Colorado Gun Laws 2023 - What Residents And Tourists Need To Know

Rodemer Kane Attorneys at Law
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Many people have long viewed Colorado as a reflection of the Wild West, where rugged individualism and free-spiritedness reign. While this image certainly has some truth to it, it is important to remember that we are still subject to the rule of law. Specifically, Colorado has specific gun laws that must be adhered to by all residents and visitors. It's essential to remember that just because we may have a romanticized view of the Wild West doesn't mean that we can disregard these crucial regulations.

It is of utmost importance for individuals, whether they are residents or visitors, to familiarize themselves with the most up-to-date gun laws in Colorado. Over the past few years, the state has undergone several changes to its firearm regulations, and comprehending what is permissible and what is not is crucial to steer clear of any legal consequences. Regardless of whether you are a gun owner, an enthusiast, or just visiting the state, having knowledge of Colorado's firearm laws is crucial to guarantee that you comply with the law. By being aware of and following Colorado's gun laws, we can strike a balance between our love for our state's rich history and our commitment to maintaining a safe and lawful society. So, let's delve into the recent developments in Colorado's gun laws and make certain that we are all responsible and well-informed firearm users.

Colorado Gun Laws Prohibit Certain People From Possessing Firearms

According to Colorado gun laws in 2023, possessing or carrying a gun, even one that is legally owned, is illegal under specific circumstances. These include:

  • Being the subject of a protective order that prohibits gun possession
  • Being a fugitive from justice, being addicted to a controlled substance
  • Being adjudicated as a “mentally defective” or committed to a mental institution
  • Being illegally or unlawfully present in the United States
  • Being discharged from the Armed Forces under dishonorable conditions
  • Anyone convicted of a violent misdemeanor within the last five years

Additionally, those who have renounced their U.S. citizenship or have been convicted of certain crimes under state or federal law are also prohibited from possessing firearms.

Before purchasing a firearm, individuals must pass a universal background check administered by a licensed firearms dealer, regardless of whether the transaction takes place in private or in public, such as at a shop or a gun show. There is no mandatory waiting period when purchasing a firearm, but individuals must be at least 18 years old to buy a rifle or shotgun and at least 21 years old to buy a handgun. Colorado does not require firearm registration by state law, despite stricter gun laws following the Columbine Massacre in 1999.

2023 Colorado Gun Laws - What’s Legal To Own?

In Colorado, there are certain firearms that are legal to possess. These can include:

  • Handguns
  • Pistols
  • Revolvers
  • Other firearms with a barrel more than 12 inches in length (excluding any revolving, detachable, or magazine breech)
  • Full-length rifles (long guns)
  • Full-length shotguns.

Additionally, antique firearms manufactured no later than 1898 and firearms defined as curios or relics under U.S. law are also considered legal to possess. Individuals who are otherwise permitted to possess firearms may open carry these weapons in the state without needing a permit. However, there are some locations where the concealed or open carrying of firearms is prohibited. It is crucial for gun owners and enthusiasts to understand and follow these laws to ensure they remain on the right side of the law and promote a safe and lawful society.

What Guns Are Illegal Under Colorado Gun Laws?

In Colorado, it's important to know which firearms are illegal to possess. While handguns, pistols, revolvers, long guns, antique firearms, and curios or relics are legal to possess, certain guns and gun accessories have been classified under state and federal law as dangerous weapons and are prohibited. Examples of such guns include:

  • Armor-piercing ammunition
  • Firearm silencers
  • Machine guns
  • Short, or sawed-off shotguns and rifles
  • Defaced firearms
  • Large-capacity ammunition magazines purchased after July 1, 2013.

However, if you obtain an NFA tax stamp, you may possess certain short-barreled shotguns, short-barreled rifles, machine guns, and silencers.

It's important to note that localities may pass gun laws that are more restrictive than state law. For instance, in 2022, Boulder County passed five ordinances that:

  • Prohibit anyone under 21 from buying a gun
  • Implement a 10-day waiting period for buying guns
  • Forbid carrying guns in government buildings, parks, and within 500 feet of polling stations, healthcare facilities, places of worship, daycares, preschools, and other sensitive public areas in unincorporated Boulder
  • Criminalize the making, importing, buying, selling, or transferring of assault weapons, large-capacity gun magazines, or rapid-fire trigger activators in unincorporated Boulder,
  • Ban ghost guns.

It's also worth noting that the Colorado Supreme Court recently upheld a ban on large-capacity gun magazines.

Penalties For Violating Colorado Gun Laws In 2023

Unlawful gun possession can result in serious legal consequences, including fines, imprisonment, and a permanent criminal record. The severity of the penalties varies depending on the offense. Still, the consequences of a conviction can be life-altering, potentially affecting employment opportunities, housing, and other aspects of one's life.

Unlawful Purchase Of A Firearm Penalties

Under CRS 18-12-111, it is a criminal offense in Colorado to purchase or acquire firearms for another person who is prohibited from possessing guns, and such action is considered a class 4 felony. The punishment for this offense may include imprisonment for 2 to 6 years, a fine ranging from $2,000 to $500,000, and forfeiture of the unlawfully obtained firearms.

Prohibited Use Of A Weapon Penalties

Colorado law CRS § 18-12-106 forbids aiming, throwing, or firing certain weapons and also prohibits possession of firearms while under the influence of alcohol or controlled substances. A first-time offense is a misdemeanor punishable by up to 364 days in jail and a fine of up to $1,000. However, if the individual has a previous conviction for prohibited use of a weapon, unlawful carrying of a concealed weapon, or possession of a defaced firearm within the past five years, a violation of CRS 18-12-106 is a felony. Felony use of a prohibited weapon can result in up to 3 years in prison and a fine of up to $100,000.

Unlawful Possession Of A Firearm

In Colorado, the penalties for gun possession crimes vary depending on the offense committed.

  • Possession of a dangerous weapon is considered a Class 5 felony and is punishable by one to three years in prison and/or a fine of up to $100,000.
  • Possession of an illegal weapon or a defaced firearm is considered a Class 1 misdemeanor and can lead to a prison sentence of six to 18 months and/or a fine of up to $5,000.
  • Possession of a weapon by a previous offender (POWPO) is a Class 6 felony punishable by one year to 18 months in prison and/or a fine of up to $100,000.
  • Possession of a handgun by a juvenile is a Class 2 misdemeanor punishable by three to 12 months in jail. These penalties are severe and can have life-altering consequences.

In conclusion, understanding and following Colorado's gun laws is crucial for both residents and visitors. The state has specific regulations that must be adhered to, including prohibiting certain individuals from possessing firearms and classifying certain guns and gun accessories as dangerous weapons. Violating these laws can result in serious legal consequences, such as fines, imprisonment, and a permanent criminal record. It is recommended to hire a gun crimes lawyer to ensure compliance with the law and to protect oneself from any legal consequences. By being responsible and well-informed firearm users, we can strike a balance between our love for our state's rich history and our commitment to maintaining a safe and lawful society.

DISCLAIMER: Because of the generality of this update, the information provided herein may not be applicable in all situations and should not be acted upon without specific legal advice based on particular situations.

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