Can I legally possess a semi-automatic, so-called "Assault Weapon" in Colorado?    CONDITIONAL YES.  Some municipalities ban them or require their registration.  Though SB03-25 was designed to remove these municipal restrictions, a November 2004 ruling by Judge Meyers kept the Denver ban in place (though modified). 

What is an "Assault Weapon"?    Colorado law does not define an "assault rifle" or "assault weapon".  Click Here for a short video that may help you understand the difference between a full-auto rifle and semi-auto rifle (Note: the narrator of the video misstates that fully automatic firearms are illegal -- please see our NFA weapons FAQ section.

Does the City of Denver have an Assault Weapons Ban (AWB)?  YES.  Section 38-130 of Denver’s Revised Municipal Code was amended in 2007 and is titled “Assault Weapons”  Denver's Assault Weapon ordinance (as well as other firearms ordinances) can be viewed here.  That ban, however, only applies to firearms with magazines that hold more than 20 rounds.

Does Denver’s AW ban specific firearms?  NO.  Denver had a list of specific weapons that were banned but the 2007 amendments eliminated that list.  For example, Denver’s old law banned the Colt AR15 by name.  That weapon and all others on the previous list are now allowed in Denver with certain exceptions – namely those weapons with a high capacity magazine of 21 or more rounds.  So, an AR15 with a 20 round magazine is not considered an "Assault Weapon" by Denver's ordinance.  That same rifle with a magazine with a capacity of 21 or more rounds is considered an "Assault Weapon.".

Does that mean that I can own a so called Assault Weapon in Denver?  CONDITIONAL YES.  There are limitations on what you can own.  Generally, Denver’s new law bans the possession of both high capacity magazines of 21 rounds or more and all rifles with a magazine of 21 or more rounds, which makes it an "Assault Weapon" in Denver's eyes.

Does Denver ban shotguns as well?  YES.  Any semi-automatic shotgun with a magazine capacity of 6 or more rounds or a folding stock or both is also considered an AW. Here is the law from Denver:

(1)   Assault weapon shall include all firearms with any of the following characteristics: 

a.   All semiautomatic action, centerfire rifles with a detachable magazine with a capacity of twenty-one (21) or more rounds.

b.   All semiautomatic shotguns with a folding stock or a magazine capacity of more than six (6) rounds or both.

c.   Reserved.

d.   Any firearm which has been modified to be operable as an assault weapon as defined herein.

e.   Any part or combination of parts designed or intended to convert a firearm into an assault weapon, including a detachable magazine with a capacity of twenty-one (21) or more rounds, or any combination of parts from which an assault weapon may be readily assembled if those parts are in the possession or under the control of the same person.

Are there any exceptions to this law?  YES.  Here is the law from Denver:

(c)   Specific weapons not included.  As used in this section, assault weapon  does not include any of the following: 

(1)   All weapons that do not use fixed cartridges, all weapons that were in production prior to 1898, all manually operated bolt-action weapons, all lever-action weapons, all slide-action weapons, all single-shot weapons, all multiple-barrel weapons, all revolving-cylinder weapons, all semiautomatic weapons for which there is no fixed magazine with capacity of twenty-one (21) or more rounds available, all semiautomatic weapons that use exclusively en bloc clips, all semiautomatic weapons in production prior to 1954 and all rimfire weapons that employ a tubular magazine.

(2)   Any firearm that uses .22 caliber rimfire ammunition.

(3)   Any assault weapon which has been modified either to render it permanently inoperable or to permanently make it a device no longer defined as an assault weapon.

(j)      Penalty.  Any person, firm or corporation who is convicted of violating any provision of this section shall be punished by a fine of not less than one hundred dollars ($100.00) or more than nine hundred ninety-nine dollars ($999.00) and a term of incarceration of not less than ten (10) days nor more than one hundred eighty (180) days.

