Firearm Relinquishment and Affidavits

In Domestic Violence cases involving “the threat of use, use of, or attempted use of force,” the court must order the defendant to:

(A) Refrain from possessing or purchasing any firearm or ammunition for the duration of the order; and

(B) Relinquish, for the duration of the order, any firearm or ammunition in the defendant’s immediate possession or control or subject to the defendant’s immediate possession or control.

§ 18-1-1001(9)(a)(I).

To enforce this order, the court:

(II) May require that before the defendant is released from custody on bond, the defendant relinquish, for the duration of the order, any firearm or ammunition in the defendant’s immediate possession or control or subject to the defendant’s immediate possession or control; and

(III) Shall schedule a compliance hearing pursuant to subsection (9)(e) of this section and notify the defendant of the hearing date and that the defendant shall appear at the hearing in person unless the hearing is vacated pursuant to subsection (9)(e)(I) of this section.

When the court issues relinquishment of firearms and ammunition, the defendant must relinquish the firearms and ammunition within 24 hours unless the defendant demonstrates to the satisfaction of the court that the defendant is unable to comply in that time-frame and finds good-cause to grant additional time. § 18-1-1001(9)(b).

There are three legal ways the defendant can relinquish firearms and ammunition:

1. 1. 1. Sell or transfer to a federally licensed firearms dealer,
      2. Arrange for storage by law enforcement, or
      3. Sell or transfer to a private party who may legally possess in accordance with section 18-12-112 concerning the private transfer of firearms, including conducing a criminal background check on the transferee.

§ 18-1-1001(9)(d).

Courts usually vacate the compliance hearing once the defendant has filed the completed firearms affidavit swearing under penalty of perjury that they either do not have firearms or ammunition or have relinquished it in accordance with law.

It is up to you to review and follow-up on the defendant’s affidavit for compliance with the law. In moderate to high-lethality cases or cases in which a defendant has threatened to shoot the victim, consider asking a police officer or investigator to follow-up with the defendant’s affidavit to verify the defendant’s compliance.

If you discover the defendant was not truthful on the affidavit, you can charge the defendant with Perjury (M2) as well as Violation of a Protection Order (M1).