Supreme Court Gun Ban Ruling—What Colorado Domestic Violence Defendants Should Know
In 2024, the U.S. Supreme Court issued a landmark ruling affirming that individuals convicted of domestic violence can be restricted from owning or possessing firearms. This decision carries significant implications for anyone facing domestic violence charges in Colorado.
At Whitaker & Penix, LLC, we understand how high the stakes can be for those charged with domestic violence offenses. With extensive trial experience and a deep familiarity with the local legal landscape of Breckenridge and the 6th Judicial District, we’re here to help you understand how this decision may affect your rights and your case.
What Did the Supreme Court Decide?
The case in question is United States v. Rahimi. It challenged a federal law barring individuals subject to certain restraining orders for domestic violence from possessing firearms. The Supreme Court upheld the constitutionality of this restriction, reinforcing that public safety interests can justify firearm limitations for those involved in domestic violence cases. This decision reaffirms that gun possession is not an absolute right when serious threats to others’ safety are present.
The ruling clarified that such restrictions are consistent with the nation’s legal tradition of regulating dangerous individuals’ access to firearms. In other words, even under the Second Amendment, courts can restrict gun rights in situations where an individual poses a credible threat to others.
What This Means for Colorado Residents
Colorado already has state-level firearm restrictions tied to domestic violence offenses and protection orders. Under Colorado Revised Statute § 18-6-801, domestic violence is not a standalone crime, but a sentence enhancer applied to crimes committed against an intimate partner. A conviction can result in additional penalties, mandatory treatment programs, and restrictions on firearm possession.
In Colorado, the implications of the Supreme Court’s decision reinforce existing policies, including:
- Mandatory relinquishment of firearms: Anyone convicted of a domestic violence offense or subject to a qualifying protection order must surrender their firearms within 24 to 72 hours, depending on the circumstances.
- Federal prohibition: Convictions or certain civil protection orders can also trigger the Lautenberg Amendment, a federal law that makes it illegal for those individuals to possess firearms or ammunition.
- Background check failures: Individuals flagged by domestic violence-related legal action may be prevented from purchasing firearms through the Colorado Bureau of Investigation (CBI) system.
The Impact on Current and Future Domestic Violence Cases
For individuals facing domestic violence charges, the consequences have become even more far-reaching:
- Increased pressure during plea negotiations: Prosecutors may highlight the potential loss of gun rights as leverage, pushing defendants to accept plea deals that carry these restrictions.
- Heightened collateral consequences: Even if you avoid jail, a guilty plea or conviction can permanently impair your Second Amendment rights.
- Impact on protective orders: Civil protective orders can lead to automatic firearm bans, even before a criminal conviction occurs.
How Defense Attorneys Can Respond to Gun-Related Restrictions
At Whitaker & Penix, LLC, we approach each case with a detailed understanding of how firearm restrictions are triggered, challenged, or reduced. Here’s how defense strategies are evolving in response to this Supreme Court domestic violence gun ban ruling:
Careful Charge Analysis
Breckenridge domestic violence defense lawyers must scrutinize every aspect of the charges. Since domestic violence in Colorado is often tacked onto underlying crimes (like harassment or assault), reducing or reclassifying charges could help preserve a client’s gun rights.
Challenging Protection Orders
Restraining or protective orders are now more significant. Our legal team works diligently to contest these orders when they are unwarranted, limiting the automatic firearm bans that follow.
Negotiating Alternative Resolutions
In some cases, resolving charges through deferred judgment agreements or non-domestic classifications may help avoid triggering Colorado firearm restrictions. Our goal is always to protect both our clients’ liberty and their long-term rights.
Post-Conviction Relief and Rights Restoration
For clients with prior convictions, we evaluate eligibility for record sealing, rights restoration under Colorado law, and even possible federal remedies.
The Second Amendment and Protective Orders in Colorado
Colorado law and federal law, under the Supreme Court’s interpretation, acknowledge that public safety can justify certain limitations on gun ownership. But the legal landscape is far from simple. Here’s what you need to know:
- Protective orders: A civil protective order that includes findings of domestic abuse or threats can lead to immediate gun surrender, even without a criminal conviction.
- Domestic abuse firearm laws: Colorado courts are aggressive in enforcing the firearm relinquishment requirements, often mandating proof of compliance as part of sentencing or bond conditions.
- Second Amendment arguments: While Breckenridge defense attorneys can still raise constitutional objections to firearm restrictions, this latest Supreme Court ruling makes such arguments harder to win.
What to Do If You’re Facing Domestic Violence Charges
If you’re facing a domestic violence accusation in Colorado, it’s important to act quickly and strategically, especially if you own firearms or wish to preserve your right to do so.
- Do not ignore protection order hearings: These hearings may seem “civil,” but they can have lasting consequences, including firearm surrender.
- Retain counsel early: A proactive approach, guided by experienced Colorado domestic violence defense attorneys, is essential to minimize long-term damage.
- Understand your options: Whether it’s challenging the basis for the DV designation or negotiating terms that protect your rights, every case has a path forward.
At Whitaker & Penix, LLC, we provide personal, hands-on representation with a deep understanding of how domestic abuse firearm laws impact your future. We’ve helped clients throughout Breckenridge and the surrounding 6th Judicial District navigate some of the most difficult legal challenges of their lives.
Talk to a Breckenridge Domestic Violence Defense Attorney Today
If you’re concerned about how the Supreme Court domestic violence gun ban may affect your case, the time to act is now. The window for preserving your rights can close quickly.
At Whitaker & Penix, LLC, we take the time to explain your options clearly and build a strong defense. With our extensive trial experience and local knowledge, we’re prepared to advocate for your rights at every step.
Call us today at (970) 368-0602 to schedule your free consultation to learn more today.