Firearm FAQs

a. With the passing of HB21-1106, Coloradans with minors in the household are now required to store their firearms “responsibly and securely”.

i. 18-12-114. Secure firearm storage required – penalty – exceptions. (1) FIREARMS MUST BE RESPONSIBLY AND SECURELY STORED WHEN THEY ARE NOT IN USE TO PREVENT ACCESS BY UNSUPERVISED JUVENILES AND OTHER UNAUTHORIZED USERS. A PERSON RESPONSIBLY AND SECURELY STORES A FIREARM WHEN: (a) THE PERSON CARRIES THE FIREARM ON HIS OR HER PERSON OR WITHIN SUCH CLOSE PROXIMITY THERETO THAT THE PERSON CAN READILY RETRIEVE AND USE THE FIREARM AS IF THE PERSON CARRIED THE FIREARM ON HIS OR HER PERSON;

ii. (b) THE FIREARM IS KEPT IN A LOCKED GUN SAFE OR OTHER SECURE CONTAINER OR IN A MANNER THAT A REASONABLE PERSON WOULD BELIEVE TO BE SECURE AND A JUVENILE OR RESIDENT OF THE PREMISES WHO IS INELIGIBLE TO POSSESS A FIREARM DOES NOT HAVE ACCESS TO THE KEY, COMBINATION, OR OTHER UNLOCKING MECHANISM NECESSARY TO OPEN THE SAFE OR CONTAINER;

iii. (c) THE PERSON PROPERLY INSTALLS A LOCKING DEVICE ON THE FIREARM AND A JUVENILE OR RESIDENT OF THE PREMISES WHO IS INELIGIBLE TO POSSESS A FIREARM DOES NOT HAVE ACCESS TO THE KEY, COMBINATION, OR OTHER UNLOCKING MECHANISM NECESSARY TO REMOVE THE LOCKING DEVICE; OR

iv. (2) (a) A PERSON COMMITS UNLAWFUL STORAGE OF A FIREARM WHEN THE PERSON FAILS TO RESPONSIBLY AND SECURELY STORE A FIREARM, AS DESCRIBED IN SUBSECTION (1) OF THIS SECTION, UPON ANY PREMISES THAT THE PERSON OWNS OR CONTROLS AND THE PERSON KNOWS OR REASONABLY SHOULD KNOW THAT:

v. (I) A JUVENILE CAN GAIN ACCESS TO THE FIREARM WITHOUT THE PERMISSION OF THE JUVENILE’S PARENT OR GUARDIAN; OR

vi. (II) A RESIDENT OF THE PREMISES IS INELIGIBLE TO POSSESS A FIREARM PURSUANT TO STATE OR FEDERAL LAW.

vii. (b) UNLAWFUL STORAGE OF A FIREARM IS A CLASS 2 MISDEMEANOR.

viii. (C) IT IS AN AFFIRMATIVE DEFENSE TO THE OFFENSE OF UNLAWFUL STORAGE OF A FIREARM THAT A JUVENILE GAINED POSSESSION OF, AND USED, THE FIREARM FOR THE PURPOSE OF EXERCISING THE RIGHTS CONTAINED IN SECTION 18-1-704 OR 18-1-704.5 OR IN DEFENSE OF LIVESTOCK.

Excepted from this requirement are private sales of antique firearms, private sales of firearms treated as curios or relics under Federal law (which includes all firearms which are at least 50 years old), and gifts between immediate family members defined as spouses, parents, children, siblings, grandparents, grandchildren, nieces, nephews, first cousins, aunts, and uncles.

If the prospective purchaser is ineligible to purchase the firearm from a dealer (is under the age of 21 for a handgun, or 18 for a long gun) the dealer cannot legally complete the sale, as the transaction must be legal under Federal law governing licensed dealers.

18-12-112. Private firearms transfers – background check required – penalty – definitions

(b) When a person is convicted of violating a provision of this section, the state court administrator shall report the conviction to the bureau and to the national instant criminal background check system created by the federal “Brady Handgun Violence Prevention Act”, Pub.L. 103-159, the relevant portion of which is codified at 18 U.S.C. sec. 922 (t). The report shall include information indicating that the person is prohibited from possessing a firearm for two years, beginning on the date of his or her conviction.

