Explore the comprehensive guide to Colorado's gun laws, including permit requirements, assault weapon laws, concealed carry permits, and more. Stay informed and ensure responsible gun ownership.
No state law prohibiting sale or possession of assault weapons, but with the repeal of Colorado's statewide firearm preemption law in 2021, local restrictions or prohibitions on assault weapons may exist. Denver ordinance bans assault weapons. Vail banned assault weapons in 1994.[43] Boulder city passed such an ordinance in May 2018.[44][failed verification]
After July 1, 2013, magazines holding more than 15 rounds may not be sold, transferred, or possessed unless they were lawfully owned prior to July 1, 2013. Firearms with a tubular magazine which are either chambered in .22 rimfire or operated by lever action are exempt from this regulation, as are magazines "permanently altered" to limit the capacity to 15 or fewer. Boulder city passed an ordinance in May 2018 banning magazines holding more than 10 rounds (15 for handguns).[44][45] Vail town banned magazines holding 21 or more rounds in 1994.[46]
On June 29, 2020, the Colorado Supreme Court upheld the constitutionality of the magazine restrictions.[47]
Owner license required?
No
No
Permit required for concealed carry?
N/A
Yes
Colo. Rev. Stat. § 18-12-203
Colorado is a shall issue state for concealed carry. Permits are issued by local sheriff offices to county residents.
No permit is required. Pistols may be carried with chamber and magazine loaded. Rifles and shotguns must be carried with an empty chamber if the owner is in possession of a valid hunting license and that hunting season is in progress. Rounds in the magazine are permitted during that hunting season. A loaded weapon in a vehicle and a spotlight is prima facie evidence that one was attempting to illegally take game. Wildlife officers have full law enforcement powers.
State preemption of local restrictions?
partial
partial
Colo. Rev. Stat. § 29-11.7-103
Local ordinances are not preempted by state law, and Denver bans assault weapons and open carry. However, holders of concealed carry permits are exempt from most, but not all, local restrictions.
NFA items are defined as a "dangerous weapon". Subsection 5: "It shall be an affirmative defense to the charge of possessing a dangerous weapon...that said person has a valid permit and license for possession of such weapon."
Denver's restrictions on transport/possession of firearms in vehicles do not apply to persons traveling to or from other jurisdictions; see Trinen v. City & County of Denver, 53 P.3d 754
A legal resident of a property has the right to use deadly force to defend themselves, other occupants, and property from armed or unarmed intruders.
Stand Your Ground Law?
Yes
Yes
Common Law Doctrine
“The common-law doctrine of retreat to the wall . . . is applicable in this jurisdiction only to such cases as where the defendant voluntarily enters into a fight or where the parties engage in mutual combat, or where the defendant, being the assailant, does not endeavor in good faith to decline any further struggle before firing the fatal shot, and possibly to other similar cases.” [48]
The police may temporarily confiscate firearms from people who are threatening to harm themselves or others or have been accused of the same by someone who resides at the same address of the subject, and then get a court order afterwards.
Understanding Gun Laws in Colorado
Understanding gun laws can be complex, especially as they vary from state to state. This article will provide a comprehensive overview of the gun laws in Colorado. We'll delve into the specifics of laws related to long guns, handguns, and other relevant statutes.
State Permit Requirements
One of the first things to note is that in Colorado, there is no state permit required to purchase either long guns or handguns. This is outlined in the Colo. Rev. Stat. §§ 18-12-112, 18-12-113.
Firearm Registration
Similarly, Colorado does not require firearm registration for either long guns or handguns. This is stated in the Colo. Rev. Stat. § 29-11.7-102.
Assault Weapon Law
As for assault weapons, there is no state law prohibiting the sale or possession of these weapons. However, with the repeal of Colorado's statewide firearm preemption law in 2021, local restrictions or prohibitions on assault weapons may exist. For example, Denver has an ordinance that bans assault weapons, and Vail banned assault weapons in 1994. Boulder city also passed an ordinance in May 2018 banning such weapons.
Magazine Capacity Restriction
When it comes to magazine capacity, Colorado does have restrictions. According to the Colo. Rev. Stat. §§ 18-12-302, 18-12-303, after July 1, 2013, magazines holding more than 15 rounds may not be sold, transferred, or possessed unless they were lawfully owned prior to July 1, 2013. This restriction was upheld by the Colorado Supreme Court on June 29, 2020.
Concealed Carry Permit
Colorado is a shall issue state for concealed carry. This means that permits are issued by local sheriff offices to county residents, as per Colo. Rev. Stat. § 18-12-203. However, no permit is required for open carry, except in Denver and other posted areas.
Vehicle Concealment
It's also important to note that no permit is required for carrying a concealed weapon within a vehicle. This includes both long guns and handguns. However, there are certain conditions to be met, especially during hunting seasons.
Local Restrictions
Local ordinances are not preempted by state law, which means local restrictions can apply. For instance, Denver bans assault weapons and open carry. However, holders of concealed carry permits are exempt from most, but not all, local restrictions.
NFA Weapons
NFA items are defined as a "dangerous weapon" according to CRS § 18-12-102. However, it is an affirmative defense to the charge of possessing a dangerous weapon if the person has a valid permit and license for possession of such weapon.
Castle Doctrine and Stand Your Ground Law
Colorado follows the Castle Doctrine and Stand Your Ground Law. This means a legal resident of a property has the right to use deadly force to defend themselves, other occupants, and property from armed or unarmed intruders. The Stand Your Ground Law allows a person to defend themselves without the duty to retreat when faced with a threat.
Red Flag Law
Lastly, Colorado has a Red Flag Law. Under this law, the police may temporarily confiscate firearms from people who are threatening to harm themselves or others, or have been accused of the same by someone who resides at the same address of the subject, and then get a court order afterwards.
Understanding your state's gun laws is crucial for responsible gun ownership. Always be sure to stay updated with any changes in your local and state laws.
