A new law requires that upon a protection order being placed on those accused of domestic violence, the accused must attest that they either have removed all their weapons or that they do not possess weapons. A frustrating act for the presumed innocent.
SB 197, titled: Preventing Persons Who Have Committed Domestic Violence from Possessing Firearmsstates, in part, that when a court subjects a person to a protection order to prevent domestic violence or a protection order that prohibits the person from possessing or controlling firearms or other weapons, or the court convicts a person of a misdemeanor or felony domestic violence offense, THE COURT Shall require the person to relinquish any firearm or ammunition in the person’s immediate; May require that before the person is released from custody on bond, the person shall possession or control or subject to the person’s immediate possession or control; and relinquish any firearm or ammunition in the person’s immediate possession or control or subject to the person’s immediate possession or control. The court may allow a person up to 72 hours to comply if the person demonstrates to the satisfaction of the court that he or she is unable to comply within 24 or 48 hours, as applicable.
To satisfy the requirement, the person may:
• Sell or transfer possession of the firearm or ammunition to a federally licensed firearms dealer
• Arrange for the storage of the firearm or ammunition by a law enforcement agency; or Sell or transfer the firearm or ammunition to a private party; except that the person shall not transfer a firearm or ammunition to a private party unless the private party has been approved to possess or purchase a firearm pursuant to a background check of the national instant criminal background check system.
If a person sells or otherwise transfers a firearm or ammunition to a private party, the person shall acquire: From the transferee, a written receipt acknowledging the transfer, which receipt shall be dated; From the licensed gun dealer who requests from the Colorado bureau of investigation a and signed by the person and the transferee; and background check of the transferee, a written statement of the results of the background check. If a local law enforcement agency elects to store firearms or ammunition for a person: The agency may charge a fee for such storage, the amount of which shall not exceed the • The agency may establish policies for disposal of abandoned or stolen firearms or direct and indirect costs incurred by the agency in providing such storage; and
Just being accused of domestic violence has huge ramifications on your rights. Be sure to comply with the law or your case could be drastically compromised.