Colorado Firearms Laws

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Self-Defense In General

18-1-702. Choice of evils.

(1) Unless inconsistent with other provisions of sections 18-1-703 to 18-1-707, defining justifiable use of physical force, or with some other provision of law, conduct which would otherwise constitute an offense is justifiable and not criminal when it is necessary as an emergency measure to avoid an imminent public or private injury which is about to occur by reason of a situation occasioned or developed through no conduct of the actor, and which is of sufficient gravity that, according to ordinary standards of intelligence and morality, the desirability and urgency of avoiding the injury clearly outweigh the desirability of avoiding the injury sought to be prevented by the statute defining the offense in issue.

(2) The necessity and justifiability of conduct under subsection (1) of this section shall not rest upon considerations pertaining only to the morality and advisability of the statute, either in its general application or with respect to its application to a particular class of cases arising thereunder. When evidence relating to the defense of justification under this section is offered by the defendant, before it is submitted for the consideration of the jury, the court shall first rule as a matter of law whether the claimed facts and circumstances would, if established, constitute a justification.

Key Points:

1. General Justification for Conduct (Subsection 1):

  • If a person commits an act that would normally be considered a criminal offense, it may be justifiable and not criminal if:
    • It was necessary as an emergency measure to prevent imminent harm (either public or private).
    • The harm was not caused by the person taking the action (i.e., they were not responsible for creating the situation).
    • The urgency and seriousness of avoiding the harm outweigh the harm prevented by enforcing the law against the offense.
  • This justification must align with existing laws about the use of force (sections 18-1-703 to 18-1-707).

Example: If someone breaks into a house to rescue a child from a fire, their otherwise criminal act (trespassing) may be justified because it was necessary to prevent imminent harm.

2. Limitations on Justification (Subsection 2):

  • The defense cannot be based solely on arguments questioning the morality or wisdom of the law itself. In other words, a person cannot justify breaking the law simply because they personally disagree with it.
  • Before presenting this defense to a jury, the judge must first decide whether the claimed circumstances—if proven—would legally qualify as a valid justification.

Example: If a person argues they stole food because they believe the anti-theft laws are unfair, this argument would not be accepted. However, if they stole food to prevent imminent starvation, the court might consider the defense.

18-1-703. Use of physical force - special relationships.

(1) The use of physical force upon another person that would otherwise constitute an offense is justifiable and not criminal under any of the following circumstances:
(a) A parent, guardian, or other person entrusted with the care and supervision of a minor or an incompetent person, and a teacher or other person entrusted with the care and supervision of a minor, may use reasonable and appropriate physical force upon the minor or incompetent person when and to the extent it is reasonably necessary and appropriate to maintain discipline or promote the welfare of the minor or incompetent person.
(b) A superintendent or other authorized official of a jail, prison, or correctional institution may, in order to maintain order and discipline, use objectively reasonable and appropriate physical force when and to the extent that he or she reasonably believes it necessary to maintain order and discipline, but he or she may use deadly physical force only when he or she objectively reasonably believes the inmate poses an immediate threat to the person using deadly force or another person.
(c) A person responsible for the maintenance of order in a common carrier of passengers, or a person acting under his direction, may use reasonable and appropriate physical force when and to the extent that it is necessary to maintain order and discipline, but he may use deadly physical force only when it is reasonably necessary to prevent death or serious bodily injury.
(d) A person acting under a reasonable belief that another person is about to commit suicide or to inflict serious bodily injury upon himself may use reasonable and appropriate physical force upon that person to the extent that it is reasonably necessary to thwart the result.
(e) A duly licensed physician, advanced practice registered nurse, or a person acting under his or her direction, may use reasonable and appropriate physical force for the purpose of administering a recognized form of treatment that he or she reasonably believes to be adapted to promoting the physical or mental health of the patient if:
(I) The treatment is administered with the consent of the patient, or if the patient is a minor or an incompetent person, with the consent of his parent, guardian, or other person entrusted with his care and supervision; or
(II) The treatment is administered in an emergency when the physician or advanced practice registered nurse reasonably believes that no one competent to consent can be consulted and that a reasonable person, wishing to safeguard the welfare of the patient, would consent.

18-1-704. Use of physical force in defense of a person - definitions.

(1) Except as provided in subsections (2) and (3) of this section, a person is justified in using physical force upon another person in order to defend himself or a third person from what he reasonably believes to be the use or imminent use of unlawful physical force by that other person, and he may use a degree of force which he reasonably believes to be necessary for that purpose.

(2) Deadly physical force may be used only if a person reasonably believes a lesser degree of force is inadequate and:
(a) The actor has reasonable ground to believe, and does believe, that he or another person is in imminent danger of being killed or of receiving great bodily injury; or
(b) The other person is using or reasonably appears about to use physical force against an occupant of a dwelling or business establishment while committing or attempting to commit burglary as defined in sections 18-4-202 to 18-4-204; or
(c) The other person is committing or reasonably appears about to commit kidnapping as defined in section 18-3-301 or 18-3-302, robbery as defined in section 18-4-301 or 18-4-302, sexual assault as set forth in section 18-3-402, or in section 18-3-403 as it existed prior to July 1, 2000, or assault as defined in sections 18-3-202 and 18-3-203.

(3) Notwithstanding the provisions of subsection (1) of this section, a person is not justified in using physical force if:
(a) With intent to cause bodily injury or death to another person, he provokes the use of unlawful physical force by that other person; or
(b) He or she is the initial aggressor; except that his or her use of physical force upon another person under the circumstances is justifiable if he or she withdraws from the encounter and effectively communicates to the other person his or her intent to do so, but the latter nevertheless continues or threatens the use of unlawful physical force;
(c) The physical force involved is the product of a combat by agreement not specifically authorized by law; or
(d) The use of physical force against another is based on the discovery of, knowledge about, or potential disclosure of the victim’s actual or perceived gender, gender identity, gender expression, or sexual orientation, including but not limited to under circumstances in which the victim made an unwanted nonforcible romantic or sexual advance toward the defendant. Nothing in this subsection (3)(d) precludes the admission of evidence, which is otherwise admissible, of a victim’s or witness’s conduct, behavior, or statements.

(4) In a case in which the defendant is not entitled to a jury instruction regarding self-defense as an affirmative defense, the court shall allow the defendant to present evidence, when relevant, that he or she was acting in self-defense. If the defendant presents evidence of self-defense, the court shall instruct the jury with a self-defense law instruction. The court shall instruct the jury that it may consider the evidence of self-defense in determining whether the defendant acted recklessly, with extreme indifference, or in a criminally negligent manner. However, the self-defense law instruction shall not be an affirmative defense instruction and the prosecuting attorney shall not have the burden of disproving self-defense. This section shall not apply to strict liability crimes.

(5) As used in this section, unless the context otherwise requires:
(a) “Gender identity” and “gender expression” have the same meaning as in section 18-1-901 (3)(h.5).
(b) “Intimate relationship” has the same meaning as in section 18-6-800.3.
(c) “Sexual orientation” has the same meaning as in section 18-9-121 (5)(b).

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

(1) The general assembly hereby recognizes that the citizens of Colorado have a right to expect absolute safety within their own homes.

(2) Notwithstanding the provisions of section 18-1-704, any occupant of a dwelling is justified in using any degree of physical force, including deadly physical force, against another person when that other person has made an unlawful entry into the dwelling, and when the occupant has a reasonable belief that such other person has committed a crime in the dwelling in addition to the uninvited entry, or is committing or intends to commit a crime against a person or property in addition to the uninvited entry, and when the occupant reasonably believes that such other person might use any physical force, no matter how slight, against any occupant.

(3) 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 criminal prosecution for the use of such force.

(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.

(5) As used in this section, unless the context otherwise requires, “dwelling” does not include any place of habitation in a detention facility, as defined in section 18-8-211 (4).

18-1-710. Affirmative defense.

The issues of justification or exemption from criminal liability under sections 18-1-701 to 18-1-709 are affirmative defenses.

18-3-206. Menacing.

A person commits the crime of menacing if, by any threat or physical action, he or she knowingly places or attempts to place another person in fear of imminent serious bodily injury. Menacing is a class 1 misdemeanor, but it is a class 5 felony if committed by the use of a firearm, knife, or bludgeon or a simulated firearm, knife, or bludgeon.

Firearms and Weapons in General

18-12-101. Peace officer affirmative defense - definitions.