What if I am not a resident of Denver? Can I be arrested if I am in Denver with my AW and hi-cap magazine?  YES.  Denver provides for an affirmative defense if you are not a resident of Denver and are traveling through Denver with your AW and hi-cap magazine.  You can be and likely will be arrested and jailed and your vehicle will be towed and stored.  You have to hire a lawyer to get the charges dismissed.  In some cases in the past, Denver’s City Attorney allowed those arrested with an AW to give the guns to the city in exchange for dropping charges.  This can be less costly than paying an attorney to get the charges dismissed and to get your guns back.

Here is the law from Denver:

(3)   It shall be an affirmative defense to charges brought under this section that the transportation of an assault weapon:

(a)   Is through the city by a nonresident who is in legal possession of an assault weapon; or

(b)   Is by a person carrying a permit issued under subsection (f) and the transportation is for one (1) of the following purposes:

i.   In aid of the civil power when thereto legally summoned;

ii.   To a bona fide hunting trip for wild game, or to a legitimate sporting use of such weapon, including shooting matches or target trap or skeet shooting. All weapons carried for such purposes shall be unloaded;

iii.   While transporting such weapon to or from a place for sale outside the city or for repair.  All weapons carried for such purposes shall be unloaded at all times;

iv.   As a member of the armed forces of a state or of the federal government while engaged in the lawful performance of duty;
v.        In conjunction with moving personal property, including such weapon, from an old residence to a new residence.  All weapons carried for such purposes shall be unloaded at all times.

Can I buy firearms through the mail?  NO.  You may, however, contact a Federal Firearms Licensee and pay them a nominal fee ($15-$25).  Click here for a list of FFL's in your area.

1. Within 150 yards of a residence, building, campsite, developed recreation site, or occupied area; or

2. Across or on a Forest Development road or an adjacent body of water, or in any manner or place whereby any person or property is exposed to injury or damage as a result of such discharge; or

3. Into or within any cave. [36 CFR 261.10 (d)]

Note: Some forest or districts have additional restrictions on discharging a firearm. You are advised to check with the authorities in the areas you will be visiting.

18-12-106. Prohibited use of weapons.
(1) A person commits a class 2 misdemeanor if:
(d) The person has in his or her possession a firearm while the person is under the influence of intoxicating liquor or of a controlled substance, as defined in section 12-22-303 (7), C.R.S. Possession of a permit issued under section 18-12-105.1, as it existed prior to its repeal, or possession of a permit or a temporary emergency permit issued pursuant to part 2 of this article is no defense to a violation of this subsection (1).
 

If I have a permit to carry concealed, can I carry in a bar or restaurant that serves alcohol?  YES, provided the private business owner does not ban.

Medical Marijuana & Firearms Prohibitions

Is it legal to have a medical marijuana prescription and purchase a firearm?  No. 

Open Carryy

Does it matter if it is loaded or not?  SOMETIMES.

In general, it does not change things legally if it is loaded or not. For example, in your car, the law does prohibit long guns with a round chambered, but not handguns. These are based on hunting laws.  But the law concerning weapons “in facilities of public transportation” does specify “any loaded firearm.” Technically, an unloaded firearm would be legal, but a violation of this law is a felony, so arguing loaded v. unloaded is some very thin ice to skate on. 

33-6-125. Possession of a loaded firearm in a motor vehicle.

It is unlawful to possess any firearm, other than a pistol or revolver, in or on any motor vehicle unless the chamber of such firearm is unloaded. For the purposes of this section, a "muzzle-loader" shall be considered unloaded if it is not primed, and, for such purpose, "primed" means having a percussion cap on the nipple or flint in the striker and powder in the flash pan.  

18-9-118. Firearms, explosives, or incendiary devices in facilities of public transportation. 

A person commits a class 6 felony if, without legal authority, he has any loaded firearm or explosive or incendiary device, as defined in section 9-7-103, C.R.S., in his possession in, or carries, brings, or causes to be carried or brought any of such items into, any facility of public transportation, as defined in section 18-9-115 (4).

Where can I Open Carry? Everywhere except where specifically prohibited.

Where can I not Open Carry?  Several places. These fit into four main categories: Prohibited by Law Areas, Prohibiting Municipalities, Prohibiting Private Businesses and Prohibiting Private Residences.