Persons convicted of a federal offense may elect to apply for a presidential pardon. Information on applying for a presidential pardon may be obtained at:

U.S. Department of Justice

The Pardon Attorney’s Office

1425 New York Avenue, NW, Suite 11000

Washington, DC 20530 USA

Voice (202) 616-6070

While Federal law provides for a restoration of firearm privileges for felons and others subject to a firearms disability (18 USC section 925(c )), Congress has prohibited the expenditure of funds for this purpose annually since 1992. In the case United States v. Bean, 537 U.S. 71 (2002), the U.S. Supreme Court decided that this annual appropriations provision meant that restoration of firearms ownership for felons under the Gun Control Act was no longer available. If the conviction is under state law, a state may provide for restoration of firearms ownership rights. For a Federal law conviction, a presidential pardon is the only avenue currently available for restoration of rights.

Yes. No permit is required to carry a concealed, loaded, handgun in one’s car, home or business. Further, local jurisdictions are prohibited from making rules that are more strict than state law, and even Denver has toed the line on this issue.

See C.R.S. section 18-12-105. Unlawfully carrying a concealed weapon – unlawful possession of weapons
(1) A person commits a class 2 misdemeanor if such person knowingly and unlawfully:
(a) Carries a knife concealed on or about his or her person; or
(b) Carries a firearm concealed on or about his or her person; or
(2) It shall not be an offense if the defendant was:
(a) A person in his or her own dwelling or place of business or on property owned or under his or her control at the time of the act of carrying; or
(b) A person in a private automobile or other private means of conveyance who carries a weapon for lawful protection of such person’s or another’s person or property while traveling;

8-12-105.6. Limitation on local ordinances regarding firearms in private vehicles
(1) The general assembly hereby finds that:
(a) A person carrying a weapon in a private automobile or other private means of conveyance for hunting or for lawful protection of such person’s or another’s person or property, as permitted in sections 18-12-105 (2) (b) and 18-12-105.5 (3) (c), may tend to travel within a county, city and county, or municipal jurisdiction or in or through different county, city and county, and municipal jurisdictions, en route to the person’s destination;
(b) Inconsistent laws exist in local jurisdictions with regard to the circumstances under which weapons may be carried in automobiles and other private means of conveyance;
(c) This inconsistency creates a confusing patchwork of laws that unfairly subjects a person who lawfully travels with a weapon to criminal penalties because he or she travels within a jurisdiction or into or through another jurisdiction;
(d) This inconsistency places citizens in the position of not knowing when they may be violating local laws while traveling within a jurisdiction or in, through, or between different jurisdictions, and therefore being unable to avoid committing a crime.
(2) (a) Based on the findings specified in subsection (1) of this section, the general assembly concludes that the carrying of weapons in private automobiles or other private means of conveyance for hunting or for lawful protection of a person’s or another’s person or property while traveling into, through, or within, a municipal, county, or city and county jurisdiction, regardless of the number of times the person stops in a jurisdiction, is a matter of statewide concern and is not an offense.
(b) Notwithstanding any other provision of law, no municipality, county, or city and county shall have the authority to enact or enforce any ordinance or resolution that would restrict a person’s ability to travel with a weapon in a private automobile or other private means of conveyance for hunting or for lawful protection of a person’s or another’s person or property while traveling into, through, or within, a municipal, county, or city and county jurisdiction, regardless of the number of times the person stops in a jurisdiction.

a. Denver Revised Municipal Code Citation: Chapters 38&39:

b. The City and County of Denver has banned the concealed carry of handguns in all parks and all property owned by, leased by, or leased to the City or County of Denver. It carries a $50 fine for the first offense, rising to $999 for every subsequent violation. This includes properties within the city limits and extends to parks owned or leased by the City of Denver, such as Winter Park Resort, Red Rocks Park & Amphitheater, Daniels Mountain Park, and Summit Lake Park. Signage will indicate the properties that this ban impacts. Otherwise, concealed carry is allowed in private establishments in Denver.

