Legal Question in Criminal Law in Colorado
Firearms and a felony on the record
My husband has a felony on his
record from a car accident (someone
died in the accident, he was
determined at fault for the accident).
I know currently he is not legally
allowed to own a firearm, I have
heard that a felon can appeal to the
state government for a permit to
own a firearm, His father left him a
classic, Un-fireable weapon that is
currently elsewhere however we
would like to be able to display it in
our home (unloaded, no ammo in
house) because of it's sentimental
value. Is there any way to appeal to
the courts for permission to own this
weapon?
1 Answer from Attorneys
Re: Firearms and a felony on the record
The statute defining firearms, 18-1-901(3)(h) CRS, defines "firearm" as "any handgun, automatic, revolver, pistol, rifle, shotgun, or other instrument or device capable or intended to be capable of discharging bullets, cartridges, or other explosive charges." If your collector's item is truly unfireable, there should be no problem, because it is neither capable, nor intended to be capable, of discharging anything.
But you should carefully read the terms of your husband's probation or release documents, to be sure no special conditions were imposed upon him. And, confirm with a gunsmith that the firearm is disabled.
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