(1) As used in this article 12, unless the context otherwise requires:
(a) ”Adult“ means any person eighteen years of age or older.
(a.3) ”Ballistic knife“ means any knife that has a blade which is forcefully projected from the handle by means of a spring-loaded device or explosive charge.
(a.5) ”Blackjack“ includes any billy, sand club, sandbag, or other hand-operated striking weapon consisting, at the striking end, of an encased piece of lead or other heavy substance and, at the handle end, a strap or springy shaft which increases the force of impact.
(b) ”Bomb“ means any explosive or incendiary device or molotov cocktail as defined in section 9-7-103, C.R.S., or any chemical device which causes or can cause an explosion, which is not specifically designed for lawful and legitimate use in the hands of its possessor.
(b.4) ”Federally licensed firearm dealer“ means a licensed dealer as defined in 18 U.S.C. sec. 921 (a)(11).
(b.5) ”Bureau“ means the Colorado bureau of investigation created in section 24-33.5-401, C.R.S.
(b.6) ”Federal firearms licensee“ means a federally licensed firearm dealer, federally licensed firearm importer, and federally licensed firearm manufacturer.
(b.7) ”Firearm“ means any weapon, including a starter gun, that can, is designed to, or may readily be converted to expel a projectile by the action of an explosive; the frame or receiver of a firearm; or a firearm silencer. ”Firearm“ does not include an antique firearm, as defined in 18 U.S.C. sec. 921 (a)(16). In the case of a licensed collector, ”firearm“ means only curios and relics. ”Firearm“ includes a weapons parts kit that is designed to or may readily be completed, assembled, restored, or otherwise converted to expel a projectile by the action of an explosive. ”Firearm“ does not include a weapon, including a weapons parts kit, in which the frame or receiver of the firearm, as defined in subsection (1)(c.5) of this section, or the weapon, is destroyed.
(b.8) ”Federally licensed firearm importer“ means a licensed importer as defined in 18 U.S.C. sec. 921 (a)(9).
(b.9) ”Federally licensed firearm manufacturer“ means a licensed manufacturer as defined in 18 U.S.C. sec. 921 (a)(10).
(c) ”Firearm silencer“ means any instrument, attachment, weapon, or appliance for causing the firing of any gun, revolver, pistol, or other firearm to be silent or intended to lessen or muffle the noise of the firing of any such weapon.
(c.3) ”Fire control component“ means a component necessary for the firearm to initiate, complete, or continue the firing sequence, including any of the following: Hammer, bolt, bolt carrier, breechblock, cylinder, trigger mechanism, firing pin, striker, or slide rails.
(c.5) ”Frame or receiver of a firearm“ means a part of a firearm that, when the complete firearm is assembled, is visible from the exterior and provides housing or a structure designed to hold or integrate one or more fire control components, even if pins or other attachments are required to connect the fire control components. Any part of a firearm imprinted with a serial number is presumed to be a frame or receiver of a firearm, unless the federal bureau of alcohol, tobacco, firearms, and explosives makes an official determination otherwise or there is other reliable evidence to the contrary.
(d) ”Gas gun“ means a device designed for projecting gas-filled projectiles which release their contents after having been projected from the device and includes projectiles designed for use in such a device.
(e) Repealed.
(e.5) ”Handgun“ means a pistol, revolver, or other firearm of any description, loaded or unloaded, from which any shot, bullet, or other missile can be discharged, the length of the barrel of which, not including any revolving, detachable, or magazine breech, does not exceed twelve inches.
(e.7) ”Juvenile“ means any person under the age of eighteen years.
(f) ”Knife“ means any dagger, dirk, knife, or stiletto with a blade over three and one-half inches in length, or any other dangerous instrument capable of inflicting cutting, stabbing, or tearing wounds, but does not include a hunting or fishing knife carried for sports use. The issue that a knife is a hunting or fishing knife must be raised as an affirmative defense.
(f.5) ”Locking device“ means a device that prohibits the operation or discharge of a firearm and that can only be disabled with the use of a key, combination, or biometric data.
(g) ”Machine gun“ means any firearm, whatever its size and usual designation, that shoots automatically more than one shot, without manual reloading, by a single function of the trigger.
(g.2) ”Machine gun conversion device“ means any part designed or intended, or combination of parts designed or intended, for use in converting a firearm into a machine gun.
(g.5) ”Personalized firearm“ means a firearm that has, as part of its original manufacture, incorporated design technology that allows the firearm to be fired only by the authorized user and prevents any of the safety characteristics of the firearm from being readily deactivated by anyone other than the authorized user. The technology limiting the firearm’s operational use may include, but is not limited to, fingerprint verification, magnetic encoding, radio frequency tagging, and other automatic user identification systems utilizing biometric, mechanical, or electronic systems.
(h) ”Short rifle“ means a rifle having a barrel less than sixteen inches long or an overall length of less than twenty-six inches.
(i) ”Short shotgun“ means a shotgun having a barrel or barrels less than eighteen inches long or an overall length of less than twenty-six inches.
(i.5) ”Stun gun“ means a device capable of temporarily immobilizing a person by the infliction of an electrical charge.
(j) Repealed.
(k) ”Three-dimensional printer“ or ”3-D printer“ means a computer-aided manufacturing device capable of producing a three-dimensional object from a three-dimensional digital model through an additive manufacturing process that involves the layering of two-dimensional cross sections formed of a resin or similar material that are fused together to form a three-dimensional object.
(l) ”Unfinished frame or receiver“ means any forging, casting, printing, extrusion, machined body, or similar article that has reached a stage in manufacture when it may readily be completed, assembled, or converted to be used as the frame or receiver of a functional firearm; or that is marketed or sold to the public to become or be used as the frame or receiver of a functional firearm once completed, assembled, or converted.

(2) It shall be an affirmative defense to any provision of this article that the act was committed by a peace officer in the lawful discharge of his duties.

18-12-102. Possessing a dangerous or illegal weapon - affirmative defense - definition.

(1) As used in this section, the term ”dangerous weapon“ means a firearm silencer, machine gun, machine gun conversion device, short shotgun, or short rifle.

(2) As used in this section, the term ”illegal weapon“ means a blackjack, gas gun, ballistic knife, or metallic knuckles.

(3) A person who knowingly possesses a dangerous weapon commits a class 5 felony.

(4) A person who knowingly possesses an illegal weapon commits a class 1 misdemeanor.

(5) It shall be an affirmative defense to the charge of possessing a dangerous weapon, or to the charge of possessing an illegal weapon, that the person so accused was a peace officer or member of the armed forces of the United States or Colorado National Guard acting in the lawful discharge of his duties, or that said person has a valid permit and license for possession of such weapon.

18-12-103. Possession of a defaced firearm.

A person commits a class 1 misdemeanor if he knowingly and unlawfully possesses a firearm, the manufacturer’s serial number of which, or other distinguishing number or identification mark, has been removed, defaced, altered, or destroyed, except by normal wear and tear.

18-12-103.5. Defaced firearms - contraband - destruction.

(1) After a judgment of conviction under section 18-12-103 or 18-12-104 has become final, any defaced firearm upon which the judgment was based shall be deemed to be contraband, the possession of which is contrary to the public peace, health, and safety.

(2) Defaced firearms that are deemed to be contraband shall be placed in the possession of the bureau or of a local law enforcement agency designated by the bureau and shall be destroyed or rendered permanently inoperable.

18-12-104. Defacing a firearm.

A person commits a class 1 misdemeanor if such person knowingly removes, defaces, covers, alters, or destroys the manufacturer’s serial number or any other distinguishing number or identification mark of a firearm.

18-12-105. Unlawfully carrying a concealed weapon - unlawful possession of weapons.

(1) A person commits a class 1 misdemeanor if the 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
(c) Without legal authority, carries, brings, or has in the person’s possession any explosive, incendiary, or other dangerous device on the property of or within any building in which the chambers, galleries, or offices of the general assembly, or either house thereof, are located, or in which a legislative hearing or meeting is being or is to be conducted, or in which the official office of any member, officer, or employee of the general assembly is located.
(d) (Deleted by amendment, L. 93, p. 964, § 1, effective July 1, 1993.)

(2) It is not an offense pursuant to this section 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; or
(b.5) Carrying a concealed firearm at a specific location in violation of section 1-13-724, 18-12-105.3, or 18-12-105.5; or
(c) A person who, at the time of carrying a concealed weapon, held a valid written permit to carry a concealed weapon issued pursuant to section 18-12-105.1, as it existed prior to its repeal, or, if the weapon involved was a handgun, held a valid permit to carry a concealed handgun or a temporary emergency permit issued pursuant to part 2 of this article; except that it shall be an offense under this section if the person was carrying a concealed handgun in violation of the provisions of section 18-12-214; or
(d) A peace officer, as described in section 16-2.5-101, C.R.S., when carrying a weapon in conformance with the policy of the employing agency as provided in section 16-2.5-101 (2), C.R.S.; or
(e) (Deleted by amendment, L. 2003, p. 1624, § 46, effective August 6, 2003.)
(f) A United States probation officer or a United States pretrial services officer while on duty and serving in the state of Colorado under the authority of rules and regulations promulgated by the judicial conference of the United States.

18-12-105.1. Permits for concealed weapons - liability. (Repealed)
18-12-105.3. Unlawful carrying of a firearm in government buildings - penalty - definitions - repeal.

(1) A person shall not knowingly carry a firearm, whether loaded or not loaded, in any of the following locations, including their adjacent parking areas:
(a) On the property of or within any building in which:
(I) The chambers, galleries, or offices of the general assembly, or either house thereof, are located;
(II) A legislative hearing or meeting of the general assembly is being conducted; or
(III) The official office of any member, officer, or employee of the general assembly is located;
(b) Unless permitted by a local government, as described in subsection (4)(b) of this section, on the property or within any building in which:
(I) The chambers or galleries of a local government’s governing body are located;
(II) A meeting of a local government’s governing body is being conducted; or
(III) The official office of any elected member of a local government’s governing body or of the chief executive officer of a local government is located; or
(c) A courthouse or any other building or portion of a building used for court proceedings.

(2) This section does not apply to:
(a) A peace officer carrying a firearm pursuant to the authority granted in section 16-2.5-101 (2);
(b) A member of the United States armed forces or Colorado National Guard when engaged in the lawful discharge of the member’s official duties;
(c) Security personnel employed or retained by an entity that controls or operates a place described in this section and security personnel described in section 24-33.5-216.7 (5) while engaged in the security personnel’s official duties;
(d) Law enforcement personnel, defense counsel personnel, and court personnel carrying or possessing a firearm in the performance of their official duties as part of the lawful and common practices of a legal proceeding; and
(e) A person who holds a valid permit to carry a concealed handgun or a temporary emergency permit issued pursuant to part 2 of this article 12 who is carrying a concealed handgun in the adjacent parking area of a location listed in subsection (1) of this section.

(2.3)
(a) On and before January 4, 2025, subsection (1)(a) of this section does not apply to a member of the general assembly.
(b) This subsection (2.3) is repealed, effective January 5, 2025.

(3) A person commits unlawful carrying of a firearm in a government building if the person violates subsection (1) of this section. Unlawful carrying of a firearm in a government building is a class 1 misdemeanor.

(4)
(a) This section does not prohibit a local government from enacting an ordinance, regulation, or other law pursuant to section 18-12-214 or 29-11.7-104 that prohibits a person from carrying a firearm in a specified place.
(b) A local government may enact an ordinance, regulation, or other law that permits a person to carry a firearm at place described in subsection (1)(b) of this section.

(5) Nothing in this section prohibits a person from securely storing a firearm in a vehicle, as required by state law, that is at a location described in this section.

(6) As used in this section, unless the context otherwise requires:
(a) “Governing body” has the same meaning set forth in section 29-1-102.
(b) “Local government” means any city, county, city and county, special district, or other political subdivision of this state, or any department, agency, or instrumentality thereof.

18-12-105.5. Unlawfully carrying a weapon - unlawful possession of weapons - school, college, or university grounds - definition.

(1)
(a) A person shall not knowingly and unlawfully and without legal authority carry, bring, or have in the person’s possession a deadly weapon as defined in section 18-1-901 (3)(e) that is not a firearm in or on the real estate and all improvements erected thereon of any public or private elementary, middle, junior high, high, or vocational school or any public or private college, university, or seminary; except for the purpose of presenting an authorized public demonstration or exhibition pursuant to instruction in conjunction with an organized school or class, for the purpose of carrying out the necessary duties and functions of an employee of an educational institution that require the use of a deadly weapon that is not a firearm, or for the purpose of participation in an authorized extracurricular activity or on an athletic team.
(a.5) A person shall not knowingly carry a firearm, either openly or concealed, in or on the real estate and all improvements erected thereon of any licensed child care center; public or private elementary, middle, junior high, high, or vocational school; or any public or private college, university, or seminary; except for the purpose of presenting an authorized public demonstration or exhibition pursuant to instruction in conjunction with an organized school or class, for the purpose of carrying out the necessary duties and functions of an employee of an educational institution that require the use of a firearm, or for the purpose of participation in an authorized extracurricular activity or on an athletic team.
(b)
(I) A person who violates subsection (1)(a) of this section commits a class 6 felony if the weapon involved is a deadly weapon other than a firearm, as defined in section 18-1-901.
(II) A person who violates subsection (1)(a.5) of this section commits a class 1 misdemeanor.

