The Second Amendment to the United States Constitution protects your right to keep and bear arms. Still, there are many federal and state laws that regulate firearms. A violation could lead to a serious criminal charge. Colorado regulates firearm possession, transfer, carry, and use through licensing, background checks, and restrictions on certain weapons. At The Martin Law Firm, we are well-versed in the state’s firearm regulations. Here, our Montrose firearms defense lawyer provides a comprehensive list of the gun laws in Colorado.
Firearm Possession (Prohibited Persons)
CRS § 18-12-108 – Possession of a Weapon by a Previous Offender
The statute makes it a felony criminal offense for certain persons to possess firearms after qualifying convictions. It applies to prior felony convictions, certain juvenile adjudications, and some misdemeanor offenses involving violence. It is a strict statute. That means that mere possession or control satisfies the statute. The prosecution need not prove intent to use the weapon to obtain a conviction for unlawful possession.
CRS § 18-12-108.5 – Possession of a Defaced Firearm
Colorado prohibits knowing possession of a firearm with an altered or removed serial number. The statute focuses on knowledge. Constructive possession can suffice when the firearm is accessible and under control. If you were caught in possession of a defaced firearm in Montrose County you could be arrested and charged with a serious felony offense.
Firearm Transfers (Background Checks, Waiting Periods, etc)
CRS § 18-12-112 – Universal Background Checks
Colorado requires background checks for nearly all firearm transfers, including private sales. The statute applies to temporary transfers with limited statutory exceptions. Failure to comply constitutes a criminal offense for both transferor and transferee in certain circumstances. Notably, there are also federal laws regarding background checks.
CRS § 18-12-112.5 – Firearms Waiting Period
Colorado’s statute imposes a mandatory waiting period between initiation of a firearm transfer and delivery of the weapon. The waiting period applies regardless of whether the purchaser passes a background check immediately. A violation could also expose a seller to criminal liability. If you or your loved one was charged with a waiting period violation, you need a top attorney right away.
Carrying Firearms (Open Carry and Concealed Carry)
CRS § 18-12-105 – Unlawfully Carrying a Concealed Weapon
Colorado criminalizes carrying a concealed firearm without a valid permit, subject to statutory exceptions. The statute applies to concealment on the person and within vehicles. Certain locations negate permit protection entirely.
CRS § 18-12-203 – Concealed Carry Permits
Another key provision of Colorado governs eligibility, issuance, and revocation of concealed handgun permits. Sheriffs must deny permits when statutory disqualifiers exist. Permit holders remain subject to location-based prohibitions. If you breached a concealed carry law, an experienced Colorado criminal defense lawyer can help.
CRS § 18-12-214 – Local Authority Over Open Carry
While Colorado generally allows open carry, this statute authorizes local governments to prohibit it within their jurisdictions. Montrose County and other municipalities may impose lawful restrictions through ordinance.
Firearm Possession (Prohibited Locations)
CRS § 18-12-105.5 – Firearms in Schools
The statute prohibits firearm possession on school grounds, buses, and school-sponsored activities. Though, there are some very narrow statutory exceptions that apply. Still, unlawful possession of a firearm in a school is a very serious crime. A violation may be a felony.
CRS § 18-12-214 – Government Buildings and Sensitive Locations
Firearms are prohibited in certain government buildings and secure areas. Permit status does not override statutory bans. Enforcement often arises during routine security screening.
Extreme Risk Protection Orders (Red Flag Laws)
CRS § 13-14.5-101 et seq. – Extreme Risk Protection Orders
Colorado authorizes courts to issue orders temporarily restricting firearm possession when a person poses a significant risk of causing personal injury. Law enforcement and qualifying family members may petition. Violations of an issued order constitute a criminal offense.
Weapon Types and Magazine Restrictions
CRS § 18-12-301 – Large-Capacity Magazine Prohibition
The statute bans possession, sale, and transfer of magazines exceeding statutory capacity limits. The law applies regardless of firearm type. Proof issues often center on acquisition date and possession continuity.
CRS § 18-12-102 – Dangerous or Illegal Weapons
Colorado restricts certain weapon types, including short shotguns and machine guns, absent lawful authorization. Violations frequently result in felony charges. A Montrose, CO criminal defense lawyer can help you defend a dangerous or illegal weapons charge.
Unlawful Use of a Firearm and Criminal Liability
CRS § 18-3-206 – Menacing
Use or display of a firearm in a threatening manner elevates menacing to a felony. The statute requires proof that the conduct placed another person in fear of imminent serious bodily injury.
CRS § 18-3-202 and § 18-3-203 – Assault with a Deadly Weapon
Firearm involvement significantly increases assault exposure. Use of a firearm qualifies as use of a deadly weapon, triggering enhanced penalties.
Firearms and Domestic Violence
CRS § 18-6-803.5 – Domestic Violence Firearm Restrictions
Colorado mandates firearm relinquishment following certain domestic violence charges or protection orders. Violations constitute separate criminal offenses and often complicate bond conditions.
How Our Gun Crime Lawyer Can Help
Colorado takes firearms violations very seriously. If you or your loved one was arrested on any type of gun charge, it is imperative that you have strong, experienced legal representation. At The Martin Law Firm, we are a boutique criminal defense firm that handles all types of gun charges in Montrose and throughout the region. Our client testimonials show it best. Our Colorado gun crimes defense lawyers are standing by, ready to take proactive steps to build your defense and protect your rights.
Get Help From Brent Martin Today
At The Martin Law Firm, our Colorado criminal defense lawyer handles the full range of firearms charges. If your loved one was arrested and charged with any type of gun offense, please do not hesitate to contact us today for a fully confidential consultation. From our office in Montrose, we handle firearm charges throughout the entire region in Colorado.