-Prohibited by Law Areas:

-Facility of public transportation. (If loaded)

18-9-118. Firearms, explosives, or incendiary devices in facilities of public transportation. 

A person commits a class 6 felony if, without legal authority, he has any loaded firearm or explosive or incendiary device, as defined in section 9-7-103, C.R.S., in his possession in, or carries, brings, or causes to be carried or brought any of such items into, any facility of public transportation, as defined in section 18-9-115 (4). 

 18-9-115. Endangering public transportation.
(4) "Facility of public transportation" includes a public conveyance and any area, structure, or device which is designed, adapted, and used to support, guide, control, permit, or facilitate the movement, starting, stopping, takeoff, landing, or servicing of a public conveyance or the loading or unloading of passengers or goods.

-Chambers, galleries, or offices of the general assembly, or a building in which a legislative hearing or meeting is being or is to be conducted            

18-12-105. Unlawfully carrying a concealed weapon - unlawful possession of weapons.  

(c) Without legal authority, carries, brings, or has in such person's possession a firearm or any explosive, incendiary, or other dangerous device on the property of or within any building in which the chambers, galleries, or offices of the general assembly, or either house thereof, are located, or in which a legislative hearing or meeting is being or is to be conducted, or in which the official office of any member, officer, or employee of the general assembly is located. 

(2) It shall not be an offense if the defendant was:  

(c) A person who, at the time of carrying a concealed weapon, held a valid written permit to carry a concealed weapon issued pursuant to section 18-12-105.1, as it existed prior to its repeal, or, if the weapon involved was a handgun, held a valid permit to carry a concealed handgun or a temporary emergency permit issued pursuant to part 2 of this article; except that it shall be an offense under this section if the person was carrying a concealed handgun in violation of the provisions of section 18-12-214; or                       

-School, college, or university grounds. 

18-12-105.5. Unlawfully carrying a weapon - unlawful possession of weapons - school, college, or university grounds. 

(1) A person commits a class 6 felony if such person knowingly and unlawfully and without legal authority carries, brings, or has in such person's possession a deadly weapon as defined in section 18-1-901 (3) (e) in or on the real estate and all improvements erected thereon of any public or private elementary, middle, junior high, high, or vocational school or any public or private college, university, or seminary, except for the purpose of presenting an authorized public demonstration or exhibition pursuant to instruction in conjunction with an organized school or class, for the purpose of carrying out the necessary duties and functions of an employee of an educational institution that require the use of a deadly weapon, or for the purpose of participation in an authorized extracurricular activity or on an athletic team. 

(3) It shall not be an offense under this section if: 

(a) The weapon is unloaded and remains inside a motor vehicle while upon the real estate of any public or private college, university, or seminary; or 

(b) The person is in that person's own dwelling or place of business or on property owned or under that person's control at the time of the act of carrying; or 

(c) The person is in a private automobile or other private means of conveyance and is carrying a weapon for lawful protection of that person's or another's person or property while traveling; or 

(d) The person, at the time of carrying a concealed weapon, held a valid written permit to carry a concealed weapon issued pursuant to section 18-12-105.1, as said section existed prior to its repeal; except that it shall be an offense under this section if the person was carrying a concealed handgun in violation of the provisions of section 18-12-214 (3); or 

(d.5) The weapon involved was a handgun and the person held a valid permit to carry a concealed handgun or a temporary emergency permit issued pursuant to part 2 of this article; except that it shall be an offense under this section if the person was carrying a concealed handgun in violation of the provisions of section 18-12-214 (3); or 

(e) The person is a peace officer, as described in section 16-2.5-101, C.R.S., when carrying a weapon in conformance with the policy of the employing agency as provided in section 16-2.5-101 (2), C.R.S.; or 

(h) The person has possession of the weapon for use in an educational program approved by a school which program includes, but shall not be limited to, any course designed for the repair or maintenance of weapons.

-Premises of a Racetrack (Not a crime, but grounds for future denial of racing license.)

12-60-507. Investigation - denial, suspension, and revocation actions against licensees - unlawful acts.