18-12-205. Sheriff – application – procedure – background check.

(2) (a) An applicant shall complete the permit application form and return it, in person, to the sheriff of the county or city and county in which the applicant resides or to the sheriff of the county or city and county in which the applicant maintains a secondary residence or owns or leases real property used by the applicant in a business.

What exactly is Open Carry? There is no statutory definition of open carry. But put simply, it is the carrying of a firearm that is not concealed. Colorado law is silent on open carry. As it is not prohibited , it is legal. Denver has a municipal ordinance that prohibits open carry. The Denver ordinance, together with a prohibition on issuing concealed carry permits to non-Colorado residents, was upheld as not violating the 2^nd amendment in Peterson v. Martinez, 707 F.3d 1197 (10^th Cir 2013). http://www.ca10.uscourts.gov/opinions/11/11-1149.pdf This decision seems to conflict with decisions in other circuits, however the U.S. Supreme Court has thus far not reviewed the issue.

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.

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

It is unlawful for any person, except a person authorized by law or by the division, to possess or have under his control any firearm, other than a pistol or revolver, in or on any motor vehicle unless the chamber of such firearm is unloaded. Any person in possession or in control of a rifle or shotgun in a motor vehicle shall allow any peace officer, as defined in section 33-1-102 (32), who is empowered and acting under the authority granted in section 33-6-101 to enforce articles 1 to 6 of this title to inspect the chamber of any rifle or shotgun in the motor vehicle. 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. Any person who violates this section is guilty of a misdemeanor and, upon conviction thereof, shall be punished by a fine of fifty dollars and an assessment of fifteen license suspension points.

Under Federal law the following persons may not purchase a firearm from a licensed dealer, and in most cases are also prohibited from possessing a firearm or ammunition; a person who (1) is under indictment for, or has been convicted in any court of, a crime punishable by imprisonment for a term exceeding one year; (2) is a fugitive from justice; (3) is an unlawful user of or addicted to any controlled substance (as defined in section 102 of the Controlled Substances Act (21 U.S.C. 802)); (4) has been adjudicated as a mental defective or has been committed to any mental institution; (5) who, being an alien- (A) is illegally or unlawfully in the United States; or (B) except as provided in subsection (y)(2), has been admitted to the United States under a nonimmigrant visa (as that term is defined in section 101(a)(26) of the Immigration and Nationality Act (8 U.S.C. 1101(a)(26))); (6) who has been discharged from the Armed Forces under dishonorable conditions; (7) who, having been a citizen of the United States, has renounced his citizenship; (8) is subject to a court order that restrains such person from harassing, stalking, or threatening an intimate partner of such person or child of such intimate partner or person, or engaging in other conduct that would place an intimate partner in reasonable fear of bodily injury to the partner or child, except that this paragraph shall only apply to a court order that- (A) was issued after a hearing of which such person received actual notice, and at which such person had the opportunity to participate; and (B) (i) includes a finding that such person represents a credible threat to the physical safety of such intimate partner or child; or (ii) by its terms explicitly prohibits the use, attempted use, or threatened use of physical force against such intimate partner or child that would reasonably be expected to cause bodily injury; or (9) has been convicted in any court of a misdemeanor crime of domestic violence.

Under Colorado law the following persons , who may not be prohibited from possessing a firearm under State or Federal law, will nonetheless fail the background check and be prohibited from purchasing firearms from a dealer:

C.R.S. section 24-22.5-424. The bureau shall deny a transfer of a firearm to a prospective transferee if the transfer would violate 18 U.S.C. sec. 922 (g) or (n) or result in the violation of any provision of state law, including but not limited to section 18-12-108 (4) (c), C.R.S., involving acts which, if committed by an adult, would constitute a burglary, arson, or any felony involving the use of force or the use of a deadly weapon.
(b) (I) In addition to the grounds for denial specified in paragraph (a) of this subsection (3), the bureau shall deny a transfer of a firearm if, at any time the bureau transmits the request or searches other databases, information indicates that the prospective transferee:
(A) Has been arrested for or charged with a crime for which the prospective transferee, if convicted, would be prohibited under state or federal law from purchasing, receiving, or possessing a firearm and either there has been no final disposition of the case or the final disposition is not noted in the other databases; or
(B) Is the subject of an indictment, an information, or a felony complaint alleging that the prospective transferee has committed a crime punishable by imprisonment for a term exceeding one year as defined in 18 U.S.C. sec. 921 (a) (20), as amended, and either there has been no final disposition of the case or the final disposition is not noted in the other databases.