(2) (Deleted by amendment, L. 2000, p. 709, § 45, effective July 1, 2000.)

(3) It is not an offense under this section if:
(a) The weapon is unloaded and remains inside a motor vehicle while upon the real estate of any public or private college, university, or seminary; or
(b) The person is in that person’s own dwelling or place of business or on property owned or under that person’s control at the time of the act of carrying; or
(c) The person is in a private automobile or other private means of conveyance and is carrying a weapon for lawful protection of that person’s or another’s person or property while traveling; or
(d) Repealed.
(d.5) The weapon involved was a handgun, the person held a valid permit to carry a concealed handgun or a temporary emergency permit issued pursuant to part 2 of this article 12, and the person is carrying the concealed handgun:
(I) On the real property, or into any improvements erected thereon, of a public elementary, middle, junior high, or high school in accordance with the authority granted pursuant to section 18-12-214 (3); or
(II) In a parking area of a licensed child care center or a public or private college, university, or seminary; or
(e) The person is a school resource officer, as defined in section 22-32-109.1 (1)(g.5), C.R.S., or a peace officer, as described in section 16-2.5-101, C.R.S., when carrying a weapon in conformance with the policy of the employing agency as provided in section 16-2.5-101 (2), C.R.S.; or
(f) and (g) (Deleted by amendment, L. 2003, p. 1626, § 51, effective August 6, 2003.)
(h) The person has possession of the weapon for use in an educational program approved by a school, which program includes, but is not limited to, any course designed for the repair or maintenance of weapons; or
(i) The weapon involved is a firearm; the person carrying the firearm is employed or retained as security personnel by a licensed child care center or a public or private college, university, or seminary; and the person is carrying the firearm while engaged in the person’s official duties as security personnel; or
(j) A licensed child care center is on the same real estate as another building or improvement that is not a school and that is open to the public and the person is carrying a firearm on an area of real estate or any improvement thereon that is not designated as a licensed child care center.

(4) As used in this section, unless the context otherwise requires, “licensed child care center” means a child care center, as defined in section 26.5-5-303 (3), that is licensed by the department of early childhood or is exempt from licensing pursuant to section 26.5-5-304 (1)(b), and that operates with stated educational purposes. “Licensed child care center” does not include a family child care home, as defined in section 26.5-5-303 (7).

18-12-105.6. 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, except as described in section 18-12-114.5, 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.

18-12-106. Prohibited use of weapons - definitions.

(1) A person commits a class 1 misdemeanor if:
(a) He knowingly and unlawfully aims a firearm at another person; or
(b) Recklessly or with criminal negligence he discharges a firearm or shoots a bow and arrow; or
(c) He knowingly sets a loaded gun, trap, or device designed to cause an explosion upon being tripped or approached, and leaves it unattended by a competent person immediately present; or
(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 18-18-102 (5). Possession of a permit issued under section 18-12-105.1, as it existed prior to its repeal, or possession of a permit or a temporary emergency permit issued pursuant to part 2 of this article is no defense to a violation of this subsection (1).

(2)
(a) A person commits a class 2 misdemeanor if the person knowingly aims, swings, or throws a throwing star or nunchaku as defined in this subsection (2)(b) at another person, or the person knowingly possesses a throwing star or nunchaku in a public place except for the purpose of presenting an authorized public demonstration or exhibition or pursuant to instruction in conjunction with an organized school or class. When transporting throwing stars or nunchaku for a public demonstration or exhibition or for a school or class, they shall be transported in a closed, nonaccessible container.
(b) For purposes of this subsection (2), ”nunchaku“ means an instrument consisting of two sticks, clubs, bars, or rods to be used as handles, connected by a rope, cord, wire, or chain, which is in the design of a weapon used in connection with the practice of a system of self-defense, and ”throwing star“ means a disk having sharp radiating points or any disk-shaped bladed object which is hand-held and thrown and which is in the design of a weapon used in connection with the practice of a system of self-defense.

18-12-106.5. Use of stun guns.

A person commits a class 5 felony if he knowingly and unlawfully uses a stun gun in the commission of a criminal offense.

18-12-107. Penalty for second offense.

Any person who has within five years previously been convicted of a violation under section 18-12-103, 18-12-105, or 18-12-106 shall, upon conviction for a second or subsequent offense under the same section, be guilty of a class 5 felony.

18-12-107.5. Illegal discharge of a firearm - penalty.

(1) Any person who knowingly or recklessly discharges a firearm into any dwelling or any other building or occupied structure, or into any motor vehicle occupied by any person, commits the offense of illegal discharge of a firearm.

(2) It shall not be an offense under this section if the person who discharges a firearm in violation of subsection (1) of this section is a peace officer as described in section 16-2.5-101, C.R.S., acting within the scope of such officer’s authority and in the performance of such officer’s duties.

(3) Illegal discharge of a firearm is a class 5 felony.

18-12-108. Possession of weapons by previous offenders.

(1) A person commits the crime of possession of a weapon by a previous offender if the person knowingly possesses, uses, or carries upon his or her person a firearm as defined in section 18-1-901 (3)(h) or any other weapon that is subject to the provisions of this article 12 subsequent to the person’s conviction for a felony crime as defined in section 24-4.1-302 (1) or listed in subsection (7) of this section, or subsequent to the person’s conviction for attempt or conspiracy to commit a crime as defined in section 24-4.1-302 (1) that is a felony, pursuant to Colorado or any other state’s law or pursuant to federal law.

(2) A person commits a class 5 felony if the person violates subsection (1) or (3) of this section. A person who violates subsection (1) or (3) of this section and used or threatened the use of the firearm in the commission of another crime is not eligible for probation or any other alternative sentence and shall be sentenced to the department of corrections.

(3)
(a) A person commits the crime of possession of a weapon by a previous offender if the person knowingly possesses, uses, or carries upon his or her person a firearm as defined in section 18-1-901 (3)(h) or any other weapon that is subject to the provisions of this article 12 subsequent to the person’s adjudication for an act which, if committed by an adult, would constitute a felony crime as defined in section 24-4.1-302 (1) or listed in subsection (7) of this section, or subsequent to the person’s adjudication for attempt or conspiracy to commit a crime as defined in section 24-4.1-302 (1) that is a felony, pursuant to Colorado or any other state’s law or pursuant to federal law in the previous ten years from the completion of the person’s sentence for the adjudication of a felony crime as defined in section 24-4.1-302 (1).
(b) If a person completes a sentence for the adjudication of a felony crime as defined in section 24-4.1-302 (1) or listed in subsection (7) of this section, or subsequent to the person’s adjudication for attempt or conspiracy to commit a crime as defined in section 24-4.1-302 (1) or listed in subsection (7) of this section that is a felony pursuant to Colorado or any other state’s law or under federal law, and the person has good cause for possessing, using, or carrying a firearm as defined in section 18-1-901 (3)(h) or any other weapon that is subject to this article 12, the person may petition the court for an order determining that subsection (3)(a) of this section does not apply to the person if the person otherwise legally possesses, uses, or carries upon his or her person a firearm as defined in section 18-1-901 (3)(h) or any other weapon that is subject to this article 12. A court shall enter an order determining that subsection (3)(a) of this section does not apply to the person if the court finds, upon request of the person and by a preponderance of the evidence, there is good cause for the person to possess, use, or carry a firearm as defined in section 18-1-901 (3)(h) or any other weapon that is subject to this article 12.

(4) and (5) (Deleted by amendment, L. 2021.)

(6)
(a) Upon the discharge of any inmate from the custody of the department of corrections, the department shall provide a written advisement to such inmate of the prohibited acts and penalties specified in this section. The written advisement, at a minimum, shall include the written statement specified in subsection (6)(c) of this section.
(b) Any written stipulation for deferred judgment and sentence entered into by a defendant pursuant to section 18-1.3-102 shall contain a written advisement of the prohibited acts and penalties specified in this section. The written advisement, at a minimum, shall include the written statement specified in subsection (6)(c) of this section.
(c) The written statement shall provide that:
(I)
(A) A person commits the crime of possession of a weapon by a previous offender in violation of this section if the person knowingly possesses, uses, or carries upon his or her person a firearm as described in section 18-1-901 (3)(h), or any other weapon that is subject to the provisions of this title subsequent to the person’s conviction for a felony, or subsequent to the person’s conviction for attempt or conspiracy to commit a felony, or subsequent to the person’s conviction for a misdemeanor crime of domestic violence as defined in 18 U.S.C. sec. 921 (a)(33)(A), or subsequent to the person’s conviction for attempt or conspiracy to commit such misdemeanor crime of domestic violence; and
(B) As used in this subsection (6)(c), ”felony“ means any felony under Colorado law, federal law, or the laws of any other state; and
(II) A violation of this section may result in a sentence of imprisonment or fine, or both.
(d) The act of providing the written advisement described in this subsection (6) or the failure to provide such advisement may not be used as a defense to any crime charged and may not provide any basis for collateral attack on, or for appellate relief concerning, any conviction.

