Colorado Gun Control Laws
By John Mascolo, Esq. | Legally reviewed by FindLaw Staff | Last reviewed October 30, 2024
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To gun control advocates, recent enactments by the Colorado legislature will decrease gun violence and improve public safety. The nonprofit Everytown for Gun Safety ranks Colorado eleventh in the U.S. in its gun law rankings. Under Colorado law, the minimum age to buy a firearm is 21. After purchasing a firearm there is a three-day waiting period for a background check before the purchased gun may be received. There are also restrictions on the production and use of ghost guns in the state.
Still, getting a handle on Colorado gun laws can be tricky, especially when states and the federal government have separate and sometimes overlapping statutes. As in other states, gun owners must navigate a patchwork of federal and state laws to understand their rights and stay within the law. In today's legal climate, new prohibitions and regulations become the subject of lawsuits in short order. For example, Colorado gun rights advocates have challenged all three new laws passed in 2023.
In 2008, the U.S. Supreme Court ruled in District of Columbia v. Heller that the Second Amendment to the U.S. Constitution includes protection for citizens' individual right to own guns for self-defense in the home. In 2022, the Supreme Court held in New York State Rifle and Pistol Association v. Bruen that citizens also have a right to possess guns in public for self-defense. As a result, most gun control legislation faces substantial scrutiny by both lawmakers and the courts.
Colorado gun owners remain subject to key federal laws that address the purchase, sale, possession, and use of firearms. For example, the Gun Control Act of 1968, as amended, continues to guide the regulatory scheme for legal manufacturing, transfer, ownership, and possession of firearms. It contains a baseline list of prohibited persons barred from ownership or possession.
The Brady Handgun Violence Prevention Act took effect in 1994. It expanded the list of persons banned from firearm possession. It was also instrumental in setting up a federal system of background checks for gun purchases to prevent sales to felons and other prohibited persons.
Even under the Second Amendment, states can regulate the purchase and use of certain weapons and accessories. Sawed-off shotguns and silencers, for example, are illegal under Colorado's gun control laws.
Colorado does not have an assault weapons ban. However, it did enact a limitation on large-capacity magazines, which are ammunition-feeding devices that can enable rapid-fire, inflicting more fatalities. The Colorado Supreme Court upheld Colorado's law in Rocky Mountain Gun Owners v. Polis (2020), holding that under the state constitution, the limit on large-capacity magazines had a reasonable basis that did not unduly prevent gun owners from exercising their rights.
Colorado requires near-universal background checks for firearm purchases. Background checks must occur for sales or transfers through all firearms dealers, including private sales. However, certain temporary transfers, gifts, and loans between family members will fall outside the requirements. The Colorado Bureau of Investigation provides information to the public on questions about background checks and state and federal prohibitions.
In 2021, Colorado also passed reforms to its state law that preempted local jurisdictions from enacting their own stricter gun control regulations. Under this reform, localities like Denver and Boulder County can pass certain restrictions to open carry and concealed carry, and can also ban assault weapons.
In 2022, Gov. Jared Polis signed the Vote Without Fear Act, a law that prohibits open carry of firearms within 100 feet of a polling location, ballot drop box, or vote-counting facility during times of an election. In 2023, the state also expanded its red flag law, allowing more persons to file for an extreme risk protection order to prevent access to guns for those at risk of harm to themselves or others.
Overview Of Colorado Gun Control Laws
For more information on Colorado's gun control laws, consult the chart below.
Relevant Statutes (Laws) |
|
---|---|
Illegal Arms |
Colorado classifies dangerous weapons as illegal in Colorado. Dangerous weapons include:
|
Waiting Period |
There is a 3-day waiting period to purchase a firearm in Colorado. |
Who May Not Own |
You are prohibited from owning a firearm if you:
|
License Required? |
Colorado doesn't require gun owners or purchasers to obtain a permit or license. |
Concealed Carry License Required? |
|
Open Carried Allowed? |
Yes. The state allows for the open carrying of firearms. Local governments may, however, enact regulations prohibiting open carry in areas that are within the local government's jurisdiction. |
Eligibility for a Concealed Carry License |
You can get a concealed carry license from your local sheriff if:
|
Machine Gun Laws |
Machine guns are prohibited in Colorado unless you have a valid permit to possess a machine gun. |
Penalties for Illegal Firearm Possession |
|
Penalties for Illegal Possession on or Near School Grounds |
This is a class 5 felony punishable by one to three years in prison and/or a fine of $1,000-$100,000. |
Note: State laws are always subject to change through the passage of new legislation, rulings in the higher courts including federal decisions, ballot initiatives, and other means. While we strive to provide the most current information available, please consult an attorney or conduct your own legal research to verify the status of the state law(s) you are reviewing.
Colorado Gun Control Laws: Related Resources
- Is It Legal To Sell Guns Privately?
- State Gun Control Laws
- Colorado Criminal Laws
- Colorado Criminal Statute of Limitations Laws
More Questions About Gun Rights? An Attorney Can Help
Gun laws at both the state and federal levels can change from both legislative activity and court cases. This uncertainty can be unsettling for gun owners, especially in light of the penalties for violations. The best way to stay on top of current gun laws and to protect yourself against criminal charges is to seek legal advice. Consider speaking with an experienced Colorado criminal defense attorney today.
Can I Solve This on My Own or Do I Need an Attorney?
- Complex criminal defense situations usually require a lawyer
- Defense attorneys can help protect your rights
- A lawyer can seek to reduce or eliminate criminal penalties
Get tailored advice and ask your legal questions. Many Colorado attorneys offer free consultations.
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