How Colorado’s Gun Laws are Abdicated on Domestic Violence Cases

By September 3, 2021Bail Bonds, News
Colorado’s Gun Laws

People have used guns for centuries to protect themselves from possible harm. In today’s world, guns have not been only used for protection and security but also for sports and recreation. However, the right to own a gun has also increased the number of people using firearms for crimes and wrongdoings. In the United States, each state has established gun laws and regulations to control the purchase and use of guns. There are two different ways in which a person can carry firearms: open carry is the act of carrying a gun in public in which the people can see. The other one is concealed carry wherein it is the practice of carrying a weapon in a concealed manner. 

The Gun Control Act of 1968 (GCA) which regulates the federal use of firearms, requires that citizens and legal residents must be at least 18 years old to be able to purchase shotguns and rifles with ammunition. As for the handguns and all other guns thereof, can only be purchased by 21 years old or older. In Colorado, the person who wants to purchase a gun would need to pass a criminal history background check. This applies to any purchases from any gun shop, gun show, and even online purchases. However, the law prohibits gun sale on the following persons:

  • Fugitives
  • People with prior felony convictions
  • Patients involuntarily admitted to mental institutions
  • Dishonorable discharge from military
  • People with restraining orders
  • Certain Drug Addictions
  • Lack of Documentation to reside in the U.S.
  • People with domestic violence convictions

Some may argue that guns are needed to protect themselves from home invasion, robbery, and assault. However, improper gun use has also increased the number of domestic violence since people who own a gun use it to threaten their partner. Domestic violence is an act of violence against a person wherein the offender has or had an intimate relationship. In this case, the intimate relationship may mean current or former spouses, current or unmarried couples, or parents of the same child whether married or not. If you are charged with domestic violence, check out the 24 hour bail bonds company so we can help. 24 hour bail bonds in Colorado are easy to access and they are reliable anytime.

During the COVID-19 pandemic, domestic violence has spiked when the restrictions have been lifted. In September 2020, 33-year-old Clarissa Ford from Denver, Colorado was shot and killed by her fiancé before ending his own life. She is one of the hundreds of victims of domestic violence reported as the restrictions have been lifted. The surge in domestic violence is associated with the mental effects of the pandemic due to the overwhelming stress and financial instability brought by the current situation. Commonly, domestic violence involves physical injury due to an intentional act by a person that caused bodily harm. Physical harm might involve hitting, pushing, slapping, pulling hair, tying to a chair or it might involve using objects to inflict pain. And sometimes the use of a firearm would inflict a more serious injury or even death to the victim. Thus, the risk of being killed by someone with a firearm is five times higher according to a study conducted by John Hopkins University.

In Colorado, a proposed law for domestic violence aims to ensure that the firearms are surrendered when a judge grants a protection order against them. In this case, the suspects are required to relinquish any firearm or ammunition in possession or control. If the said firearms cannot be relinquished immediately, the court will order that it should be released from custody within 24 hours. Good thing there are 24 hour bail bonds if in case of emergency.

House Bill 21-1255 which was sponsored by Democratic Representative Monica Duran of Denver and Matt Gray of Broomfield further expands and clarifies the existing state law on relinquishing guns. The bill summarizes below:

  • The act modifies the procedures required relating to a suspect’s firearms and ammunition in the issuance of a protection order against domestic violence when it involves threat, use, or attempted use of physical force.
  • The act also requires the person involved in the domestic violence to complete an affidavit which must be filed in court within 7 days after the protection order has been issued wherein it states all the necessary information regarding the firearm such as the make and model for each firearm if there are more than one. The affidavit will also require stating any reason the person is still in immediate custody or control of the firearm and the location of all firearms in the person’s immediate custody or control. If the person does not possess the firearm at the time of the issuance of the order, the person needs to indicate this in the affidavit.
  • The act requires the court to conduct a compliance hearing not less than 8 but not more than 12 business days after the protection order has been issued to ensure that the affidavit has been completed.
  • The act also excludes legal holidays and weekends from the current time frame a person must surrender a firearm. However, if the person cannot surrender the firearm on the prescribed time frame, the court can grant additional 24 hours to relinquish the firearm.
  • The act also prohibits the transfer of a firearm to a private party living within the same household and prohibits them to return it to the person until the private party has received the written statement on the results of the background check conducted to authorize the return of the firearm.

In this case, this expansion of the new state law will help to ensure that deaths will be reduced by limiting the access to firearms to those under a domestic violence protection order. This may also help save the lives of many victims and empower them until such time the perpetrator is properly prosecuted.

If you are in Denver Colorado and your loved one has been charged with domestic violence, our expert team in Reds Anytime Bail Bonds has over 40 years of bail bonding experience and offers a variety of services for your convenience. We are a 24 hour bail bonds company and the best bail bondsman on Bail Row as our client says. We will ensure that your loved ones are safely back home while awaiting trial. Call us now!