(7) In addition to a conviction for felony crime as defined in section 24-4.1-302 (1), a felony conviction or adjudication for one of the following felonies prohibits a person from possessing, using, or carrying upon the person a firearm as defined in section 18-1-901 (3)(h) or any other weapon that is subject to this article 12 pursuant to subsection (1) or (3) of this section:
(a) An offense subject to sentencing pursuant to section 18-1.3-1004;
(b) First degree murder of a peace officer, firefighter, or emergency medical service provider in violation of section 18-3-107;
(c) Criminal extortion in violation of section 18-3-207;
(d) False imprisonment in violation of section 18-3-303;
(e) Enticement of a child in violation of section 18-3-305;
(f) Internet luring of a child in violation of section 18-3-306;
(g) Internet sexual exploitation of a child in violation of section 18-3-405.4;
(h) Unlawful sexual conduct by a peace officer in violation of section 18-3-405.7;
(i) Unlawful termination of a pregnancy in the first degree in violation of section 18-3.5-103;
(j) Unlawful termination of a pregnancy in the second degree in violation of section 18-3.5-104;
(k) First degree arson in violation of section 18-4-102;
(l) Second degree arson in violation of section 18-4-103;
(m) Third degree arson in violation of section 18-4-104;
(n) Fourth degree arson in violation of section 18-4-105;
(o) Habitual child abuse in violation of section 18-6-401.2;
(p) Contributing to the delinquency of a minor in violation of section 18-6-701;
(q) Pandering in violation of section 18-7-203;
(r) Pimping in violation of section 18-7-206;
(s) Pandering of a child in violation of section 18-7-403;
(t) Procurement of a child in violation of section 18-7-403.5;
(u) Keeping a place of child prostitution in violation of section 18-7-404;
(v) Impersonating a peace officer in violation of section 18-8-112;
(w) Disarming a peace officer in violation of section 18-8-116;
(x) Aiding escape from an institution for the care and treatment of persons with behavioral or mental health disorders in violation of section 18-8-201.1;
(y) Assault during escape in violation of section 18-8-206;
(z) Holding hostages in violation of section 18-8-207;
(aa) Escape in violation of section 18-8-208;
(bb) Attempt to escape in violation of section 18-8-208.1;
(cc) Participation in a riot in detention facilities in violation of section 18-8-211;
(dd) Intimidating a juror in violation of section 18-8-608;
(ee) Inciting a riot in violation of section 18-9-102;
(ff) Arming a rioter in violation of section 18-9-103;
(gg) Engaging in a riot in violation of section 18-9-104;
(hh) Vehicular eluding in violation of section 18-9-116.5;
(ii) Firearms, explosives, or incendiary devices in facilities of public transportation in violation of section 18-9-118;
(jj) Failure or refusal to leave premises or property upon request of a peace officer in violation of section 18-9-119;
(kk) Terrorist training activities in violation of section 18-9-120;
(ll) Aggravated cruelty to animals in violation of section 18-9-202;
(mm) Treason in violation of section 18-11-101;
(nn) Insurrection in violation of section 18-11-102;
(oo) Advocating the overthrow of the government in violation of section 18-11-201;
(pp) Inciting destruction of life or property in violation of section 18-11-202;
(qq) Membership in anarchist and seditious associations in violation of section 18-11-203;
(rr) Possessing a dangerous or illegal weapon in violation of section 18-12-102;
(ss) Unlawfully carrying a weapon in violation of section 18-12-105.5;
(tt) Use of a stun gun in violation of section 18-12-106.5;
(uu) Illegal discharge of a firearm in violation of section 18-12-107.5;
(vv) Possession of a weapon by a previous offender in violation of section 18-12-108 if committed on or after March 1, 2022;
(ww) Possession of a handgun by a juvenile in violation of section 18-12-108.5;
(xx) Unlawfully providing or permitting a juvenile to possess a handgun in violation of section 18-12-108.7;
(yy) Possession, use, or removal of explosives or incendiary devices in violation of section 18-12-109;
(zz) Unlawful purchase of a firearm in violation of section 18-12-111;
(aaa) Possessing a large-capacity magazine during the commission of a crime of violence in violation of section 18-12-302 (1)(c);
(bbb) Dueling in violation of section 18-13-104 if committed on or before October 1, 2023;
(ccc) Intentionally setting a wildfire in violation of section 18-13-109.5;
(ddd) Unlawful administration of ketamine in violation of section 18-13-123;
(eee) Repealed.
(fff) Organized crime in violation of section 18-17-104;
(ggg) A special offender in violation of section 18-18-407 (1)(d)(II);
(hhh) A criminal attempt, complicity, or conspiracy to commit any of the offenses listed in this subsection (7); and
(iii) Unlawful conduct involving an unserialized firearm, frame, or receiver, as described in section 18-12-111.5.

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) A person under the age of eighteen years who is taken into custody by a law enforcement officer for an offense pursuant to this section must be taken into temporary custody in the manner described in section 19-2.5-305.

(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.

(4) Repealed.

18-12-108.7. Unlawfully providing or permitting a juvenile to possess a handgun - penalty - unlawfully providing a firearm other than a handgun to a juvenile - penalty.

(1)
(a) Any person who intentionally, knowingly, or recklessly provides a handgun with or without remuneration to any person under the age of eighteen years in violation of section 18-12-108.5 or any person who knows of such juvenile’s conduct which violates section 18-12-108.5 and fails to make reasonable efforts to prevent such violation commits the crime of unlawfully providing a handgun to a juvenile or permitting a juvenile to possess a handgun.
(b) Unlawfully providing a handgun to a juvenile or permitting a juvenile to possess a handgun in violation of this subsection (1) is a class 4 felony.

(2)
(a) Any person who intentionally, knowingly, or recklessly provides a handgun to a juvenile or permits a juvenile to possess a handgun, even though such person is aware of a substantial risk that such juvenile will use a handgun to commit a felony offense, or who, being aware of such substantial risk, fails to make reasonable efforts to prevent the commission of the offense, commits the crime of unlawfully providing or permitting a juvenile to possess a handgun. A person shall be deemed to have violated this paragraph (a) if such person provides a handgun to or permits the possession of a handgun by any juvenile who has been convicted of a crime of violence, as defined in section 18-1.3-406, or any juvenile who has been adjudicated a juvenile delinquent for an offense which would constitute a crime of violence, as defined in section 18-1.3-406, if such juvenile were an adult.
(b) Unlawfully providing a handgun to a juvenile or permitting a juvenile to possess a handgun in violation of this subsection (2) is a class 4 felony.

(3) With regard to firearms other than handguns, no person shall sell, rent, or transfer ownership or allow unsupervised possession of a firearm with or without remuneration to any juvenile without the consent of the juvenile’s parent or legal guardian. Unlawfully providing a firearm other than a handgun to a juvenile in violation of this subsection (3) is a class 1 misdemeanor.

(4) It shall not be an offense under this section if a person believes that a juvenile will physically harm the person if the person attempts to disarm the juvenile or prevent the juvenile from committing a violation of section 18-12-108.5.

18-12-109. Possession, use, or removal of explosives or incendiary devices - possession of components thereof - chemical, biological, and nuclear weapons - persons exempt - hoaxes.

(1) As used in this section:
(a)
(I) ”Explosive or incendiary device“ means:
(A) Dynamite and all other forms of high explosives, including, but not limited to, water gel, slurry, military C-4 (plastic explosives), blasting agents to include nitro-carbon-nitrate, and ammonium nitrate and fuel oil mixtures, cast primers and boosters, R.D.X., P.E.T.N., electric and nonelectric blasting caps, exploding cords commonly called detonating cord or det-cord or primacord, picric acid explosives, T.N.T. and T.N.T. mixtures, and nitroglycerin and nitroglycerin mixtures;
(B) Any explosive bomb, grenade, missile, or similar device; and
(C) Any incendiary bomb or grenade, fire bomb, or similar device, including any device, except kerosene lamps, which consists of or includes a breakable container including a flammable liquid or compound and a wick composed of any material which, when ignited, is capable of igniting such flammable liquid or compound and can be carried or thrown by one individual acting alone.
(II) ”Explosive or incendiary device“ shall not include rifle, pistol, or shotgun ammunition, or the components for handloading rifle, pistol, or shotgun ammunition.
(b)
(I) ”Explosive or incendiary parts“ means any substances or materials or combinations thereof which have been prepared or altered for use in the creation of an explosive or incendiary device. Such substances or materials may include, but shall not be limited to, any:
(A) Timing device, clock, or watch which has been altered in such a manner as to be used as the arming device in an explosive;
(B) Pipe, end caps, or metal tubing which has been prepared for a pipe bomb;
(C) Mechanical timers, mechanical triggers, chemical time delays, electronic time delays, or commercially made or improvised items which, when used singly or in combination, may be used in the construction of a timing delay mechanism, booby trap, or activating mechanism for any explosive or incendiary device.
(II) ”Explosive or incendiary parts“ shall not include rifle, pistol, or shotgun ammunition, or the components for handloading rifle, pistol, or shotgun ammunition, or any signaling device customarily used in operation of railroad equipment.

(2)
(a) Any person who knowingly possesses or controls an explosive or incendiary device commits a class 5 felony.
(b) Any person who knowingly manufacturers, gives, mails, sends, or causes to be sent an explosive or incendiary device commits a class 4 felony.
(2.5)
(a) Any person who knowingly possesses or controls a chemical, biological, or radiological weapon commits a class 4 felony.
(b) Any person who knowingly manufacturers, gives, mails, sends, or causes to be sent a chemical, biological, or nuclear weapon commits a class 3 felony.

(3) Subsection (2) of this section shall not apply to the following persons:
(a) A peace officer while acting in his official capacity transporting or otherwise handling explosives or incendiary devices;
(b) A member of the armed forces of the United States or Colorado National Guard while acting in his official capacity;
(c) An authorized employee of the office of active and inactive mines in the division of reclamation, mining, and safety while acting within the scope of his or her employment;
(d) A person possessing a valid permit issued under the provisions of article 7 of title 9, C.R.S., or an employee of such permittee acting within the scope of his employment;
(e) A person who is exempt from the necessity of possessing a permit under the provisions of section 9-7-106 (5), C.R.S., or an employee of such exempt person acting within the scope of his employment;
(f) A person or entity authorized to use chemical, biological, or radiological materials in their lawful business operations while using the chemical, biological, or radiological materials in the course of legitimate business activities. Authorized users shall include clinical, environmental, veterinary, agricultural, public health, or radiological laboratories and entities otherwise licensed to possess radiological materials.

(4) Any person who knowingly uses or causes to be used or gives, mails, sends, or causes to be sent an explosive or incendiary device or a chemical, biological, or radiological weapon or materials in the commission of or in an attempt to commit a felony commits a class 2 felony.

(5) Any person who removes or causes to be removed or carries away any explosive or incendiary device from the premises where the explosive or incendiary device is kept by the lawful user, vendor, transporter, or manufacturer thereof, without the consent or direction of the lawful possessor, commits a class 4 felony.

 

(5.5) Any person who removes or causes to be removed or carries away any chemical, biological, or radiological weapon from the premises where the chemical, biological, or radiological weapon is kept by the lawful user, vendor, transporter, or manufacturer thereof, without the consent or direction of the lawful possessor, commits a class 3 felony.

(6) Any person who possesses any explosive or incendiary parts commits a class 5 felony.

(6.5) Any person who possesses any chemical weapon, biological weapon, or nuclear weapon parts commits a class 4 felony.

(7) Any person who manufactures or possesses or who gives, mails, sends, or causes to be sent any false, facsimile, or hoax explosive or incendiary device or chemical, biological, or radiological weapon to another person or places any such purported explosive or incendiary device or chemical, biological, or radiological weapon in or upon any real or personal property commits a class 5 felony.

(8) Any person possessing a valid permit issued under the provisions of article 7 of title 9, C.R.S., or an employee of such permittee acting within the scope of his employment, who knowingly dispenses, distributes, or sells explosive or incendiary devices to a person who is not authorized to possess or control such explosive or incendiary device commits a class 4 felony.

18-12-110. Forfeiture of firearms.

Upon the motion of the prosecuting attorney after the conviction of a defendant, the court may order the forfeiture of any firearms which were used by the defendant during the course of the criminal episode which gave rise to said conviction as an element of sentencing or as a condition of probation or of a deferred sentence. Firearms forfeited under this section shall be disposed of pursuant to section 16-13-311, C.R.S.

18-12-111. Unlawful purchase of firearms - report to law enforcement - penalties.

(1) Any person who knowingly purchases or otherwise obtains a firearm on behalf of or for transfer to a person who the transferor knows or reasonably should know is ineligible to possess a firearm pursuant to federal or state law commits a class 4 felony.

