Can A Drug Charge Affect Your Right To Own Or Carry A Firearm?
If you have a drug charge in Boulder, it can be a big concern if you own, carry, or want to buy a firearm, or if you have a concealed handgun permit. Many people only think about jail, probation, fines, or a criminal record, but for gun owners, a drug case can also affect your ability to possess firearms, get a concealed carry permit, pass background checks, and keep your rights in the future.
The impact depends on the type of drug charge, whether it is a misdemeanor or felony, if there is a conviction, and if federal firearm restrictions apply. We understand how stressful this can be, since you may face both criminal penalties and the possible loss of important rights. At Watkins Law Firm LLC, we help clients in Boulder and the Denver area fight drug charges that could affect their freedom, record, and firearm rights.
Colorado Drug Charges Can Create Firearm Concerns
Colorado drug charges are mainly addressed in Article 18 of Title 18 of the Colorado Revised Statutes. Unlawful possession of a controlled substance is addressed under C.R.S. § 18-18-403.5. Distribution, manufacturing, dispensing, sale, and possession with intent to distribute are addressed under C.R.S. § 18-18-405. These statutes can apply to cases involving controlled substances such as fentanyl, methamphetamine, cocaine, heroin, prescription drugs, and other substances listed under Colorado law.
The situation with firearms gets more serious if your drug case is a felony. A felony drug conviction can lead to state and federal restrictions on owning or carrying guns. Even before a conviction, just having a pending felony charge can affect your ability to buy firearms, get a concealed handgun permit, follow bond conditions, and how police handle any guns they find during their investigation. If police say they found drugs and firearms together in your home, car, backpack, safe, or bedroom, prosecutors may take a tougher approach to your case.
Felony Drug Convictions And Possession Of Weapons By Previous Offenders
Colorado law restricts firearm possession for certain people with prior felony convictions. C.R.S. § 18-12-108 addresses possession of weapons by previous offenders. Under that law, a person with a qualifying felony conviction may be prohibited from knowingly possessing, using, or carrying a firearm or certain other weapons. This is commonly referred to as a POWPO charge, which means possession of a weapon by a previous offender.
For a person facing a felony drug charge, this creates a major concern. A conviction can do more than resolve the drug case. It can create future criminal exposure if the person later possesses or carries a firearm. In practical terms, a person who lawfully owned firearms before the case may face a very different legal situation after a felony drug conviction. A later firearm possession allegation may become a separate felony case.
This is one reason we take felony drug cases so seriously. The consequences are not limited to the sentencing date. A felony conviction can follow a person into future background checks, firearm purchases, concealed carry applications, employment reviews, and police encounters.
Concealed Handgun Permit Issues After A Drug Charge
A drug charge can also affect a concealed handgun permit. Eligibility for a Colorado concealed handgun permit is addressed under C.R.S. § 18-12-203. That statute includes requirements related to criminal history, controlled substances, protection orders, and other public safety concerns. The statute states that an applicant must not be an unlawful user of or addicted to a controlled substance as defined under Colorado law, with that determination made as provided in federal law and regulations.
This can be important even if you do not have a felony conviction. When deciding whether to give you a concealed handgun permit, a sheriff can look at your criminal history, past behavior, pending charges, and any legal reasons you might not qualify. If you have a drug allegation, it may raise questions about your eligibility, safety, and whether you meet the legal requirements.
If you have a pending drug case and a concealed handgun permit, do not guess about what you are allowed to do. There may be court orders, bond conditions, or permit issues that you need to pay close attention to. If you break a court order or have a firearm when you are not allowed, you could face new criminal charges.
Federal Firearm Law Can Also Apply
Federal law can also affect firearm rights after or during a drug case. Under 18 U.S.C. § 922, several categories of people may be prohibited from receiving, possessing, shipping, or transporting firearms or ammunition. Federal law includes restrictions for people convicted of certain crimes punishable by more than one year in prison. It also includes restrictions involving unlawful users of or people addicted to controlled substances, although recent court decisions have narrowed how some federal restrictions may be applied in certain factual settings.
Even though Colorado has legalized marijuana for many adults under state law, marijuana remains a controlled substance under federal law. That creates a conflict that can matter in firearm cases. A person may think a substance is lawful under Colorado law, but still face federal firearm concerns depending on the facts. This is especially important for people who buy firearms, complete federal purchase forms, hold security-sensitive employment, or have federal licensing concerns.
We tell our clients not to make assumptions about their firearm rights after a drug arrest. State and federal laws, pending charges, convictions, bond conditions, and permit rules can all affect your situation.
Drugs And Firearms Found Together Can Increase Risk
If police say they found drugs and firearms together, your case can become more serious. Prosecutors might argue that the gun was used for drug distribution, protecting drugs or money, or another crime. But this does not mean the accusation is true. Many people legally own firearms, and just having a gun present does not prove drug distribution or trafficking.
Still, having drugs and firearms together can change how your case is handled. Police may get search warrants, check text messages, look in safes or locked containers, test substances, look for fingerprints or DNA, and ask who had access to the place where the drugs or firearms were found. In a shared home or car, it can be hard to prove who owned or controlled what. We carefully check if the prosecution can prove possession, knowledge, intent, and every part of the charge.
