Concealed Weapons Permit Colorado

[wildwest]

Colorado. I would like to apply for a CWP in Colorado. Colorado CRP restricts permits from anybody convicted of a misdemeanor Domestic Violence offense "as defined in the USC." That small caveat (as defined in the USC) is where my question comes from. Colorado has 2 tests for DV. Either will convict. 1. physical or emotional violence and 2. prior intimate relationships. The USC specifies violence as required for DV eligibility. I have an M3 (lowest level misdemeanor) RO violation in Colorado from 7 years and not even a traffic violations since. As it was stated in the Court's ruling, because there was no evidence or testimony to the contrary, she finds no violence was present. However, she found that I and the witness had prior intimate relations which was enough to meet the test of domestic violence in Colorado, thus I was found guilt. According to my research (albeit non professional), because there was no violence in my case, claimed or convicted of, the USC should trump the local DV law. That said, the local sheriff said no. He only looks at Colorado Law. Who is right? The County is Elbert which I think might cause some attorney's mouths to water. Thanks everyone. Any advice would be greatly appreciated.

 

[xylene]

Umm, per what you said you have a completely disqualifying conviction.

The time to raise your argument that it was not DV was before trial.

You seem to be ineligible for gun ownership, let alone a Colorado concealed carry permit.

A lack of subsequent traffic offenses is irrelevant, and even mentioning it shows you are not in a position to assess your eligibility.

Consult a lawyer, but be prepared to have to packing dreams dashed.

 

[FlyingRon]

I'm not going to dig through colorado statutes, but it almost certainly refers to 18 U.S.C. § 921(33)(a) which would define DV as ...

has, as an element, the use or attempted use of physical force, or the threatened use of a deadly weapon, committed by a current or former spouse, parent, or guardian of the victim, by a person with whom the victim shares a child in common, by a person who is cohabiting with or has cohabited with the victim as a spouse, parent or guardian, or by a person similarly situated to a spouse, parent, or guardian of the victim.
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