(2)
(a) Any person who is a licensed dealer, as defined in 18 U.S.C. sec. 921 (a)(11), shall post a sign displaying the provisions of subsection (1) of this section in a manner that is easily readable. The person shall post such sign in an area that is visible to the public at each location from which the person sells firearms to the general public.
(b) Any person who violates any provision of this subsection (2) commits a civil infraction.

(3) [Editor’s note: Subsection (3) is effective July 1, 2025.]
(a) If a firearms dealer who holds a state permit to deal firearms pursuant to section 18-12-401.5 reasonably believes, knows or should know, or becomes aware after a transfer, that a person, including an employee, purchased or attempted to purchase a firearm in violation of this section, the dealer shall report that information to a law enforcement agency with jurisdiction over the dealer’s place of business.
(b) Failure to make the report required by this subsection (3) within forty-eight hours after the dealer becomes aware of an unlawful firearm purchase or attempted firearm purchase is a violation of state law concerning the sale of firearms and is subject to the penalties described in section 18-12-401.5 (7).

18-12-111.5. Unlawful conduct involving an unserialized firearm, frame, or receiver - exceptions - penalties - authority to serialize a firearm.

(1)
(a) A person shall not knowingly possess or transport an unfinished frame or receiver; except that it is not an offense if the unfinished frame or receiver is required by federal law to be imprinted with a serial number and has been imprinted with a serial number by a federal firearms licensee pursuant to federal law or subsection (7) of this section.
(b) This subsection (1) does not apply to a federally licensed firearm importer or federally licensed firearm manufacturer acting within the scope of the importer’s or manufacturer’s license.

(2)
(a) A person shall not knowingly sell, offer to sell, transfer, or purchase an unfinished frame or receiver; except that it is not an offense if the unfinished frame or receiver is required by federal law to be imprinted with a serial number and has been imprinted with a serial number by a federal firearms licensee pursuant to federal law or subsection (7) of this section.
(b) This subsection (2) does not apply to:
(I) A sale, offer to sell, transfer, or purchase if the purchaser is a federal firearms licensee; or
(II) A temporary transfer to a federal firearms licensee for the purpose of having the firearm or frame or receiver of a firearm imprinted with a serial number pursuant to subsection (7) of this section.

(3)
(a) A person shall not knowingly possess, purchase, transport, or receive a firearm or frame or receiver of a firearm that is not imprinted with a serial number by a federal firearms licensee authorized to imprint a serial number on a firearm, frame, or receiver pursuant to federal law or subsection (7) of this section.
(b) This subsection (3) does not apply if:
(I) The person possessing, purchasing, transporting, or receiving the firearm or the frame or receiver of a firearm is a federally licensed firearm importer or federally licensed firearm manufacturer; or
(II) The firearm involved has been rendered permanently inoperable; is a defaced firearm, as described in section 18-12-103; is an antique firearm, as defined in 18 U.S.C. sec. 921 (a)(16); or was manufactured before October 22, 1968.

(4)
(a) A person shall not knowingly sell, offer to sell, or transfer a firearm or frame or receiver of a firearm that is not imprinted with a serial number by a federal firearms licensee authorized to imprint a serial number on a firearm pursuant to federal law or subsection (7) of this section.
(b) This subsection (4) does not apply if:
(I) The person selling, offering to sell, or transferring the firearm or frame or receiver of a firearm is a federally licensed firearm importer or federally licensed firearm manufacturer, and the person purchasing or receiving the firearm or frame or receiver of a firearm is a federally licensed firearm importer or federally licensed firearm manufacturer;
(II) The firearm involved has been rendered permanently inoperable; is a defaced firearm, as described in section 18-12-103; is an antique firearm, as defined in 18 U.S.C. sec. 921 (a)(16); or was manufactured before October 22, 1968; or
(III) The transfer is a temporary transfer to a federal firearms licensee for the purpose of having the firearm or frame or receiver of a firearm imprinted with a serial number pursuant to subsection (7) of this section.

(5)
(a)
(I)  A person shall not manufacture or cause to be manufactured, including through the use of a three-dimensional printer, a frame or receiver of a firearm.
(II) This subsection (5)(a) does not apply to a federally licensed firearm manufacturer.
(b)
(I) A person who owns, on the day before June 2, 2023, a firearm or a frame or receiver of a firearm that the person manufactured and that is not imprinted with a serial number by a federal firearms licensee shall, no later than January 1, 2024, have the firearm or the frame or receiver of a firearm imprinted with a serial number by a federal firearms licensee authorized to imprint a serial number on a firearm, frame, or receiver pursuant to federal law or subsection (7) of this section.
(II) This subsection (5)(b) does not apply to a federal firearms licensee.

(6)
(a) A person who violates subsection (1), (2), (3), (4), or (5)(a) of this section commits unlawful conduct involving an unserialized firearm, frame, or receiver.
(b) Unlawful conduct involving an unserialized firearm, frame, or receiver is a class 1 misdemeanor; except that a second or subsequent offense is a class 5 felony.

(7)
(a) A federal firearms licensee may serialize a firearm or frame or receiver of a firearm, including a finished or unfinished frame or receiver, by imprinting a serial number on the firearm, frame, or receiver. To serialize a firearm, frame, or receiver, the dealer or other licensee must imprint on the firearm, frame, or receiver a serial number beginning with the dealer’s or licensee’s abbreviated federal firearms license number, which is the first three and last five digits of the license number, followed by a hyphen, before a unique identification number. The serial number must not be duplicated on any other firearm, frame, or receiver serialized by the licensee, and must be imprinted in a manner that complies with the requirements in federal law for imprinting a serial number on a firearm, including the minimum size and depth of the serial number and that the serial number is not susceptible to being readily obliterated, altered, or removed.
(b) The licensee must retain a record concerning a firearm, frame, or receiver serialized by the licensee that complies with the requirements under federal law for the sale of a firearm. In addition to any record required by federal law, a federal firearms licensee that imprints a unique serial number on a firearm, frame, or receiver pursuant to this subsection (7) shall make a record at the time of the transaction of each transaction involving serializing a firearm, frame, or receiver and keep that record. The record must include the following information: The date, name, age, and residence of any person to whom the item is transferred; and the unique serial number imprinted on the firearm, frame, or receiver. A licensee that fails to make and retain a record required in this subsection (7)(b) shall be punished as provided in section 18-12-403.
(c) Returning a newly serialized firearm, frame, or receiver to a person after serializing the firearm, frame, or receiver pursuant to federal law or this subsection (7) is a transfer of a firearm, and a federal firearms licensee that imprints a unique serial number on the firearm, frame, or receiver pursuant to this subsection (7) shall conduct a background check on the transferee pursuant to section 18-12-112.5 before returning the firearm to the transferee. If the transfer is denied, the licensee shall surrender the firearm, frame, or receiver to a law enforcement agency.

18-12-112. Private firearms transfers - sale and purchase - background check required - penalty - definitions.

(1)
(a) On and after July 1, 2013, except as described in subsection (6) of this section, before any person who is not a licensed gun dealer, as defined in section 18-12-506 (6), transfers or attempts to transfer possession of a firearm to a transferee, he or she shall:
(I) Require that a background check, in accordance with section 24-33.5-424, C.R.S., be conducted of the prospective transferee; and
(II) Obtain approval of a transfer from the bureau after a background check has been requested by a licensed gun dealer, in accordance with section 24-33.5-424, C.R.S.
(b) As used in this section, unless the context requires otherwise, ”transferee“ means a person who desires to receive or acquire a firearm from a transferor. If a transferee is not a natural person, then each natural person who is authorized by the transferee to possess the firearm after the transfer shall undergo a background check, as described in paragraph (a) of this subsection (1), before taking possession of the firearm.

(2)
(a) A prospective firearm transferor who is not a licensed gun dealer shall arrange for a licensed gun dealer to obtain the background check required by this section.
(b) A licensed gun dealer who obtains a background check on a prospective transferee shall record the transfer, as provided in section 18-12-402, and retain the records, as provided in section 18-12-403, in the same manner as when conducting a sale, rental, or exchange at retail. The licensed gun dealer shall comply with all state and federal laws, including 18 U.S.C. sec. 922, as if he or she were transferring the firearm from his or her inventory to the prospective transferee.
(c) A licensed gun dealer who obtains a background check for a prospective firearm transferor pursuant to this section shall provide the firearm transferor and transferee a copy of the results of the background check, including the bureau’s approval or disapproval of the transfer.
(d) A licensed gun dealer may charge a fee for services rendered pursuant to this section, which fee shall not exceed ten dollars.
(e) A person who is not a licensed gun dealer shall not make or facilitate the sale of a firearm to a person who is less than twenty-one years of age.
(f) It is unlawful for a person who is less than twenty-one years of age to purchase a firearm.
(g) Subsections (2)(e) and (2)(f) of this section do not apply if:
(I) The person is an active member of the United States armed forces while on duty and serving in conformance with the policies of the United States armed forces; or
(II) The person is a peace officer, as described in section 16-2.5-101, while on duty and serving in conformance with the policies of the employing agency, as set forth in section 16-2.5-101 and section 16-2.5-135; or
(III) The person is certified by the P.O.S.T. board pursuant to section 16-2.5-102.

(3)
(a) A prospective firearm transferee under this section shall not accept possession of the firearm unless the prospective firearm transferor has obtained approval of the transfer from the bureau after a background check has been requested by a licensed gun dealer, as described in paragraph (b) of subsection (1) of this section.
(b) A prospective firearm transferee shall not knowingly provide false information to a prospective firearm transferor or to a licensed gun dealer for the purpose of acquiring a firearm.

(4) If the bureau approves a transfer of a firearm pursuant to this section, the approval shall be valid for thirty calendar days, during which time the transferor and transferee may complete the transfer.

(5) A person who transfers a firearm in violation of the provisions of this section may be jointly and severally liable for any civil damages proximately caused by the transferee’s subsequent use of the firearm.