Bond Conditions May Limit Firearm Possession During The Case
If you are facing a drug charge, you may have to follow certain bond conditions while your case is going on. These can include drug testing, treatment, travel limits, not breaking any new laws, and rules about weapons. If the court tells you not to have firearms, you need to take that seriously. Breaking the order can lead to your bond being revoked, jail time, new charges, or a worse outcome in your case.
If firearms are in your home and you are subject to restrictions, you should get legal guidance before moving, transferring, storing, or handling them. The wrong step can create more legal trouble. We help clients understand what court orders require and how to avoid accidental violations while the criminal case is active.
How We Defend Drug Cases With Firearm Consequences In Mind
When we defend a drug case that could affect your firearm rights, we look at more than just the charge itself. We review the stop, search, seizure, arrest, warrants, lab tests, body camera footage, witness statements, and any statements made. We check if our client actually possessed the drugs, if the firearm was legally owned, if it was connected to the alleged drug activity, and if the prosecution can prove its claims.
In possession cases, the defense may involve lack of knowledge, lack of control, shared access, unlawful search, weak evidence, or problems with lab testing. In distribution or trafficking cases, we may challenge the claim that drugs were possessed with the intent to sell. In firearm-related cases, we may challenge whether the person knowingly possessed the weapon, whether the alleged restriction applies, and whether the state can prove every element beyond a reasonable doubt.
A drug charge can threaten freedom, employment, reputation, and firearm rights. The earlier we become involved, the sooner we can begin protecting the record, challenging the evidence, and working toward an outcome that limits long-term harm.
FAQs About Drug Charges And Firearm Rights In Colorado
Can A Colorado Drug Charge Automatically Take Away My Gun Rights?
A drug charge does not automatically take away all firearm rights in every case. The risk depends on whether the charge is a misdemeanor or felony, whether there is a conviction, whether the person is subject to bond conditions, and whether state or federal law creates a restriction. A felony drug conviction can create serious firearm consequences under Colorado law, including possible exposure under C.R.S. § 18-12-108 if the person later possesses or carries a firearm. A pending charge may also create problems with purchases, permits, and court orders. You should not assume your rights are unchanged after a drug arrest.
Can I Keep My Firearms While My Drug Case Is Pending?
That depends on the facts and the court’s orders. Some people remain legally allowed to possess firearms while a case is pending, while others may be restricted by bond conditions, protection orders, permit rules, or other legal provisions. If the judge orders you not to possess weapons, you must comply. If firearms are already in your home, you should get legal advice before touching, moving, storing, or transferring them. A good-faith mistake can still lead to serious consequences if prosecutors claim you violated a court order or possessed a firearm unlawfully.
Can A Felony Drug Conviction Stop Me From Owning A Gun?
Yes. A felony drug conviction can create major firearm restrictions under Colorado and federal law. C.R.S. § 18-12-108 restricts firearm possession for people with certain felony convictions. Federal law under 18 U.S.C. § 922 also restricts firearm possession for people convicted of certain crimes punishable by more than one year in prison. This means the outcome of the drug case matters greatly. A reduction, dismissal, deferred judgment, or other favorable result may help avoid some of the harshest long-term consequences, depending on the specific facts and legal eligibility.
Can A Drug Charge Affect My Concealed Handgun Permit In Colorado?
Yes. A drug charge may affect a concealed handgun permit or permit application. C.R.S. § 18-12-203 sets eligibility requirements for concealed handgun permits, including requirements related to controlled substances and criminal history. A sheriff may consider legal disqualifications and documented conduct when reviewing an application. If you already have a permit, a pending criminal case may create additional issues depending on the charge, bond conditions, and any court orders. It is important to avoid carrying a firearm if there is any question about whether you are legally allowed to do so.
Does Colorado Marijuana Legalization Protect My Firearm Rights?
Not always. Colorado law allows many adults to possess and use marijuana under state law, but marijuana remains a controlled substance under federal law. That conflict can affect firearm purchases, federal forms, and federal firearm restrictions. Recent court rulings have limited some applications of federal restrictions involving drug users, but those rulings do not mean every marijuana user or every person accused of a drug crime is free from firearm risk. If marijuana, firearms, and a criminal case overlap, the safest choice is to get case-specific legal advice before buying, carrying, or possessing a firearm.
What If Police Found Drugs And A Gun In The Same Car Or House?
When drugs and a gun are found in the same place, prosecutors may try to connect them. They may argue that the firearm was used to protect drugs, money, or alleged distribution activity. That argument is not always supported by evidence. In a shared car, apartment, house, or storage area, the prosecution may have difficulty proving who possessed the drugs, who possessed the firearm, and whether the person knew both were present. We examine access, ownership, location, fingerprints, DNA, statements, video, and police procedure to determine whether the state can prove its case.
Call Watkins Law Firm LLC To Fight Your Colorado Drug Charge
If you are facing a drug charge and are worried about your right to own, possess, buy, or carry a firearm, Watkins Law Firm LLC can help. We defend clients accused of drug possession, felony drug crimes, distribution, manufacturing, trafficking, and related firearm issues in Boulder and throughout the Denver area. We understand that a drug case can threaten more than your criminal record. It can affect your rights, your job, your reputation, and your future.
Contact our Boulder drug crime defense lawyer by calling us 24/7 at (303) 507-1324 for your free consultation. Our Boulder drug crime defense lawyer represents clients in Boulder and throughout the Denver area from our office locations in Boulder, Colorado.
