That is an interesting point.
But, given the fact that the guy would almost certainly be out on bail for a while until his trial on those kind of charges, could his guns be kept away from him until then? Does this vary with the jurisdiction? Can the judge decide this?
I'll give you a quick answer that admittedly is not researched so it might not stand up if it is challenged. I can navigate Washington laws well enough to find the answer here easily enough but I'm not motivated to try to learn how to research Colorado or federal law.
On the front page of the county rag the local sheriff was quoted saying that his department always removes firearms from residences where they handle domestic violence complaints. Due to my fuzzy memory handle is my word, not his, but I have no doubt that the local deputies would take away guns after a wife complained that her husband tried to strangle her.
It is relevant that our sheriff is not against all residents owning guns. After Washington passed Initiative 1639 in the last election he told public gatherings that his department will have nothing to do with enforcing it. His statement did not cross the powers he answers to. The county council voted unanimously that I 1639 does not apply in this county. Of course that will not help a defendant if the state enforces it here. I can link video of the sheriff's speech and the county council meeting by PM if you won't believe this other wise. It is only barely relevant to the thread. Our terribly worded red flag law was not part of I 1639. It was part of an initiative passed two years earlier.
Also, one of the disqualifying questions on the 4473 form retailers use is are you under indictment for awaiting trial on a charge of domestic violence. If the answer is yes then you can not buy the gun so I'm guessing there is a federal law that prohibits possessing a gun under those circumstances.
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