(6) The provisions of this section do not apply to:
(a) A transfer of an antique firearm, as defined in 18 U.S.C. sec. 921(a)(16), as amended, or a curio or relic, as defined in 27 CFR 478.11, as amended;
(b) A transfer that is a bona fide gift or loan between immediate family members, which are limited to spouses, parents, children, siblings, grandparents, grandchildren, nieces, nephews, first cousins, aunts, and uncles;
(c) A transfer that occurs by operation of law or because of the death of a person for whom the prospective transferor is an executor or administrator of an estate or a trustee of a trust created in a will;
(d) A transfer that is temporary and occurs while in the home of the unlicensed transferee if:
(I) The unlicensed transferee is not prohibited from possessing firearms; and
(II) The unlicensed transferee reasonably believes that possession of the firearm is necessary to prevent imminent death or serious bodily injury to the unlicensed transferee;
(e) A temporary transfer of possession without transfer of ownership or a title to ownership, which transfer takes place:
(I) At a shooting range located in or on premises owned or occupied by a duly incorporated organization organized for conservation purposes or to foster proficiency in firearms;
(II) At a target firearm shooting competition under the auspices of, or approved by, a state agency or a nonprofit organization; or
(III) While hunting, fishing, target shooting, or trapping if:
(A) The hunting, fishing, target shooting, or trapping is legal in all places where the unlicensed transferee possesses the firearm; and
(B) The unlicensed transferee holds any license or permit that is required for such hunting, fishing, target shooting, or trapping;
(f) A transfer of a firearm that is made to facilitate the repair or maintenance of the firearm; except that this paragraph (f) does not apply unless all parties who possess the firearm as a result of the transfer may legally possess a firearm;
(g) Any temporary transfer that occurs while in the continuous presence of the owner of the firearm;
(h) A temporary transfer for not more than seventy-two hours. A person who transfers a firearm pursuant to this paragraph (h) may be jointly and severally liable for damages proximately caused by the transferee’s subsequent unlawful use of the firearm; or
(i) A transfer of a firearm from a person serving in the armed forces of the United States who will be deployed outside of the United States within the next thirty days to any immediate family member, which is limited to a spouse, parent, child, sibling, grandparent, grandchild, niece, nephew, first cousin, aunt, and uncle of the person.

(7) For purposes of paragraph (f) of subsection (6) of this section:
(a) An owner, manager, or employee of a business that repairs or maintains firearms may rely upon a transferor’s statement that he or she may legally possess a firearm unless the owner, manager, or employee has actual knowledge to the contrary and may return possession of the firearm to the transferor upon completion of the repairs or maintenance without a background check;
(b) Unless a transferor of a firearm has actual knowledge to the contrary, the transferor may rely upon the statement of an owner, manager, or employee of a business that repairs or maintains firearms that no owner, manager, or employee of the business is prohibited from possessing a firearm.

(8) Nothing in subsection (6) of this section shall be interpreted to limit or otherwise alter the applicability of section 18-12-111 concerning the unlawful purchase or transfer of firearms.

(9)
(a) A person who violates a provision of this section commits a class 2 misdemeanor and shall be punished in accordance with section 18-1.3-501. The person shall also be prohibited from possessing a firearm for two years, beginning on the date of his or her conviction.
(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.

18-12-112.5. Firearms transfers by licensed dealers - sale and purchase - background check required - penalty - definitions.

(1)
(a) It is unlawful for a licensed gun dealer to transfer a firearm to a transferee until the dealer has obtained approval for the firearms transfer from the bureau after the bureau has completed any background check required by state or federal law.
(a.3) A person who is a licensed gun dealer shall not make or facilitate the sale of a firearm to a person who is less than twenty-one years of age.
(a.5) It is unlawful for a person who is less than twenty-one years of age to purchase a firearm. This subsection (1)(a.5) and subsection (1)(a.3) of this section do not apply if:
(I) The person is an active member of the United States armed forces while on duty and serving in conformance with the policies of the United States armed forces; or
(II) The person is a peace officer, as described in section 16-2.5-101, while on duty and serving in conformance with the policies of the employing agency, as set forth in section 16-2.5-101 and section 16-2.5-135; or
(III) An individual certified by the P.O.S.T. board pursuant to section 16-2.5-102.
(b) Transferring or selling a firearm in violation of this subsection (1) is a class 1 misdemeanor.
(c) Purchasing a firearm in violation of this subsection (1) is a class 2 misdemeanor.

(2) This section does not apply to the sale of an antique firearm, as defined in 18 U.S.C. sec. 921 (a)(16), as amended, or a curio or relic, as defined in 27 CFR 478.11, as amended.

(3) As used in this section, unless the context otherwise requires:
(a) ”Licensed gun dealer“ has the same meaning set forth in section 18-12-506.
(b) ”Transfer“ has the same meaning set forth in section 24-33.5-424.

18-12-113. Failure to report a lost or stolen firearm - exception.

(1)
(a)
(I)  A person who owns a firearm and who has reasonable cause to believe that the firearm has been lost or stolen shall report such fact to a law enforcement agency not more than five days after discovering that the firearm has been lost or stolen. A report of a lost or stolen firearm must include, and the law enforcement agency receiving the report shall request, an accurate and detailed description of the firearm, including, to the extent known, the manufacturer, model, serial number, caliber, and any other identification number or distinguishing mark of the firearm being reported.
(II) A person other than the owner of a lost or stolen firearm who is a member of the owner’s family or who resides with the owner may report the loss or theft to a law enforcement agency. If a person who is not the owner of a lost or stolen firearm makes the report, the owner is not required to report pursuant to subsection (1)(a)(I) of this section. Making a report pursuant to this subsection (1)(a)(II) does not constitute acknowledgment of ownership of the firearm for the purposes of any other provision of law.
(b) A person who previously reported a lost or stolen firearm pursuant to this section who has found or otherwise recovered the firearm, or any other person who has found or recovered the firearm, shall report to the law enforcement agency that received the report that the firearm has been recovered.
(c) Except as provided in subsection (3) of this section, a person who knowingly violates subsection (1)(a)(I) of this section commits failure to report a lost or stolen firearm.

(2) Failure to report a lost or stolen firearm is a civil infraction, punishable by a twenty-five dollar fine; except that a second or subsequent offense is an unclassified misdemeanor and, upon conviction thereof, shall be punished by a fine of not more than five hundred dollars.

(3) This section does not apply to a licensed gun dealer, as defined in section 18-12-506.

(4) Within five days after receiving a report of a lost or stolen firearm pursuant to this section, the law enforcement agency that receives the report shall enter any available descriptive information related to the lost or stolen firearm into the Colorado bureau of investigation crime information center database.

(5) A person who reports a lost or stolen firearm pursuant to subsection (1) of this section is immune from criminal prosecution for an offense in this part 1 related to the storage of firearms and from prosecution for the civil infraction of unlawful storage of a firearm in a vehicle as described in section 18-12-114.5.

(6) This section is known and may be cited as the “Isabella Joy Thallas Act”.

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;
(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;
(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
(d) The firearm is a personalized firearm and the safety characteristics of the firearm are activated.

(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:
(I) A juvenile can gain access to the firearm without the permission of the juvenile’s parent or guardian; or
(II) A resident of the premises is ineligible to possess a firearm pursuant to state or federal law.
(b) Unlawful storage of a firearm is a class 2 misdemeanor.
(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.

(3) This section does not apply to storing an antique firearm, as defined in 18 U.S.C. sec. 921 (a)(16), as amended, or a curio or relic, as defined in 27 CFR 478.11, as amended.

18-12-114.5. Secure firearm storage in a vehicle - penalty - definition.

(1)
(a) A person shall not knowingly leave a handgun in an unattended vehicle unless the handgun is in a locked hard-sided container that is placed out of plain view, including a locked container that is permanently affixed to the vehicle’s interior, and the container is in any of the following:
(I) A locked vehicle;
(II) The locked trunk of a locked vehicle; or
(III) A locked recreational vehicle, as defined in section 24-32-902.
(b) A person shall not knowingly leave a firearm that is not a handgun in an unattended vehicle unless the firearm is in a locked hard-sided or locked soft-sided container, including a locked container that is permanently affixed to the vehicle’s interior, and the container is in any of the following:
(I) A locked vehicle;
(II) The locked trunk of a locked vehicle; or
(III) A locked recreational vehicle, as defined in section 24-32-902.
(c) A firearm that is not a handgun that is stored in a soft-sided container must have a locking device installed on the firearm while the firearm is stored in the soft-sided container.
(d) For the purposes of this subsection (1), a locked glove compartment or the locked center console of a vehicle is a locked hard-sided container.

(2) A person who violates subsection (1) of this section commits unlawful storage of a firearm in a vehicle. Unlawful storage of a firearm in a vehicle is a civil infraction.

(3) This section does not apply to:
(a) Storing an antique firearm, as defined in 18 U.S.C. sec. 921 (a)(16), as amended;
(b) Storing a firearm that is a not a handgun in a vehicle that is being used for farm or ranch operations that is on the person’s private farm or ranch, including a leased farm or ranch. As used in this subsection (3)(b), ”farm“ and ”ranch“ have the same meanings as set forth in section 39-1-102.
(c) A person who lives in a vehicle or in a recreational vehicle, as defined in section 24-32-902, in which the firearm is stored. A person who lives in a vehicle or recreational vehicle must store firearms in the vehicle or recreational vehicle in accordance with the storage requirement described in section 18-12-114.
(d) A peace officer;
(e) A person who holds a valid resident or out-of-state hunting license who is engaged in lawful hunting activities;
(f) A person engaged in the instruction of hunter education courses and outreach offered by the division of parks and wildlife; and
(g) An active member of the United States armed forces while on duty.

(4) Notwithstanding the requirement in subsection (1) of this section to store a firearm in a locked hard-sided container, a person who is considered to have a disability, as defined in 42 U.S.C. sec. 12102, who stores a firearm in a locked soft-sided container does not violate this section with respect to the storage of the firearm that is in the locked soft-sided container.

(5) As used in this section, unless the context otherwise requires, ”vehicle“ has the same meaning as set forth in section 42-1-102.

18-12-115. Waiting period for firearms sales - background check required - penalty - exceptions.

(1)
(a) It is unlawful for any person who sells a firearm, including a licensed gun dealer as defined in section 18-12-506 (6), to deliver the firearm to the purchaser until the later in time occurs:
(I) Three days after a licensed gun dealer has initiated a background check of the purchaser that is required pursuant to state or federal law; or
(II) The seller has obtained approval for the firearm transfer from the bureau after it has completed any background check required by state or federal law.
(b) A person who violates this subsection (1) commits a civil infraction and, upon conviction thereof, shall be punished by a fine of five hundred dollars; except that for a second or subsequent offense, the fine shall be not less than five hundred dollars and not more than five thousand dollars.

(2) This section does not apply to:
(a) The sale of an antique firearm, as defined in 18 U.S.C. sec. 921 (a)(16), as amended, or a curio or relic, as defined in 27 CFR 478.11, as amended;
(b) The sale of a firearm by a person serving in the armed forces of the United States who will be deployed outside of the United States within the next thirty days to any family member, including:
(I) Regardless of age, a biological, adopted, or foster child; a stepchild or legal ward; a child of a domestic partner; a child to whom the seller stands in loco parentis; or a person to whom the seller stood in loco parentis when the person was a minor;
(II) A biological, adoptive, or foster parent; a stepparent or legal guardian of the seller or seller’s spouse or domestic partner; or a person who stood in loco parentis when the seller or seller’s spouse or domestic partner was a minor child;
(III) A person to whom the seller is legally married under the laws of any state or a domestic partner of a seller;
(IV) A grandparent, grandchild, or sibling, whether a biological, foster, adoptive, or step relationship, of the seller or seller’s spouse or domestic partner; or
(V) As shown by the seller, any other individual with whom the seller has a significant personal bond that is or is like a family relationship, regardless of biological or legal relationship; or
(c) A firearm transfer for which a background check is not required pursuant to state or federal law.

