Gauss Law Firm- Denver Bankruptcy Lawyers
PREPARATION IS THE KEY TO SUCCESS IN ANY LEGAL MATTER. CALL 303.501.4028
 
CALL 303.501.4028 FOR CONFIDENTIAL HELP

Federal Gun Possession Laws Applicable to Colorado Bankruptcy


Federal Law On Guns -Applicable in Colorado

18 U.S.C. 922g prohibits certain idividuals from possessing guns. The following persons are prohibited from owning or possessing guns or ammunitition or explosives:
(1) Has been convicted of a crime punishable by more than one year in prison. 
(2) A person who is a fugitive from justice
(3) A person who is an unlawful user of or addicted to an illegal controlled substance
(4) A person who has been institutionalized in a mental health facilitly or otherwise been adjuticated a "mental defective."
(5) An alien who is here on a non-immigrant visa or who is here illegally
(6) someone discharged from the military under a dishonorable discharge
(7) a person who renouces his or her citizenship
(8) a person who after a hearing has been restrainted from stalking or harassing another person with whom they have had a relationship (has a restraining order)
(9) a person who has been found guilty of a crime of domestic violence
Possession of a gun can be either actual or constructive. Contructive possession occurs "when a person knowingly has the power an intention at a given time of exercising dominion and control over the object or over the area in which the object is locate" US v Booth, 11 F3rd 2nd. If you know the gun is in your home or in your car and you have the ability to exercise control over the gun either personally or through another person, they you constructively possess it and can be charged with illegal possession of a firearm. You can also have any probation revoked for possession of a gun.
Federal Law On Guns -Applicable in Colorado

18 U.S.C. 922g prohibits certain idividuals from possessing guns. The following persons are prohibited from owning or possessing guns or ammunitition or explosives:
(1) Has been convicted of a crime punishable by more than one year in prison. 
(2) A person who is a fugitive from justice
(3) A person who is an unlawful user of or addicted to an illegal controlled substance
(4) A person who has been institutionalized in a mental health facilitly or otherwise been adjuticated a "mental defective."
(5) An alien who is here on a non-immigrant visa or who is here illegally
(6) someone discharged from the military under a dishonorable discharge
(7) a person who renouces his or her citizenship
(8) a person who after a hearing has been restrainted from stalking or harassing another person with whom they have had a relationship (has a restraining order)
(9) a person who has been found guilty of a crime of domestic violence
Possession of a gun can be either actual or constructive. Contructive possession occurs "when a person knowingly has the power an intention at a given time of exercising dominion and control over the object or over the area in which the object is locate" US v Booth, 11 F3rd 2nd. If you know the gun is in your home or in your car and you have the ability to exercise control over the gun either personally or through another person, they you constructively possess it and can be charged with illegal possession of a firearm. You can also have any probation revoked for possession of a gun.
Federal Law On Guns -Applicable in Colorado

18 U.S.C. 922g prohibits certain idividuals from possessing guns. The following persons are prohibited from owning or possessing guns or ammunitition or explosives:
(1) Has been convicted of a crime punishable by more than one year in prison. 
(2) A person who is a fugitive from justice
(3) A person who is an unlawful user of or addicted to an illegal controlled substance
(4) A person who has been institutionalized in a mental health facilitly or otherwise been adjuticated a "mental defective."
(5) An alien who is here on a non-immigrant visa or who is here illegally
(6) someone discharged from the military under a dishonorable discharge
(7) a person who renouces his or her citizenship
(8) a person who after a hearing has been restrainted from stalking or harassing another person with whom they have had a relationship (has a restraining order)
(9) a person who has been found guilty of a crime of domestic violence
Possession of a gun can be either actual or constructive. Contructive possession occurs "when a person knowingly has the power an intention at a given time of exercising dominion and control over the object or over the area in which the object is locate" US v Booth, 11 F3rd 2nd. If you know the gun is in your home or in your car and you have the ability to exercise control over the gun either personally or through another person, they you constructively possess it and can be charged with illegal possession of a firearm. You can also have any probation revoked for possession of a gun.
Federal Law On Guns -Applicable in Colorado

18 U.S.C. 922g prohibits certain idividuals from possessing guns. The following persons are prohibited from owning or possessing guns or ammunitition or explosives:
(1) Has been convicted of a crime punishable by more than one year in prison.
(2) A person who is a fugitive from justice
(3) A person who is an unlawful user of or addicted to an illegal controlled substance
(4) A person who has been institutionalized in a mental health facilitly or otherwise been adjuticated a "mental defective."
(5) An alien who is here on a non-immigrant visa or who is here illegally
(6) someone discharged from the military under a dishonorable discharge
(7) a person who renouces his or her citizenship
(8) a person who after a hearing has been restrainted from stalking or harassing another person with whom they have had a relationship (has a restraining order)
(9) a person who has been found guilty of a crime of domestic violence
Possession of a gun can be either actual or constructive. Contructive possession occurs "when a person knowingly has the power an intention at a given time of exercising dominion and control over the object or over the area in which the object is locate" US v Booth, 11 F3rd 2nd. If you know the gun is in your home or in your car and you have the ability to exercise control over the gun either personally or through another person, they you constructively possess it and can be charged with illegal possession of a firearm. You can also have any probation revoked for possession of a gun.



Federal Law On Guns -Applicable in Colorado

18 U.S.C. 922g prohibits certain idividuals from possessing guns. The following persons are prohibited from owning or possessing guns or ammunitition or explosives:
(1) Has been convicted of a crime punishable by more than one year in prison. 
(2) A person who is a fugitive from justice
(3) A person who is an unlawful user of or addicted to an illegal controlled substance
(4) A person who has been institutionalized in a mental health facilitly or otherwise been adjuticated a "mental defective."
(5) An alien who is here on a non-immigrant visa or who is here illegally
(6) someone discharged from the military under a dishonorable discharge
(7) a person who renouces his or her citizenship
(8) a person who after a hearing has been restrainted from stalking or harassing another person with whom they have had a relationship (has a restraining order)
(9) a person who has been found guilty of a crime of domestic violence
Possession of a gun can be either actual or constructive. Contructive possession occurs "when a person knowingly has the power an intention at a given time of exercising dominion and control over the object or over the area in which the object is locate" US v Booth, 11 F3rd 2nd. If you know the gun is in your home or in your car and you have the ability to exercise control over the gun either personally or through another person, they you constructively possess it and can be charged with illegal possession of a firearm. You can also have any probation revoked for possession of a gun.
Bankruptcy fraud is a felony. In addition to potentially jeopardizing your ability to file bankruptcy,  if you hide guns in a bankruptcy proceeding you may lose your gun rights permanently.  You have a right to own guns and I respect them and work hard to get results in bankruptcy court that matter to you. Any lawyer who would tell or invite you to leave guns off a petition is not helping you, they are risking your 2nd amendment rights, in order to get their fee.

I tried and won a case in Adams county specifically for a hunter who was facing a restraining order from an ex precisely because his ownership rights and hunting were important to him. I have helped lobby for an exemption for firearms in Colorado. Thus far this issue has yet to be resolved and for now guns are not exempt.

But, I cannot help you protect your gun rights in bankruptcy if I do not know about your guns. There are legal ways to get you through a bankruptcy with your guns, and with your gun rights, intact: I can help. Call (303) 501-4028.