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?


Asked on 10/06/07, 1:34 pm

1 Answer from Attorneys

Philip Rosmarin Rosmarin Law Firm

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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Answered on 10/06/07, 4:23 pm


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