In the event you fail a background check due to the problem with incomplete records noted in paragraph (b) it is incumbent upon the person who wishes to buy the gun to contact the agency that CBI has as the source of the incomplete record, and obtain proof that the firearms disability suggested by the incomplete record does not exist. For example, if CBI says a court in Arizona reports that the buyer was under indictment for a felony, but do not note how the case turned out, the buyer must contact the court in Arizona and obtain proof the case was dismissed, or was plea bargained down to a misdemeanor, or whatever the outcome of the case was. Of course if the outcome was the buyer was convicted of a felony, just as he was initially charged, there is not much point in the exercise, as the purchase would still be denied.

If you are denied a purchase by the CBI background check the dealer should give you a form which you can use to request the reasons for the denial from CBI. CBI will not tell the dealer the basis for the denial. Once you have the reasons for the denial from CBI you can figure out how to solve the problem. Sometimes it is mistaken identity, but most often, it will be the incomplete records, which would not be a basis for a denial under Federal law, but are the basis for a denial under Colorado law. If you need help with this kind of issue feel free to drop us a note at legal@rmgo.org.

Sec. 38-130. Assault weapons.

(a) Legislative intent. The city council hereby finds and declares that the use of assault weapons poses a threat to the health, safety and security of all citizens of the City and County of Denver. Further, the council finds that assault weapons are capable both of a rapid rate of fire as well as of a capacity to fire an inordinately large number of rounds without reloading and are designed primarily for military or antipersonnel use. The city council finds that law enforcement agencies report increased use of assault weapons for criminal activities. This has resulted in a record number of related homicides and injuries to citizens and law enforcement officers. It is, therefore, the intent of the city council to place reasonable and necessary restrictions on the sale and possession of assault weapons while placing no restrictions on the right of citizens to use weapons which are primarily designed and intended for hunting, target practice and other legitimate sports or recreational activities and the protection of home, person and property.

(b) Definitions. The following words and phrases, when used in this section, shall have these meanings respectively ascribed to them:

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

1. All semiautomatic action, centerfire rifles with a detachable magazine with a capacity of twenty-one (21) or more rounds.
2. All semiautomatic shotguns with a folding stock or a magazine capacity of more than six (6) rounds or both.
3. Reserved.
4. Any firearm which has been modified to be operable as an assault weapon as defined herein.
5. 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.

(2) Fixed cartridge shall mean that self-contained unit consisting of the case, primer, propellant charge and projectile or projectiles.

(3) Magazine shall mean a box, drum or other container which holds and feeds ammunition into a semiautomatic rifle, shotgun or pistol.

(4) Pistol shall mean a weapon originally designed, made and intended to fire a projectile (bullet) from one (1) or more barrels when held in one (1) hand and having:

1. A chamber as an integral part of or permanently aligned with the bore or having a breech-loading chambered cylinder so arranged that the cocking of the hammer or movement of the trigger rotates it and brings the next cartridge in line with the barrel for firing; and
2. A short stock designed to be gripped by one (1) hand and at an angle to and extending below the line of the bore(s).

(5) Rifle shall mean a weapon designed or redesigned, made or remade and intended to be fired from the shoulder or hip and designed or redesigned or made or remade to use the energy of the explosive in a fixed cartridge to fire only a single projectile through a rifled bore for each single pull of the trigger and shall include any such weapon which may be readily restored to fire a fixed cartridge.

(6) Semiautomatic shall mean a weapon which fires a single projectile for each single pull of the trigger which automatically chambers the next round for firing and which employs a magazine.

