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Colorado Constitutional Carry Laws |
Legal information provided is for reference and not legal advice. Consult an attorney for specific legal concerns.
To gun control advocates, recent measures by the Colorado legislature are seen as steps to reduce gun violence and enhance public safety. The nonprofit Everytown for Gun Safety ranks Colorado eleventh in the U.S. for its gun laws. Colorado has recently enacted laws that increase the minimum age to purchase a handgun to 21, implement a three-day waiting period for background checks after firearm purchases, and impose restrictions on ghost guns.
Understanding Colorado’s gun laws can be challenging due to the mix of state and federal statutes. Gun owners must navigate these laws to comprehend their rights and ensure compliance. New prohibitions and regulations often face legal challenges; for instance, all three laws passed in 2023 are currently contested by gun rights advocates.
In 2008, the U.S. Supreme Court ruled in District of Columbia v. Heller that the Second Amendment protects an individual’s right to own guns for self-defense at home. In 2022, in New York State Rifle and Pistol Association v. Bruen, the Court affirmed the right to carry guns in public for self-defense. This means gun control legislation is heavily scrutinized by lawmakers and courts.
Colorado gun owners must also comply with federal laws governing the purchase, sale, possession, and use of firearms. The Gun Control Act of 1968 sets the framework for firearm regulation, including a list of prohibited persons. The Brady Handgun Violence Prevention Act of 1994 expanded this list and established a federal background check system to prevent sales to felons and other prohibited individuals.
Even with Second Amendment protections, states can regulate certain weapons and accessories. In Colorado, sawed-off shotguns and silencers are illegal.
Colorado does not ban assault weapons but limits large-capacity magazines. The Colorado Supreme Court upheld this limitation in Rocky Mountain Gun Owners v. Polis (2020), ruling that it did not unduly infringe on gun rights under the state constitution.
Background checks are nearly universal in Colorado, required for all sales or transfers through firearms dealers, including private sales. Certain temporary transfers, gifts, and loans between family members are exempt. The Colorado Bureau of Investigation provides guidance on background checks and firearm prohibitions.
In 2021, Colorado revised state law to allow local jurisdictions like Denver and Boulder County to enact stricter gun control measures, such as restrictions on open carry and concealed carry, and bans on assault weapons.
In 2022, Governor Jared Polis signed the Vote Without Fear Act, prohibiting open carry within 100 feet of polling places during elections. In 2023, Colorado expanded its red flag law, enabling more individuals to request extreme risk protection orders to restrict access to firearms for those deemed a risk to themselves or others.
- Colorado Revised Statutes Section 18–12–102 : Possession of a dangerous or illegal weapon
- Section 18–12–103 : Possession of a defaced firearm
- Section 18–12–104 : Defacing a firearm
- Section 18–12–105 : Unlawfully carrying a concealed weapon
- Section 18–12–105.5 : Unlawfully carrying a concealed weapon on school grounds
- Section 18–12–106 : Prohibited use of weapons
- Section 18–12–107.5 : Illegal discharge of a firearm
- Section 18–12–111 : Unlawful purchase of firearms
- Section 18–12–108 : Possession by prior offenders
Colorado classifies certain weapons as illegal, including:
- Firearm silencers
- Machine guns
- Machine gun conversion devices
- Short rifles/shotguns
Defaced firearms are also illegal, defined as guns with serial numbers or identifying marks altered, defaced, destroyed, or removed, except by normal wear and tear. Colorado also bans the use of large-capacity magazines over 15 rounds, with limited exceptions.
There is a three-day waiting period to purchase a firearm in Colorado.
You are prohibited from owning a firearm if you:
- Are a minor as defined by state law
- Have a felony conviction or an attempt/conspiracy to commit a felony
- Have been convicted of a misdemeanor or crime of domestic violence
- Are subject to a domestic violence, criminal extreme risk, or certain other protection orders
- Have been committed to a mental institution or adjudicated as “mentally defective”
- Are unlawfully in the U.S. or admitted under a non-immigrant visa
- Are a fugitive from the law
- Are an unlawful user or addict of a controlled substance
- Have been dishonorably discharged from the U.S. Armed Forces
- Have renounced U.S. citizenship
Colorado does not require gun owners or purchasers to obtain a permit or license.
- Residents : A license is needed to carry a concealed firearm in public.
- Non-Residents : You can carry a concealed firearm if you have a license from your home state and there is a reciprocity agreement with Colorado.
Yes, open carry is allowed, but local governments may regulate or prohibit open carry in certain areas.
To obtain a concealed carry license from your local sheriff, you must:
- Be 21 years of age or older
- Be a legal resident of Colorado
- Be eligible to possess a firearm under federal and state laws
- Complete a gun safety course
- Not be a chronic abuser or addicted to alcohol or controlled substances
- Not have been convicted of perjury or deliberately failed to disclose information on a concealed carry application
- Not be subject to a protection order
Machine guns are prohibited unless you have a valid permit.
- Possession of a Dangerous Weapon : Class 5 felony, punishable by one to three years in prison and/or a fine of $1,000-$100,000.
- Possession of a Defaced Firearm : Class 1 misdemeanor, up to 364 days in jail and/or a fine of up to $1,000 (a second conviction may be enhanced to a class 5 felony).
- Unlawfully Carrying a Concealed Weapon : Class 1 misdemeanor, up to 364 days in jail and/or a fine of up to $1,000 (a second conviction may be enhanced to a class 5 felony).
- Unlawful Purchase of Firearms : Class 4 felony, two to six years in prison and/or a fine of $2,000-$500,000.
- Possession by a Previous Offender : Class 5 felony, one to three years in prison and/or a fine of $1,000-$100,000.
Class 5 felony, punishable by one to three years in prison and/or a fine of $1,000-$100,000.
