law can be, especially when federal and state rules overlap. We help people across Colorado who want to restore their right to bear arms, respond to gun-related investigations, or avoid future violations. We’ll review your case, explain what’s possible, and help you build a strategy to move forward.

Call today to schedule a free consultation. We’ll give you honest answers, clear options, and experienced legal support to protect your future.

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