(7) Shotgun shall mean a weapon designed or redesigned, made or remade and intended to be fired from the shoulder or hip and designed or redesigned and made or remade to use the energy of the explosive in a fixed shotgun shell to fire through a smooth bore either a number of projectiles (ball shot) or a single projectile for each pull of the trigger and shall include any such weapon which may be readily restored to fire a fixed shotgun shell.

(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.

(d) Supplemental provisions. Except as specifically stated herein, the provisions of this section are independent of and supplemental to any other provisions of law, and nothing shall prevent a device defined as an assault weapon in this section from also being regulated under other provisions of law.

(e) Possession of assault weapons unlawful. It shall be unlawful to carry, store, keep, manufacture, sell or otherwise possess within the City and County of Denver a weapon or weapons defined herein as assault weapons, except that this subdivision shall not apply to:

(1) Any federal, state or local government agency or to any sworn members of said agencies acting within their official capacities.

(2) Any assault weapon which is being used as a movie prop for any motion picture or television program which is being filmed in whole or in part within the City and County of Denver if, prior to such use, the police department is notified in advance in writing of the date, time, location, production schedule and days upon which such use shall take place and the type and serial numbers of the firearms.

(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:

1. In aid of the civil power when thereto legally summoned;
2. 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;

1. As a member of the armed forces of a state or of the federal government while engaged in the lawful performance of duty;
2. 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.

(f) Conditional exception. Any person over the age of twenty-one (21) years who obtained an assault weapon legally prior to the effective date of this section may obtain a permit to keep, store and possess said assault weapon if:

(1) Said weapon is properly identifiable and contains its original serial number.

(2) An application for a permit for each assault weapon is filed with the police department within sixty (60) days of the effective date of this section pursuant to such procedures as the department may establish. The application shall contain a description of the firearm that identifies it uniquely, including all identification marks and numbers, the full name, address, date of birth and fingerprints of the owner and the address where such assault weapon will be stored and such other information as the department may deem appropriate. The place of storage and possession shall not be changed without notification to the department of the proposed change in location and when said weapon will be transported. The department may charge a fee for registration not to exceed the actual processing costs of the department.

(3) The department shall issue a permit which shall identify the weapon and where it is to be stored.

(4) The information required for the registration and permitting of assault weapons shall be treated as confidential and shall not be made available to members of the general public. The council finds that the release of such information would constitute an unwarranted invasion of personal privacy and could endanger the life or safety of persons at the premises where an assault weapon is located. The information on a permit application shall be used by the city only for law enforcement purposes.

(g) Sale or transfer unlawful. It is unlawful to sell or transfer possession of an assault weapon possessed pursuant to subsection (f) within the City and County of Denver.

(h) Reserved.

(i) Specific magazine prohibited. It shall be unlawful to carry, store or otherwise possess a magazine which will hold or may be modified to hold twenty-one (21) or more rounds.

(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.

(k) Violation; disposition. Upon a conviction of violating any provision of this section, the weapon shall be confiscated and destroyed under section 38-120, disposition of confiscated weapons.

(Ord. No. 669-89, § 1, 11-6-89; Ord. No. 719-89, § 1, 11-27-89; Ord. No. 1058-96, § 2, 12-9-96; Ord. No. 38-07, § 6, 1-22-07)

Unfortunately, with the 2013 enactment of the private sale background check in Colorado, persons who cannot buy a particular firearm from a dealer because of their age cannot buy them from a private party either. Persons between the ages of 18 and 21 who wish to obtain a handgun, for example, may receive one as a gift from immediate family (spouses, parents, children, siblings, grandparents, grandchildren, nieces, nephews, first cousins, aunts, and uncles), or they may make it themselves, starting with an 80% machined frame or receiver, for example.

Federal law prohibits persons who are under the age of 18 from possessing a handgun, unless they have a note from their parent or guardian, or fall into certain other limited circumstances. See 18 U.S.C. section 922(x). Colorado also prohibits persons under 18 from possessing a handgun, with very limited exceptions . See C.R.S. Section 18-12-108.5. There are no age limits, state or federal, for possessing a rifle or shotgun.

18 USC section 922(x)

(1) It shall be unlawful for a person to sell, deliver, or otherwise transfer to a person who the transferor knows or has reasonable cause to believe is a juvenile-

(A) a handgun; or

(B) ammunition that is suitable for use only in a handgun.