(1) The commission upon its own motion may, and upon complaint in writing of any person shall, investigate the activities of any licensee or applicant within the state or any person upon the premises of any facility licensed pursuant to this article. In addition to its authority under any other provision of this article, the commission may issue a letter of admonition to a licensee, fine a licensee, suspend a license, deny an application for a license, or revoke a license, if such person has committed any of the following violations:

(m) Possession on the premises of a racetrack of:

(I) Firearms; or

            -On a Snowmobile

33-14-117. Hunting, carrying weapons on snowmobiles - prohibitions.

(1) It is unlawful for any person to:

(b) Operate or ride on any snowmobile with any firearm in his possession, unless such firearm is unloaded and enclosed in a carrying case or inserted in a scabbard, or with any bow unless it is unstrung or cased, but this paragraph (b) shall not apply to any person to whom the division of wildlife has issued a permit for the control of predators such as coyotes, foxes, bobcats, and the like;

(3) Any person who violates subsection (1) of this section is guilty of a class 2 petty offense and, upon conviction, shall be punished by a fine as follows:

(b) For a violation of paragraph (b) of subsection (1) of this section, fifty dollars; and 

29-11.7-104. Regulation - carrying - posting. 

A local government may enact an ordinance, regulation, or other law that prohibits the open carrying of a firearm in a building or specific area within the local government's jurisdiction. If a local government enacts an ordinance, regulation, or other law that prohibits the open carrying of a firearm in a building or specific area, the local government shall post signs at the public entrances to the building or specific area informing persons that the open carrying of firearms is prohibited in the building or specific area.

At this website is found a table of all the municipal government names, most of which have websites.

Denver's prohibition on open carry, which is not explicitly stated.

Arvada's open carry prohibition

Businesses are private property, and except for some very broad categories established by the courts, a business can disallow almost anything from being on their property. This, unfortunately, is sometimes legal firearms, both openly carried and concealed carry (with permit).  Please consult our Merchant Awareness Program for more information (and our position and strategy) on this issue.

18-4-504. Third degree criminal trespass.

(1) A person commits the crime of third degree criminal trespass if such person unlawfully enters or remains in or upon premises of another.

(2) Third degree criminal trespass is a class 1 petty offense…

-Prohibiting Private Residences

Basically the same as a business, but more privacy applies here. If someone doesn’t want something or somebody in there home, that’s their right

18-4-504. Third degree criminal trespass. 

(1) A person commits the crime of third degree criminal trespass if such person unlawfully enters or remains in or upon premises of another. 

(2) Third degree criminal trespass is a class 1 petty offense…

Of open carry concern (Laws with the potential for LEO abuse): “Brandishing” “threatening” and “disorderly public conduct” laws “trespassing”

                        18-9-106. Disorderly conduct. 

(1) A person commits disorderly conduct if he or she intentionally, knowingly, or recklessly: 

(f) Not being a peace officer, displays a deadly weapon, displays any article used or fashioned in a manner to cause a person to reasonably believe that the article is a deadly weapon, or represents verbally or otherwise that he or she is armed with a deadly weapon in a public place in a manner calculated to alarm. 

(3) An offense under…(1) (f) of this section is a class 2 misdemeanor.           

18-3-206. Menacing. 

(1) A person commits the crime of menacing if, by any threat or physical action, he or she knowingly places or attempts to place another person in fear of imminent serious bodily injury. Menacing is a class 3 misdemeanor, but, it is a class 5 felony if committed: 

(a) By the use of a deadly weapon or any article used or fashioned in a manner to cause a person to reasonably believe that the article is a deadly weapon; or 

(b) By the person representing verbally or otherwise that he or she is armed with a deadly weapon.           

18-4-504. Third degree criminal trespass. 

 (1) A person commits the crime of third degree criminal trespass if such person unlawfully enters or remains in or upon premises of another. 

(2) Third degree criminal trespass is a class 1 petty offense…

A local government may enact an ordinance, regulation, or other law that prohibits the open carrying of a firearm in a building or specific area within the local government's jurisdiction. If a local government enacts an ordinance, regulation, or other law that prohibits the open carrying of a firearm in a building or specific area, the local government shall post signs at the public entrances to the building or specific area informing persons that the open carrying of firearms is prohibited in the building or specific area.

