What Disqualifies You from Owning a Gun in Colorado?
As a resident of Colorado, you may be interested in obtaining a permit to purchase and own a firearm. However, prior to applying, it is essential to understand the qualifications and disqualifications under Colorado state law. Failure to comply with these regulations can result in the denial of your permit or, in severe cases, lead to criminal charges.
Background Checks
In Colorado, background checks are required for all firearms purchases through licensed firearms dealers. This includes gun shows, over-the-counter sales, and private transfers. The goal of background checks is to ensure that individuals purchasing guns are legally eligible to do so. If an individual’s background check comes back "delayed pending further information," it’s essential to provide the requested documentation or risk having your permit application denied.
Disqualifying Criteria
There are several circumstances that may disqualify you from owning a gun in Colorado. These include:
- Felony Conviction: If you have a felony conviction in Colorado or any other jurisdiction, you are disqualified from owning a firearm.
- Domestic Violence Misdemeanor: Any conviction of a domestic violence misdemeanor offense, including criminal mischief, harassment, stalking, and disorderly conduct, will disqualify you from owning a firearm.
- Misdemeanor Conviction within the Past 5 Years: Any misdemeanor conviction in the past 5 years that involved a controlled substance or was punishable by more than 2 years in jail can disqualify you from owning a firearm.
- Mental Illness: If you are diagnosed with a mental illness, you may be subject to involuntary commitment or disqualified from owning a firearm under Colorado’s Red Flag Law. Any involuntary commitment order or protection order issued to protect the individual from him/herself can trigger a background check and result in gun ownership disqualification.
- Drug Violations: Any conviction involving controlled substances, including manufacturing, distributing, or trafficking, will disqualify you from owning a firearm.
- Receivership or Bankruptcy: If you’re under court-ordered receivership or bankruptcy, your gun ownership rights may be suspended.
- Fugitive from Justice: If you are a fugitive from justice, which means you have escaped or evaded arrest, service of a summons, or execution of a court judgment, you are disqualified from owning a firearm.
- Under Indictment for a Felony Offense: If you’re under indictment for a felony offense, you are prohibited from owning a firearm until the indictment is dismissed, nolle prossed, or your conviction is overturned.
Additional Considerations
Before applying for a permit, it’s essential to disclose any:
- Child Support Delinquency: Failure to pay court-ordered child support payments can lead to gun ownership disqualification.
- Student Loan Default: If you’ve defaulted on a student loan, you may be subject to gun ownership disqualification.
- Custodial Arrangements: If there are restraining orders or domestic violence charges involving a shared child or children, gun ownership disqualification may occur.
- Recent Divorce or Separation: If you’ve undergone a recent divorce or separation, any restraining orders or domestic violence charges may result in gun ownership disqualification.
Table: Key Disqualifying Criteria for Gun Ownership in Colorado
| Criterion | Description | Consequence |
|---|---|---|
| Felony Conviction | Conviction of a felony offense in Colorado or any other jurisdiction | Gun ownership disqualification |
| Domestic Violence Misdemeanor | Conviction of a domestic violence misdemeanor offense | Gun ownership disqualification |
| Misdemeanor Conviction within 5 Years | Misdemeanor conviction involving a controlled substance or punishable by more than 2 years in jail, within the past 5 years | Gun ownership disqualification |
| Mental Illness | Involuntary commitment or protection order issued to protect the individual from themselves | Gun ownership disqualification |
| Drug Violations | Conviction involving controlled substances, including manufacturing, distributing, or trafficking | Gun ownership disqualification |
Conclusion
Colorado state law has strict regulations and disqualifying criteria in place for gun ownership. It is crucial to carefully review and understand these guidelines before applying for a permit. Any failure to disclose disqualifying criteria or misinformation provided during the application process can result in permit denial or even criminal charges. If you have questions or concerns, consult with a licensed attorney or a local law enforcement agency for guidance. By understanding the disqualifying criteria and following the correct procedures, you can navigate the application process successfully and enjoy the rights and freedoms associated with gun ownership in Colorado.