(2) It shall be unlawful for any person who is a juvenile to knowingly possess-

(A) a handgun; or

(B) ammunition that is suitable for use only in a handgun.

(3) This subsection does not apply to-

(A) a temporary transfer of a handgun or ammunition to a juvenile or to the possession or use of a handgun or ammunition by a juvenile if the handgun and ammunition are possessed and used by the juvenile-

(i) in the course of employment, in the course of ranching or farming related to activities at the residence of the juvenile (or on property used for ranching or farming at which the juvenile, with the permission of the property owner or lessee, is performing activities related to the operation of the farm or ranch), target practice, hunting, or a course of instruction in the safe and lawful use of a handgun;

(ii) with the prior written consent of the juvenile’s parent or guardian who is not prohibited by Federal, State, or local law from possessing a firearm, except-

(I) during transportation by the juvenile of an unloaded handgun in a locked container directly from the place of transfer to a place at which an activity described in clause (i) is to take place and transportation by the juvenile of that handgun, unloaded and in a locked container, directly from the place at which such an activity took place to the transferor; or

(II) with respect to ranching or farming activities as described in clause (i), a juvenile may possess and use a handgun or ammunition with the prior written approval of the juvenile’s parent or legal guardian and at the direction of an adult who is not prohibited by Federal, State or local law from possessing a firearm;

(iii) the juvenile has the prior written consent in the juvenile’s possession at all times when a handgun is in the possession of the juvenile; and

(iv) in accordance with State and local law;

(B) a juvenile who is a member of the Armed Forces of the United States or the National Guard who possesses or is armed with a handgun in the line of duty;

(C) a transfer by inheritance of title (but not possession) of a handgun or ammunition to a juvenile; or

(D) the possession of a handgun or ammunition by a juvenile taken in defense of the juvenile or other persons against an intruder into the residence of the juvenile or a residence in which the juvenile is an invited guest.

(4) A handgun or ammunition, the possession of which is transferred to a juvenile in circumstances in which the transferor is not in violation of this subsection shall not be subject to permanent confiscation by the Government if its possession by the juvenile subsequently becomes unlawful because of the conduct of the juvenile, but shall be returned to the lawful owner when such handgun or ammunition is no longer required by the Government for the purposes of investigation or prosecution.

(5) For purposes of this subsection, the term “juvenile” means a person who is less than 18 years of age.

(6) (A) In a prosecution of a violation of this subsection, the court shall require the presence of a juvenile defendant’s parent or legal guardian at all proceedings.

(B) The court may use the contempt power to enforce subparagraph (A).

(C) The court may excuse attendance of a parent or legal guardian of a juvenile defendant at a proceeding in a prosecution of a violation of this subsection for good cause shown.

18-12-108.5. Possession of handguns by juveniles – prohibited – exceptions – penalty
(1) (a) Except as provided in this section, it is unlawful for any person who has not attained the age of eighteen years knowingly to have any handgun in such person’s possession.
(b) Any person possessing any handgun in violation of paragraph (a) of this subsection (1) commits the offense of illegal possession of a handgun by a juvenile.
(c) (I) Illegal possession of a handgun by a juvenile is a class 2 misdemeanor.
(II) For any second or subsequent offense, illegal possession of a handgun by a juvenile is a class 5 felony.
(d) Any person under the age of eighteen years who is taken into custody by a law enforcement officer for an offense pursuant to this section shall be taken into temporary custody in the manner described in section 19-2-508, C.R.S.
(2) This section shall not apply to:
(a) Any person under the age of eighteen years who is:
(I) In attendance at a hunter’s safety course or a firearms safety course; or
(II) Engaging in practice in the use of a firearm or target shooting at an established range authorized by the governing body of the jurisdiction in which such range is located or any other area where the discharge of a firearm is not prohibited; or
(III) Engaging in an organized competition involving the use of a firearm or participating in or practicing for a performance by an organized group under 501 (c) (3) as determined by the federal internal revenue service which uses firearms as a part of such performance; or
(IV) Hunting or trapping pursuant to a valid license issued to such person pursuant to article 4 of title 33, C.R.S.; or
(V) Traveling with any handgun in such person’s possession being unloaded to or from any activity described in subparagraph (I), (II), (III), or (IV) of this paragraph (a);
(b) Any person under the age of eighteen years who is on real property under the control of such person’s parent, legal guardian, or grandparent and who has the permission of such person’s parent or legal guardian to possess a handgun;
(c) Any person under the age of eighteen years who is at such person’s residence and who, with the permission of such person’s parent or legal guardian, possesses a handgun for the purpose of exercising the rights contained in section 18-1-704 or section 18-1-704.5.
(3) For the purposes of subsection (2) of this section, a handgun is “loaded” if:
(a) There is a cartridge in the chamber of the handgun; or
(b) There is a cartridge in the cylinder of the handgun, if the handgun is a revolver; or
(c) The handgun, and the ammunition for such handgun, is carried on the person of a person under the age of eighteen years or is in such close proximity to such person that such person could readily gain access to the handgun and the ammunition and load the handgun.

