The Great Kazoo's Feedback
"when you're happy you enjoy the melody but, when you're broken you understand the lyrics".
I waited a while after reading this thread and after having spoken with a criminal attorney and a ex-county prosecutor, they both think the above assertion is incorrect, as did I. I personally know more than one person who had felony deferred sentences and who are not currently prohibited from the owning, possession or purchase of firearms. I think your friend needs to focus on this issue and get better advice to be sure. A plea to a non-felony charge, as deferred would be better of course, but I understand why a DA would not offer that."It turns out that Colorado law makes a distinction between "conviction" and "judgement of conviction". Once that initial guilty plea is made, you are forever considered to be "convicted", even if the plea is later withdrawn and no "judgement of conviction" is ever issued by a court. Colorado precedent establishes that once you complete a felony deferred sentence you can never again possess firearms in Colorado. Federal law, at least as interpreted by the ATF, says that you can also never possess firearms in any other state."
Neither one of your case summary quotes supports your assertion either. The judgement of conviction only kicks in if the probation terms are not satisfied.
Last edited by Ingman; 12-12-2013 at 19:19.
Last edited by Ingman; 12-12-2013 at 19:25.
I know a state trooper from Jeffco County who did the same thing. He had negligent discharge while drinking and handling a pistol. The Arvada policia showed up and just told him not to do it again.
Last edited by DavieD55; 12-12-2013 at 21:04.
When things like this happen it should make everyone think about safety when even THINKING about handling guns. It's a story I wont forget for a while. Kind of like driving by bad car wreck, it's a refresher if not a wake-up call. TAKE NOTE!
Even though no one was hurt, the law is not going to go the 'no harm, no foul' route on this one. Best of luck to K.