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

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. Best answer

    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. 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 response is based only on the information given. It should not be relied upon without consulting a lawyer and getting a full consultation. This response to the question does not create an attorney-client relationship. This is general informational response is based only on the information given. It should not be relied upon without consulting a lawyer and getting a full consultation. This response to the question does not create an attorney-client relationship. Mark Solomon Criminal Defense Attorney Solomon Law, P.C. 2600 S. Parker Rd, Suite 3-134, Aurora, CO 80014 (720) 722-2050 http://www.solomonesq.com/


  3. 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 a free consultation with Mr. Bryans, call The Bryans Law Office at (303) 832-2930.


  4. 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. You are not to rely upon my note above in any way, but insted need to sit down with counsel and share all relevant facts before receiving fully-informed legal advice. If you want to be completely sure of your rights, you must sit down with an experienced criminal defense attorney to be fully aware of your rights.

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