It is unlawful for any person, except law enforcement officers in the performance of their duties, to openly carry a firearm in any Town-owned or -operated building, or on any Town-owned or -operated park, recreation area or property upon which the Town Manager has directed to be posted a notification that the carrying of firearms is prohibited. (Ord. 2003-41 §1, 2003)

Lakewood's Open Carry ban: Click here

Colorado Law concerning the Use of Deadly Force

18-1-704.5 Use of deadly physical force against an intruder.

(2) Notwithstanding the provisions of section 18-1-704, any occupant of a dwelling is justified in using any degree of physical force, including deadly physical force, against another person when that other person has made an unlawful entry into the dwelling, and when the occupant has a reasonable belief that such other person has committed a crime in the dwelling in addition to the uninvited entry, or is committing or intends to commit a crime against a person or property in addition to the uninvited entry, and when the occupant reasonably believes that such other person might use any physical force, no matter how slight, against any occupant.

(3) Any occupant of a dwelling using physical force, including deadly physical force, in accordance with the provisions of subsection (2) of this section shall be immune from criminal prosecution for the use of such force.

(4) Any occupant of a dwelling using physical force, including deadly physical force, in accordance with the provisions of subsection (2) of this section shall be immune from any civil liability for injuries or death resulting from the use of such force.

Does Colorado law allow the use of physical force in defense of a person (outside of the home)?  YES.

18-1-704 Use of physical force in defense of a person.

(2) Deadly physical force may be used only if a person reasonably believes a lesser degree of force is inadequate and:

(a) The actor has reasonable ground to believe, and does believe, that he or another person is in imminent danger of being killed or of receiving great bodily injury; or

(b) The other person is using or reasonably appears about to use physical force against an occupant of a dwelling or business establishment while committing or attempting to commit burglary as defined in sections 18-4-202 to 18-4-204; or

(c) The other person is committing or reasonably appears about to commit kidnapping as defined in section 18-3-301 or 18-3-302, robbery as defined in section 18-4-301 or 18-4-302, sexual assault as set forth in section 18-3-402, or in section 18-3-403 as it existed prior to July 1, 2000, or assault as defined in sections 18-3-202 and 18-3-203.

(3) Notwithstanding the provisions of subsection (1) of this section, a person is not justified in using physical force if:

(a) With intent to cause bodily injury or death to another person, he provokes the use of unlawful physical force by that other person; or

(b) He is the initial aggressor; except that his use of physical force upon another person under the circumstances is justifiable if he withdraws from the encounter and effectively communicates to the other person his intent to do so, but the latter nevertheless continues or threatens the use of unlawful physical force; or

(c) The physical force involved is the product of a combat by agreement not specifically authorized by law.

(4) In a case in which the defendant is not entitled to a jury instruction regarding self-defense as an affirmative defense, the court shall allow the defendant to present evidence, when relevant, that he or she was acting in self-defense. If the defendant presents evidence of self-defense, the court shall instruct the jury with a self-defense law instruction. The court shall instruct the jury that it may consider the evidence of self-defense in determining whether the defendant acted recklessly, with extreme indifference, or in a criminally negligent manner. However, the self-defense law instruction shall not be an affirmative defense instruction and the prosecuting attorney shall not have the burden of disproving self-defense. This section shall not apply to strict liability crimes.

NFA Weapons (Machineguns, Suppressors, etc))

Can I legally possess a machine gun in Colorado?    CONDITIONAL YES.  Colorado law has no additional prohibitions for NFA weapons (that are not in place by Federal law).  Many municipalities/counties have a standing policy that their law enforcement officials will not sign Form 4's, but that's rare.

For an FAQ about the Federal laws, click here for Bardwell's excellent primer.

Resources

Municipal Codes for: Alamosa, Arvada, Aurora, Denver, Englewood, La Plata County, Lafayette, Larimer County, Louisville, Sheridan, Steamboat Springs, Sterling, Thornton, Wheat Ridge, Woodland Park

2008 ATF Compilation of State Gun Laws (Caution: PDF file is 10mb)

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