Generally speaking Federal law prohibits firearm purchases through the mail (or common carrier). If you find a firearm for sale that is out of state and you wish to purchase it, you can arrange to have it shipped to a licensed dealer near you, pay them a nominal fee ($15-$25), and receive it from them.  If you need help locating an FFL near you, reach out to us at 1-888-874-3006.

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 to carry a handgun concealed] is no defense to a violation of this subsection (1).

This can apply in one’s home, as well as in public. If you have a firearm in your car and get arrested for driving under the influence of alcohol or drugs you can also be charged with violating this statute. It is important to note that while Colorado does not prohibit concealed carry in places that serve alcohol, drinking liquor while carrying can be a whole different issue. This statute does not incorporate a specific blood alcohol content (BAC) test, the way some driving under the influence laws do. Instead your intoxication is going to be measured by things like your ability to stand, talk, or whatever else the prosecutor introduces to show you were impaired by the alcohol or drugs. The point is that you can still be intoxicated even if your BAC is not at a specific level. Consuming any amount of alcohol (or controlled substances, including otherwise legally possessed prescription drugs) while possessing a firearm can end up being a problem. Being drunk while you own firearms is not enough to trigger this statute, the firearm has to be in your possession. Very generally speaking that means in your hand or immediately at hand.

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, but:

(a) It is a class 3 misdemeanor if the premises have been classified by the county assessor for the county in which the land is situated as agricultural land pursuant to section 39-1-102 (1.6), C.R.S.; and

(b) It is a class 5 felony if the person trespasses on premises so classified as agricultural land with the intent to commit a felony thereon.

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

(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.

CONDITIONAL YES.

a. SB21-078: Colorado has made it law that lost or stolen firearms must be reported.

b. An individual who owns a firearm must report the loss or theft of that firearm to a law enforcement agency within 5 days after discovering that the firearm was lost or stolen. A first offense for failure to make such a report is a civil infraction punishable by a $25 fine, and a second or subsequent offense is a misdemeanor punishable by a maximum $500 fine. The 5-day reporting requirement does not apply to a licensed gun dealer.

a. Colorado has repealed state preemption laws on firearms. This means that local cities and even HOAs may designate their own restrictions on firearms.

b. “Unless otherwise expressly prohibited pursuant to state law, a local government may enact an ordinance, regulation, or other law governing or prohibiting the sale, purchase, transfer, or possession of a firearm, ammunition, or firearm component or accessory that a person may lawfully sell, purchase, transfer, or possess under state or federal law. The local ordinance, regulation, or other law may not impose a requirement on the sale, purchase, transfer, or possession of a firearm, ammunition, or firearm component or accessory that is less restrictive than state law, and any less restrictive ordinance, regulation, or other law enacted by a local government before June 19, 2021, is void and unenforceable. A local ordinance, regulation, or other law governing the sale, purchase, transfer, or possession of a firearm, ammunition, or firearm component or accessory may only impose a criminal penalty for a violation upon a person who knew or reasonably should have known that the person’s conduct was prohibited.”