Gun laws in Colorado

Location of Colorado in the United States

Gun laws in Colorado regulate the sale, possession, and use of firearms and ammunition in the state of Colorado in the United States.[1][2]

Summary table

Subject/Law Long guns Handguns Relevant Statutes Notes
State Permit to Purchase? No No
Firearm registration? No No
Assault weapon law? No No DRMC § 38-130 Denver ordinance bans assault weapons.
Magazine Capacity Restriction? Yes Yes CRS §§ 18-12-302, 18-12-303 After July 1, 2013, magazines holding more than 15 rounds may not be sold, transferred or possessed within the state. Specific exceptions exist for family members and antique firearms. LCMs lawfully obtained prior to July 1, 2013 may be kept and used.
Owner license required? No No
Concealed Carry permits issued? No Yes CRS § 18-12-203 Colorado is a "shall issue" state for concealed carry. Permits are issued by local sheriff offices to county residents.
Open carry? Yes* Yes* CRS § 18-12;
DRMC §§ 38-117(b), 38-118 		*Legal without permit requirements except in Denver.
Concealed within a vehicle? Yes Yes CRS §§ 18-12-105(2b), 33-6-125;
DRMC §§ 38-117(f), 38-118, 14-92 		Without a round chambered (applies to rifles/shotguns, not pistols).
State Preemption of local restrictions? Yes Yes CRS § 29-11.7-103 Local ordinances are preempted by state law, but Denver bans assault weapons and open carry.
NFA weapons restricted? No No
Peaceable Journey laws? Yes Yes CRS § 18-12-105.6; DRMC §§ 38-117(f), 38-118 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
Castle Doctrine? Yes Yes 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? No No
Background checks required for private sales? Yes Yes CRS § 18-12-112 For private party transfers of firearms, the seller must request that a licensed dealer perform a background check of the buyer, and must get approval of the transfer from the Colorado Bureau of Investigation.

Concealed carry

Colorado is a "shall-issue" state for concealed carry. Permits are issued by the county sheriff,[3] and are valid for five years. Applicants must demonstrate competence with a handgun, either by passing a training class or by other means.[4] The Concealed Carry Act allows a person with a permit to carry a concealed weapon "in all areas of the state" with the exception of some federal properties, K-12 schools, and buildings with fixed security checkpoints such as courthouses, and also disallows a local government from enforcing an ordinance or resolution that conflicts with the law.[5] In March 2012, the Colorado Supreme Court struck down the University of Colorado's campus gun ban, saying it violated the Concealed Carry Act.[5][6]

Open carry

Open carry, as well as possession of a handgun either openly displayed or concealed in an automobile, is generally permitted without a license. However, local governments may prohibit open carry to a limited extent only in areas that are directly under the jurisdiction of the municipality such as municipal buildings, police stations, etc. If such an ordinance is written all locations affected must be posted per C.R.S 29-11.7-104. The exception is the city and county of Denver has done so in a broad sense banning open carry in all areas of the city and county. The Colorado Supreme Court ruled that Denver's pre-existing ban may remain in force, despite the Colorado legislature's enactment of a statewide pre-emption law designed to establish uniform firearms policies across the state. [7][8] When a rifle or shotgun is transported in a vehicle, there may not be a round in the chamber.[9]

Other laws

Effective July 1, 2013, Colorado requires background checks for all firearm sales at the buyer's expense. Magazines that are capable of accepting more than 15 rounds or are readily convertible to accept more than 15 rounds cannot be sold or transferred within state limits. However, such magazines lawfully obtained prior to July 1, 2013 may be kept without restrictions on their use. The magazine restriction law also does not specifically address residents purchasing LCMs from out-of-state sources for personal use. Colorado's large capacity magazine ban is silent on non-residents visiting Colorado while in possession of magazines that meet the state's LCM ban criteria, provided the LCMs are for personal use, and the individual had lawfully obtained the LCMs according to the laws of his or her home state.[10] Denver law bans assault weapons[11] and Saturday night specials.[12][8]

Gun control lawsuit

A lawsuit over the legality of the magazine ban and background check laws has been filed by 54 of the 64 elected county Sheriffs and 21 sporting and outdoor groups and Colorado companies. The suit alleges that the laws violate the Second and Fourteenth amendments, and state that the laws would be impossible to enforce.[13][14][15][16]

Preemption

Colorado has state preemption of local firearm laws, except for certain ordinances enacted by the City and County of Denver.[8]

Denver

Denver law bans assault weapons[11] and the open carry of firearms.[17][8] In 2003, the Colorado General Assembly passed laws preempting these and several other pre-existing Denver laws, which Denver successfully challenged in Denver District Court in 2004.[8] In 2006, the Colorado Supreme Court let stand the District Court order upholding the Denver laws.[18]

See also

References

  1. ↑ "State Gun Laws: Colorado", National Rifle Association – Institute for Legislative Action. Retrieved February 12, 2013.
  2. ↑ "Colorado State Law Summary", Law Center to Prevent Gun Violence. Retrieved February 12, 2013.
  3. ↑ "Colorado Gun Laws", Colorado State Patrol. Retrieved March 23, 2013.
  4. ↑ "Colorado Concealed Carry Permit Information", USA Carry. Retrieved March 23, 2013.
  5. 1 2 Whaley, Monte (5 March 2012). "Colorado Supreme Court affirms that CU students with permits can carry concealed guns on campus". The Denver Post.
  6. ↑ "Regents of the University of Colorado v. Students for Concealed Carry on Campus" (PDF). Colorado Supreme Court. 5 March 2012.
  7. ↑ "Colorado", OpenCarry.org. Retrieved March 23, 2013.
  8. 1 2 3 4 5 Denver v. Colorado, 03 CV 3809, Order on Cross Motions for Summary Judgment, 5 November 2004
  9. ↑ "Guns in Vehicles in Colorado", Law Center to Prevent Gun Violence. Retrieved March 23, 2013.
  10. ↑ Bartels, Lynn and Lee, Kurtis (March 21, 2013). "Three New Gun Bills on the Books in Colorado Despite Its Wild West Image", Denver Post. Retrieved March 23, 2013.
  11. 1 2 Denver Revised Municipal Code (DRMC) § 38-130
  12. ↑ DRMC § 38-122(b), 38-122(c)
  13. ↑ "Colorado sheriffs sue over new state gun restrictions". Fox News. Associated Press. May 18, 2013.
  14. ↑ 54 Sheriffs v. Hickenlooper, Complaint for Declaratory and Injunctive Relief
  15. ↑ "Majority of Colorado sheriffs file suit against new gun laws". NBC News. May 17, 2013.
  16. ↑ "Colorado sheriffs file federal lawsuit challenging gun bills". The Denver Post. May 18, 2013.
  17. ↑ DRMC §§ 38-117(b), 38-118
  18. ↑ Lindsay, Sue (6 June 2006). "Denver gun laws stand, but issue left unresolved". Rocky Mountain News hosted at Conceal Carry HQ.
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