QuestionI was convicted in 2005 of misdemeanor DV abuse. I was 100 percent guilty and did everything asked of me. That was my one and only arrest. I've been a life long 4 th generation hunter in Colorado. I've contacted ATF, CDOW, Colorado Bureau of Investigatio and researched hours upon hours. I've gotten different answers at each place except the CBI. The definition of a firearm under Federal/ATF listings looks like a muzzleloader is legal to possess as long as barrel is not swappable with a barrel capable of firing centerfire/traditional ammunition. The definition of ammunition on the ATF website seems equally vague, where naive I could legally have an "antique" firearm but maybe not possess black powder and projectile to shoot. Seems like everyone assumes the misdemeanor DV conviction is the same as any felony conviction. I do not believe Colorado has any firearm or DV laws stricter than federal laws. I would like to continue hunting with a muzzleloader but want to do so absolutely risk free. I asked about airguns also with actually more uncertainty from the ATF and the CDOW. Any help would be greatly appreciated seems like there is a lot of false info out there, which I guess goes with being labeled a "wife beater", completely my fault and I educate as many people I can on what not to do. Thanks for your time.
AnswerRay,
As you have been able to determine, there is a lot of confusion about muzzleloaders with respect to DV cases and the related loss of civil rights. Federal law is unclear with respect to muzzleloaders and 'curio and relic' type firearms. State laws vary all over the place with some states permitting those with DV and felony issues to own muzzleloaders while others do not.
The only way you are going to get a reasonable answer is to contact an attorney in Colorado that is familiar with criminal law and firearms law. If you need help locating someone familiar with this area of the law, you might want to contact someone from the Colorado State Shooting Association. They will most likely be able to point you in the direction of an attorney that can help you.
Contact either:
Mr. Tony Fabian, President
510 Wilcox Street, Suite C
Castle Rock, CO 80104
office: 303-663-9339
fax: 303-713-0785
[email protected]
or contact:
Mr. David Gill
510 Wilcox Street #C
Castle Rock, CO 80104
office: 303-663-9339
fax: 303-713-0785
[email protected]
Another thing that you might consider while speaking with the attorney would be petitioning the court to "set aside" your DV conviction and as part of the court order, explicitly restoring your right to own a firearm. This would satisfy the requirements under federal law to have your rights to own any firearm restored based on the way that the "Lautenberg Amendment" is worded. The Lautenberg Amendment was the amendment to the federal Gun Control Act of 1968 that created prohibited possessor status for certain offenses. Lautenberg's amendment added crimes of domestic violence to the list of the other conditions outline in the GCA of 1968.
Unfortunately, I really can't try and give you a definitive answer as that would constitute giving 'legal advice' which I am not allowed to do since I am not an attorney. You really need to have an attorney research Colorado statute and more importantly, Colorado case law to determine whether or not you are on solid ground legally.
My only other observation would be that you will NEVER be absolutely risk free unless you get the conviction set aside and your right to own a firearm restored by the court. If there is this kind of confusion in the agencies that are actually supposed to know the law, imagine the confusion that a 'rank and file' law enforcement officer or game warden might have.
Best of luck to you in getting this resolved. It says a great many good things that you are trying to go about this the right way and are not trying to dodge responsibility for your earlier mistake...I hope you can work this out.
Regards,
Doug