(3) Pursuant to the authority granted in section 29-11.7-103, a local government may enact an ordinance, regulation, or other law concerning a waiting period.

29-11.7-101. Legislative declaration.

(1) The general assembly hereby finds that:
(a) Section 3 of article II of the state constitution, the article referred to as the state bill of rights, declares that all persons have certain inalienable rights, which include the right to defend their lives and liberties;
(b) Section 13 of article II of the state constitution protects the fundamental right of a person to keep and bear arms and implements section 3 of article II of the state constitution;
(c) The general assembly recognizes a duty to protect and defend the fundamental civil rights set forth in paragraphs (a) and (b) of this subsection (1);
(d) The state has an interest in the regulation of firearms due to the ease of transporting firearms between local jurisdictions; and
(e) Officials of local governments are uniquely equipped to make determinations as to regulations necessary in their local jurisdictions.
(f) and (g) Repealed.

(2) Based on the findings specified in subsection (1) of this section, the general assembly concludes that the regulation of firearms is a matter of state and local concern.

29-11.7-101.5. Definitions.

As used in this article 11.7, unless the context otherwise requires:

(1) “Firearm component or accessory” means an item contained in, used in conjunction with, or mounted to a firearm.

(2) “Local government” means a statutory or home rule city and county, county, city, or town.

29-11.7-102. Firearms database - prohibited.

(1) A local government, including a law enforcement agency, shall not maintain a list or other form of record or database of:
(a) Persons who purchase or exchange firearms or who leave firearms for repair or sale on consignment;
(b) Persons who transfer firearms, unless the persons are federally licensed firearms dealers;
(c) The descriptions, including serial numbers, of firearms purchased, transferred, exchanged, or left for repair or sale on consignment.

29-11.7-103. Local regulations governing firearms permitted.

(1) 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 the effective date of this section, as amended in 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.

(2) Nothing in this section requires the Colorado bureau of investigation to consider anything other than state or federal law in its background approval process and determinations.

(3) Nothing in this section authorizes a local government to restrict the manufacture or sale of items pursuant to a United States military or law enforcement procurement contract.

29-11.7-104. Regulation - carrying - posting.

A local government may enact an ordinance, regulation, or other law that prohibits the open carrying of a firearm in a building or specific area within the local government’s jurisdiction. If a local government enacts an ordinance, regulation, or other law that prohibits the open carrying of a firearm in a building or specific area, the local government shall post signs at the public entrances to the building or specific area informing persons that the open carrying of firearms is prohibited in the building or specific area.

Permits To Carry Concealed Handguns

18-12-201. Legislative declaration.

(1) The general assembly finds that:
(a) There exists a widespread inconsistency among jurisdictions within the state with regard to the issuance of permits to carry concealed handguns;
(b) (Deleted by amendment, L. 2021.)
(c) Inconsistency regarding issuance of permits results in the arbitrary and capricious denial of permits to carry concealed handguns based on the jurisdiction of residence rather than the qualifications for obtaining a permit;
(d) Officials of local governments are uniquely equipped to make determinations as to where concealed handguns can be carried in their local jurisdictions; and
(e) It is necessary that the state occupy the field of regulation of issuing concealed handgun permits because there is a prevailing state interest in ensuring that no citizen is arbitrarily denied a concealed handgun permit.

(2) Based on the findings specified in subsection (1) of this section, the general assembly concludes that:
(a) The criteria and procedures for issuing permits to carry concealed handguns is a matter of statewide concern;
(b) It is necessary to provide statewide uniform standards for issuing permits to carry concealed handguns for self-defense; and
(c) Whether concealed handguns can be carried in a specific area is a matter of state and local concern.

(3) In accordance with the findings and conclusions specified in subsections (1) and (2) of this section, the general assembly hereby instructs each sheriff to implement and administer the provisions of this part 2. The general assembly does not delegate to the sheriffs the authority to regulate or restrict the issuance of permits provided for in this part 2 beyond the provisions of this part 2. An action or rule that encumbers the permit process by placing burdens on the applicant beyond those sworn statements and specified documents detailed in this part 2 or that creates restrictions beyond those specified in this part 2 is in conflict with the intent of this part 2 and is prohibited.

18-12-202. Definitions - repeal.

As used in this part 2, unless the context otherwise requires:
(1) Repealed.

(2) “Certified instructor” means an instructor for a firearms safety course who is certified as a firearms instructor by:
(a) A county, municipal, state, or federal law enforcement agency;
(b) The peace officers standards and training board created in section 24-31-302, C.R.S.;
(c) A federal military agency; or
(d) A national nonprofit organization that certifies firearms instructors, operates national firearms competitions, and provides training, including courses in personal protection, in small arms safety, use, and marksmanship.
(e) This subsection (2) is repealed, effective July 1, 2025.

(3) “Chronically and habitually uses alcoholic beverages to the extent that the applicant’s normal faculties are impaired” means:
(a) The applicant has at any time been committed as a person with an alcohol use disorder pursuant to section 27-81-111 or 27-81-112; or
(b) Within the ten-year period immediately preceding the date on which the permit application is submitted, the applicant:
(I) Has been committed as a person with an alcohol use disorder pursuant to section 27-81-109 or 27-81-110; or
(II) Has had two or more alcohol-related convictions under section 42-4-1301 (1) or (2), C.R.S., or a law of another state that has similar elements, or revocations related to misdemeanor, alcohol-related convictions under section 42-2-126, C.R.S., or a law of another state that has similar elements.

(3.5) [Editor’s note: Subsection (3.5) is effective July 1, 2025.] “Concealed handgun training class” means a concealed handgun training class as described in section 18-12-202.5 and does not include a refresher class.

(4) “Handgun” means a handgun as defined in section 18-12-101 (1)(e.5); except that the term does not include a machine gun as defined in section 18-12-101 (1)(g).

(5)
(a) “Handgun training class” means:
(I) A law enforcement training firearms safety course;
(II) A firearms safety course offered by a law enforcement agency, an institution of higher education, or a public or private institution or organization or firearms training school, that is open to the general public and is taught by a certified instructor; or
(III) A firearms safety course or class that is offered and taught by a certified instructor.
(b) Notwithstanding paragraph (a) of this subsection (5), “handgun training class” does not include any firearms safety course that allows a person to complete the entire course:
(I) Via the internet or an electronic device; or
(II) In any location other than the physical location where the certified instructor offers the course.
(c) This subsection (5) is repealed, effective July 1, 2025.

(6) “Permit” means a permit to carry a concealed handgun issued pursuant to the provisions of this part 2; except that “permit” does not include a temporary emergency permit issued pursuant to section 18-12-209.

(6.5) [Editor’s note: Subsection (6.5) is effective July 1, 2025.] “Refresher class” means a concealed handgun refresher class as described in section 18-12-202.5 (4).

(7) “Sheriff” means the sheriff of a county, or his or her designee, or the official who has the duties of a sheriff in a city and county, or his or her designee.
(8) [Editor’s note: This version of subsection (8) is effective until July 1, 2025.] “Training certificate” means a certificate, affidavit, or other document issued by the instructor, school, club, or organization that conducts a handgun training class that evidences an applicant’s successful completion of the class requirements.

(8) [Editor’s note: This version of subsection (8) is effective July 1, 2025.] “Training certificate” means a certificate issued by a verified instructor who conducts a concealed handgun training class or a refresher class that evidences an applicant’s successful completion of the class requirements.

(9) [Editor’s note: Subsection (9) is effective July 1, 2025.] “Verified instructor” means an instructor for a firearms safety course verified as a firearms instructor by a sheriff pursuant to section 18-12-202.7.

18-12-202.5. Concealed handgun training class - refresher class - rules.

(1) A concealed handgun training class is any of the following:
(a) A law enforcement training firearms safety course; or
(b) A firearms safety course taught by a verified instructor and offered by a law enforcement agency; an institution of higher education; or a public or private institution, organization, or firearms training school, that is open to the general public and is taught by a verified instructor.

(2) A concealed handgun training class must be held in person with the instructor of the class at the same location as the students, and no part of the class may be conducted via the internet. A concealed handgun training class must provide a minimum of eight hours of instruction, including the live-fire shooting exercise described in subsection (3)(g) of this section and the written concealed handgun competency exam described in subsection (3)(h) of this section. The eight hours of instruction in a course do not need to be consecutive.

(3) A concealed handgun training class must include the following elements:
(a) Instruction regarding knowledge and safe handling of firearms and ammunition;
(b) Instruction regarding safe storage of firearms and child safety;
(c) Instruction regarding safe firearms shooting fundamentals;
(d) Instruction regarding federal and state laws pertaining to the lawful purchase, ownership, transportation, use, and possession of firearms, including instruction on extreme risk protection orders described in article 14.5 of title 13, requirements for reporting lost or stolen firearms described in section 18-12-113, secure firearms storage requirements described in section 18-12-114, and any other state law enacted within five years before the class that pertains to the purchase, ownership, transportation, use, and possession of firearms;
(e) Instruction regarding state law pertaining to the use of deadly force for self-defense;
(e.5) Instruction regarding best practices to ensure concealed handgun permit holders safely interact with law enforcement personnel who are responding to an emergency;
(f) Instruction regarding techniques for avoiding a criminal attack and how to manage a violent confrontation, including conflict resolution and judgmental use of lethal force;
(g) A requirement that a student achieve a minimum seventy percent accuracy score, as determined by the instructor, in a live-fire shooting exercise conducted on a range, which requires discharging at least fifty rounds of ammunition and which does not need to be conducted in a single day; and
(h) A requirement that a student achieve a passing score of at least eighty percent on a written concealed handgun competency exam that tests a student’s knowledge of the subjects described in subsections (3)(a) to (3)(f) of this section. The exam must be administered as an open book exam.

(4)
(a) A concealed handgun refresher class requires a student to demonstrate safety and competence with a handgun. A refresher class must be taught by a verified instructor and must include instruction on changes to federal and state laws related to firearms enacted within five years before the refresher class; a live-fire shooting exercise conducted on a range, which requires discharging at least fifty rounds of ammunition; and a written concealed handgun competency exam that tests a student’s knowledge of the subjects described in subsections (3)(a) to (3)(f) of this section.
(b) A refresher class must be held in person with the instructor of the class at the same location as the students, and no part of the class may be conducted via the internet. A refresher class must include at least two hours of instruction, including the live-fire exercise and the written exam. In order to complete a refresher class, a student must achieve a minimum seventy percent accuracy score, as determined by the instructor, in the live-fire shooting exercise and a passing score of at least eighty percent on the written exam. The exam must be administered as an open book exam.
(c) A training certificate issued for the completion of a refresher class is valid for renewal of a permit to carry a concealed handgun pursuant to section 18-12-211, but is not valid for an initial application for a permit to carry a concealed handgun pursuant to section 18-12-203 (1)(h)(VI).

