In Colorado, I have a misdemeanor conviction for criminal mischief, with a domestic violence attached. Can I own a firearm?

Asked almost 2 years ago - Arvada, CO

I am going to be done with my probation sentence in a couple of months, and my probation officer told me today, that there was a way to appeal to someone (she didn't know who), to have my gun rights restored. Does anyone know anything about this, or how it works?

Attorney answers (4)

  1. Laurie Ann Schmidt

    Pro

    Contributor Level 12

    3

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    Best Answer
    chosen by asker

    Answered . As Mr. Solomon indicated you are prohibited from owning or possessing a gun. This is a federal statute, not a state statute. Thus, even if you were able to restore your gun rights in Colorado, you would still be a prohibited person under federal law.

  2. Richard Waldron Bryans Jr.

    Contributor Level 16

    2

    Lawyers agree

    Answered . I agree with Mr. Solomon. I think he meant to write that if it were a deferred judgment, then there would not be a conviction.

    The information provided in this answer does not create an attorney-client relationship. If you are interested in... more
  3. Mark S. Solomon

    Contributor Level 15

    1

    Lawyer agrees

    Answered . No, you cannot possess a firearm or ammunition.

    18 USC 922(g)(9) prohibits a person from possessing these things after being convicted of a misdemeanor crime involving domestic violence.

    If this was a straight forward conviction, The only remedy I know for you is to have the conviction vacated or expunged, both of which are near impossible in Colorado.

    If this was a deferred judgment, you have hope: once dismissed, the case would to be considered a conviction.

    You can reach Mark Solomon at (720) 722-2050 for clarifications to any answers here. This is general informational... more
  4. Daniel Nelson Deasy

    Contributor Level 20

    1

    Lawyer agrees

    Answered . I agree with all of my colleagues -- you are out of luck at this point unless you can somehow convince a prosecutor in the jurisdiction of conviction that they should re-open your case to let your plea change -- that is highly unlikely but I would say impossible unless you get an attorney to help you with that process.

    In no way am I offering you legal advice, and in no way has my comment created an attorney-client relationship.... more

Related Topics

Misdemeanor crime

A misdemeanor is a lesser criminal charge, such as trespassing or disorderly conduct, that is punishable by less than one year in prison and/or a fine.

Domestic violence

Domestic violence is physically, sexually, emotionally, economically, or mentally abusive behavior used to control an intimate romantic partner.

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