Colorado: Can a Temporary Protective Order Infringe Your Second Amendment Rights?

DOUG RICHARDS: There’s always a moment at the beginning of a case where I have to explain to a client that the collateral consequences to being arrested and to being on bond. And any sort of case where there’s a firearm involved, the first question is, Well, when can I get my gun back? And the answer is, You’re not going to, not for a while, not until the case is over with. And even then, it can be difficult.

When you are charged with a crime involving a weapon, typically there’s a protection order that’s issued that’s made part of your bond. And when there’s a protection order done to the criminal case, the judge is going to tell you you cannot possess a firearm or ammunition while you’re on bond. That’s going to be all part of the Brady Handgun Bill actually as well.

If you are the subject of a civil protection order, whether maybe you just got a little sideways with your neighbor or your spouse or whoever it might be, if you’re the subject of a civil protection order, you cannot possess a firearm while that order is clear and valid. Can you get your gun rights back later on? Yeah, of course you can. It’s not as easy as having them taken away. It’s very easy to get your gun rights taken away. It’s a lot harder to get them back once the case is over.