Gun Rights & Ownership
The right to own a firearm is so important that it is the Second Amendment to the United States Constitution. Colorado also guarantees the right to own firearms in The Colorado Constitution, Article 2, Section 13. Most recently, the United State Supreme Court has heard two case which further give credence to the right to the people to bear arms. However, the right to own and possess firearms can be taken from you if you have certain convictions. This is not something to take lightly for if you fall into the category of persons unable to possess or own firearms, you could face criminal charges if you own of possess them.
The most common federal law that prohibits people from owning firearms is 18 U.S.C. 922(g). This is commonly called the felon in possession law, but it is more broad that just that. For instance, if you have been convicted of a crime punishable by imprisonment over a year, 922(g) says you can’t possess or own a firearm. If you have been convicted of a crime of misdemeanor domestic violence or are subject to an order of protection, same thing. Also, if you are a fugitive from justice or are an addict or unlawful user of controlled substances were adjudicated as a mental defective or have been committed to a mental institution then again, you can’t legally possess or own firearms. Other people not allowed to own or possess firearms are an alien illegally or as a non-immigrant visa, people who have been dishonorably discharged from the military, individuals who have renounced your citizenship. There are other provisions to the law, but as can be seen, many people can get caught under this law and not even know it.
(The penalties for violating 18 U.S.C. 922(g) can be very severe. Federal Sentencing is generally much harsher than State sentencing. The Federal Government and the local United States Attorneys Offices take possession of a firearms by a person disallowed under 922(g) seriously and have, in recent years, made such prosecutions a priority, going so far as having task forces working on this issue.)
Colorado also disallows people from owning or possessing firearms if they have been convicted of a felony, even if it a juvenile offense that would have been a felony if committed by an adult. Also, if you are on probation or subject to an order of protection. There are other provision to the law, but again, as can be seen, you can get in trouble under Colorado law in a number of ways.
If you have questions about your ability to own or possess firearms or weapons, contact Miller Leonard, PC at 303-907-9516.
