The moment police respond to a domestic disturbance, your 2nd Amendment rights are already on borrowed time. In Colorado, you have 24 hours to surrender your firearms as a condition of release — before a judge or jury has decided anything. And if the case ends in the wrong kind of conviction, federal law can bar you from ever owning a firearm again. Not for five years. Not for ten. For life.
This is one of the most frequently asked questions at the Law Office of Daniel H. Kyser: "If I get convicted of domestic violence in Colorado, do I lose my gun rights?" The honest answer is that most people lose them, many lose them permanently, and almost none of them understood what was at stake when they accepted a plea. This article explains exactly how a Colorado domestic violence charge affects your 2nd Amendment rights — and what experienced counsel can do to preserve them.
The 24-Hour Rule: You Lose Your Guns Before You're Convicted
Colorado law requires that anyone charged with a domestic violence offense give up possession of their firearms within 24 hours as a condition of pretrial release. This surrender order is technically "temporary," but it stays in effect until the case is closed or the court orders otherwise. That means from the day of your arrest until the day your case is resolved — which could be months or more than a year — you cannot legally possess a firearm in Colorado.
This applies even if:
- You have never been convicted of anything
- The allegation is contested or demonstrably false
- The alleged "violence" was a phone call, text message, or property damage
- The accuser later recants
The court does not wait for proof. The firearm surrender is built into the release conditions, and violating it is a separate offense.
The Federal Lifetime Ban: The Lautenberg Amendment
The far more dangerous threat is not state law — it's federal law. Under the federal Lautenberg Amendment (18 U.S.C. § 922(g)(9)), any person convicted of a "misdemeanor crime of domestic violence" is prohibited from ever possessing a firearm or ammunition in the United States. Ever. A simple misdemeanor plea — one that carries no jail time and looks like a great deal at the arraignment — can quietly strip you of your 2nd Amendment rights for the rest of your life.
- Whether the offense was a misdemeanor or felony
- Whether Colorado would otherwise restore your gun rights
- Whether the sentence was probation, a fine, or a deferred outcome later dismissed (in many circumstances)
- Whether you have an otherwise clean record
Federal law also prohibits anyone convicted under its definition of domestic violence from owning certain destructive devices. This is not something that can be negotiated with your local Colorado prosecutor — it is triggered automatically the moment the conviction is entered.
Not Every Domestic Violence Plea Triggers the Lifetime Federal Ban
Here is where experience matters. Not every Colorado domestic violence conviction meets the federal definition of a "misdemeanor crime of domestic violence." The federal statute has specific elements — the use or attempted use of physical force, or the threatened use of a deadly weapon — and a specific relationship requirement. A skillfully negotiated plea to a non-qualifying offense, or a sentencing argument after trial that avoids the triggering findings, can sometimes save your 2nd Amendment rights.
This is not something an inexperienced lawyer is going to spot at a plea offer meeting. Public defenders and low-fee "factory" firms are under enormous pressure to move cases, and the constitutional implications of a particular plea often get brushed aside in favor of a quick resolution. By the time a client realizes what they gave up, the plea is entered, the conviction is final, and the federal ban is permanent.
If a domestic violence conviction truly cannot be avoided, the goal shifts. A creative plea negotiation, a strategic sentencing argument, or a trial verdict on a lesser charge can mean the difference between losing your gun rights forever and walking out of court with your 2nd Amendment intact.
Civil Protection Orders Can Also Take Your Guns — Forever
Many Coloradans do not realize that a civil protection order made permanent can impair 2nd Amendment rights the same way a criminal conviction can — even if you were never charged with a crime. A permanent civil protection order that includes a finding of domestic violence can trigger firearm restrictions that last indefinitely. Unlike a criminal sentence that eventually ends, a civil protection order stays in effect forever or until the court modifies or dismisses it.
If you already have an old permanent protection order against you, Colorado law does allow you to petition the court to modify or dismiss it when certain conditions are met. If the court dismisses the order, your 2nd Amendment rights can be restored. But the time frame on civil protection order hearings is compressed, and the preparation required is often substantial. Do not risk letting a temporary order become permanent and then trying to undo the damage years later.
What an Experienced Colorado Domestic Violence Attorney Can Do
At the Law Office of Daniel H. Kyser, protecting our clients' constitutional rights is not an afterthought — it is part of the defense strategy from day one. With more than 19 years of courtroom experience and recognition as a Top 100 Trial Lawyer, Attorney Daniel Kyser brings the trial-tested judgment needed to:
- Challenge the underlying domestic violence allegation before a plea is ever on the table
- Identify whether the prosecutor's offer would trigger the federal lifetime firearm ban
- Negotiate alternative dispositions that preserve your 2nd Amendment rights where possible
- Prepare and try cases to verdict when the prosecution's offer is unacceptable
- Petition to modify or dismiss old civil protection orders that are still restricting your gun rights
The Law Office of Daniel H. Kyser represents clients across Denver, Arapahoe, Jefferson, Douglas, and Adams counties. The firm is based in Greenwood Village, Colorado.
Frequently Asked Questions
Can I keep my guns if I'm only charged with domestic violence, not convicted?
No. Colorado law requires firearm surrender within 24 hours as a condition of pretrial release, regardless of whether you are ultimately convicted.
Does a misdemeanor domestic violence conviction really cost me my gun rights for life?
Under the federal Lautenberg Amendment (18 U.S.C. § 922(g)(9)), a conviction for a qualifying misdemeanor crime of domestic violence results in a lifetime federal ban on firearm and ammunition possession. It applies nationwide, regardless of what state law says.
Are all Colorado domestic violence convictions covered by the federal lifetime ban?
No. The federal definition is specific and requires certain elements to be present. A carefully negotiated plea to a non-qualifying offense, or a favorable verdict at trial, can avoid triggering the federal ban — but this requires experienced counsel who understands the federal statute and how Colorado charges map onto it.
Can a civil protection order take away my gun rights even if I'm never charged with a crime?
Yes. A permanent civil protection order that includes a finding of domestic violence can impair your 2nd Amendment rights indefinitely. No criminal charge or conviction is required.
Can I get my gun rights back if I already have a permanent protection order against me?
Possibly. Colorado law allows a person subject to a permanent civil protection order to petition the court to modify or dismiss it if certain conditions are met. If the order is dismissed, your 2nd Amendment rights can be restored.
How quickly do I need to contact an attorney after being charged with domestic violence in Colorado?
Immediately. Protection order hearings move quickly, firearm surrender is triggered within 24 hours, and early decisions — including what you say to police and what you agree to at your first court appearance — can shape the entire outcome of your case.
Protect Your Rights — And Your 2nd Amendment — Today
Your constitutional rights are too important to leave to chance or to inexperienced counsel. If you are facing a domestic violence charge, a civil protection order, or are living under an old order that is still restricting your gun rights, the Law Office of Daniel H. Kyser is ready to help.
Call 303-831-6111 for a free, confidential consultation, or request a case evaluation online. Learn more about our Colorado domestic violence defense and Colorado protection order practices.
Law Office of Daniel H. Kyser — 5950 S. Willow Drive, Suite 250, Greenwood Village, CO 80111. Serving Denver, Arapahoe, Jefferson, Douglas, and Adams counties.