(5) A verified instructor shall provide a training certificate that includes the printed name and original signature of the class instructor to any student who completes a concealed handgun training class or a refresher class so that the student may submit the certificate to a sheriff as part of an initial application for, or an application for renewal of, a permit to carry a concealed handgun. The training certificate must clearly indicate whether the student completed a concealed handgun training class or a refresher class.

(6) A concealed handgun training class and a refresher class is subject to the requirements of the federal ”Americans with Disabilities Act of 1990“, 42 U.S.C. sec. 12101 et seq.

18-12-202.7. Concealed handgun training class - instructor verification.

(1) Each sheriff shall verify as a firearms instructor a person whose principal place to conduct firearms training is in the sheriff’s county and who:
(a) Satisfies the requirements for verification described in this section; and
(b) Pays any fee required pursuant to subsection (5) of this section.

(2) To become a verified instructor, an applicant must:
(a) Hold a valid permit to carry a concealed handgun issued pursuant this part 2 that is not a temporary emergency permit issued pursuant to section 18-12-209; and
(b) Be certified as a firearms instructor by one of the following entities that has instructors certified by a nationally recognized organization that customarily offers firearms training:
(I) A federal, state, county, or municipal law enforcement agency;
(II) A college or university;
(III) A nationally recognized organization that customarily offers firearms training; or
(IV) A firearms training school.

(3)
(a) An instructor verification issued pursuant to this section is valid for ten years and may be renewed at any time prior to expiration.
(b) A sheriff shall issue evidence of verification to a verified instructor. The evidence of verification must include the date of expiration of the verification.
(c) Each sheriff shall maintain a record of firearms instructors verified by the sheriff and shall post a list of verified instructors on the sheriff’s website. The list must include the expiration date of an instructor’s verification.

(4)
(a) A sheriff shall revoke a verification issued pursuant to this section if the verified instructor ceases to meet the requirements for verification.
(b) A sheriff may revoke or suspend a verification issued pursuant to this section if the verified instructor provides instruction in a concealed handgun training class or refresher class that fails to meet the requirements for the class pursuant to this part 2 and that results in the issuance of a training certificate. A person who has had a verification suspended pursuant to this subsection (4)(b) may apply for reinstatement no earlier than thirty days following suspension.
(c) If a sheriff denies a person’s application for verification as a firearms instructor or suspends or revokes a person’s firearms instructor verification, the sheriff shall notify the person in writing. The notice must state the grounds for denial, suspension, or revocation and inform the person of the right to seek judicial review pursuant to section 18-12-207.

(5) A sheriff may establish and impose a fee to cover the actual direct and indirect costs of processing applications and issuing and renewing verifications pursuant to this section.

18-12-203. Criteria for obtaining a permit.

(1) Beginning May 17, 2003, except as set forth in this section, a sheriff shall issue a permit to carry a concealed handgun to an applicant who:
(a) Is a legal resident of the state of Colorado. For purposes of this part 2, a person who is a member of the armed forces and is stationed pursuant to permanent duty station orders at a military installation in this state, and a member of the person’s immediate family living in Colorado, shall be deemed to be a legal resident of the state of Colorado.
(b) Is twenty-one years of age or older;
(c) Is not ineligible to possess a firearm pursuant to section 18-12-108 or federal law;
(c.5) [Editor’s note: Subsection (1)(c.5) is effective July 1, 2025.] Has not been convicted of any of the offenses described in section 24-33.5-424 (3)(b.3) committed on or after July 1, 2025, if the offense is classified as a misdemeanor, and the applicant has not been convicted in another state or jurisdiction, including a military or federal jurisdiction, of an offense that, if committed in Colorado, would constitute any of the offenses described in section 24-33.5-424 (3)(b.3) classified as a misdemeanor offense, within five years prior to filing the permit application;
(d) Has not been convicted of perjury under section 18-8-503, in relation to information provided or deliberately omitted on a permit application submitted pursuant to this part 2;
(e)
(I) Does not chronically and habitually use alcoholic beverages to the extent that the applicant’s normal faculties are impaired.
(II) The prohibition specified in this subsection (1)(e) shall not apply to an applicant who provides an affidavit, signed by a professional counselor or addiction counselor who is licensed pursuant to article 245 of title 12 and specializes in alcohol addiction, stating that the applicant has been evaluated by the counselor and has been determined to be a recovering alcoholic who has refrained from using alcohol for at least three years.
(f) Is not an unlawful user of or addicted to a controlled substance as defined in section 18-18-102 (5). Whether an applicant is an unlawful user of or addicted to a controlled substance shall be determined as provided in federal law and regulations.
(g) Is not subject to:
(I) A protection order issued pursuant to section 18-1-1001 or section 19-2.5-607 that is in effect at the time the application is submitted; or
(II) A permanent protection order issued pursuant to article 14 of title 13;
(III) A temporary protection order issued pursuant to article 14 of title 13 that is in effect at the time the application is submitted; or
(IV) A temporary extreme risk protection order issued pursuant to section 13-14.5-103 (3) or an extreme risk protection order issued pursuant to section 13-14.5-105 (2);
(h) Demonstrates competence with a handgun by submitting:
(I) [Editor’s note: This version of subsection (1)(h)(I) is effective until July 1, 2025.] Evidence of experience with a firearm through participation in organized shooting competitions or current military service;
(I) [Editor’s note: This version of subsection (1)(h)(I) is effective July 1, 2025.] Evidence of experience with a firearm through participation in organized shooting competitions, current military service, or current certification as a peace officer pursuant to article 2.5 of title 16;
(II) Evidence that, at the time the application is submitted, the applicant is a certified instructor;
(III) Proof of honorable discharge from a branch of the United States armed forces within the three years preceding submittal of the application;
(IV) Proof of honorable discharge from a branch of the United States armed forces that reflects pistol qualifications obtained within the ten years preceding submittal of the application;
(V) A certificate showing retirement from a Colorado law enforcement agency that reflects pistol qualifications obtained within the ten years preceding submittal of the application; or
(VI) [Editor’s note: This version of subsection (1)(h)(VI) is effective until July 1, 2025.] A training certificate from a handgun training class obtained within the ten years preceding submittal of the application. The applicant shall submit the original training certificate or a photocopy thereof that includes the original signature of the instructor. To the extent permitted by section 18-12-202 (5), in obtaining a training certificate from a handgun training class, the applicant shall have discretion in selecting which handgun training class to complete.
(VI) [Editor’s note: This version of subsection (1)(h)(VI) is effective July 1, 2025.] A training certificate from a concealed handgun training class obtained within the one year preceding submittal of the application. The applicant shall submit the original training certificate that includes the printed name and original signature of the verified instructor. To the extent permitted by section 18-12-202.5, in obtaining a training certificate from a concealed handgun training class, the applicant has discretion in selecting which concealed handgun training class to complete.

(2) Regardless of whether an applicant meets the criteria specified in subsection (1) of this section, if the sheriff has a reasonable belief that documented previous behavior by the applicant makes it likely the applicant will present a danger to self or others if the applicant receives a permit to carry a concealed handgun, the sheriff may deny the permit.

(3)
(a) The sheriff shall deny, revoke, or refuse to renew a permit if an applicant or a permittee fails to meet one of the criteria listed in subsection (1) of this section and may deny, revoke, or refuse to renew a permit on the grounds specified in subsection (2) of this section.
(b) Following issuance of a permit, if the issuing sheriff has a reasonable belief that a permittee no longer meets the criteria specified in subsection (1) of this section or that the permittee presents a danger as described in subsection (2) of this section, the sheriff shall suspend the permit until such time as the matter is resolved and the issuing sheriff determines that the permittee is eligible to possess a permit as provided in this section.
(c) If the sheriff suspends or revokes a permit, the sheriff shall notify the permittee in writing, stating the grounds for suspension or revocation and informing the permittee of the right to seek a second review by the sheriff, to submit additional information for the record, and to seek judicial review pursuant to section 18-12-207.

18-12-204. Permit contents - validity - carrying requirements.

(1)
(a) Each permit shall bear a color photograph of the permittee and shall display the signature of the sheriff who issues the permit. In addition, the sheriffs of this state shall ensure that all permits issued pursuant to this part 2 contain the same items of information and are the same size and the same color.
(b) A permit is valid for a period of five years after the date of issuance and may be renewed as provided in section 18-12-211. A permit issued pursuant to this part 2, including a temporary emergency permit issued pursuant to section 18-12-209, is effective in all areas of the state, except as otherwise provided in section 18-12-214.

(2)
(a) A permittee, in compliance with the terms of a permit, may carry a concealed handgun as allowed by state law. The permittee shall carry the permit, together with valid photo identification, at all times during which the permittee is in actual possession of a concealed handgun and shall produce both documents upon demand by a law enforcement officer. Failure to produce a permit upon demand by a law enforcement officer raises a rebuttable presumption that the person does not have a permit. Failure to carry and produce a permit and valid photo identification upon demand as required in this subsection (2) is a petty offense. A charge of failure to carry and produce a permit and valid photo identification upon demand pursuant to this subsection (2) shall be dismissed by the court if, at or before the permittee’s scheduled court appearance, the permittee exhibits to the court a valid permit and valid photo identification, both of which were issued to the permittee prior to the date on which the permittee was charged with failure to carry and produce a permit and valid photo identification upon demand.
(b) The provisions of paragraph (a) of this subsection (2) apply to temporary emergency permits issued pursuant to section 18-12-209.

(3)
(a) A person who may lawfully possess a handgun may carry a handgun under the following circumstances without obtaining a permit and the handgun shall not be considered concealed:
(I) The handgun is in the possession of a person who is in a private automobile or in some other private means of conveyance and who carries the handgun for a legal use, including self-defense; or
(II) The handgun is in the possession of a person who is legally engaged in hunting activities within the state.
(b) The provisions of this subsection (3) shall not be construed to authorize the carrying of a handgun in violation of the provisions of section 18-12-105 or 18-12-105.5.

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

(1)
(a) To obtain a permit, a person shall submit a permit application on a statewide standardized form developed by the sheriffs and available from each sheriff. The permit application form shall solicit only the following information from the applicant:
(I) The applicant’s full name, date of birth, and address;
(II) The applicant’s birth name, if different from the name provided pursuant to subparagraph (I) of this paragraph (a), and any other names the applicant may have used or by which the applicant may have been known;
(III) The applicant’s home address or addresses for the ten-year period immediately preceding submittal of the application;
(IV) Whether the applicant is a resident of this state as of the date of application and whether the applicant has a valid driver’s license or other state-issued photo identification or military order proving residence; and
(V) Whether the applicant meets the criteria for obtaining a permit specified in section 18-12-203 (1).
(b) The permit application form shall not require the applicant to waive or release a right or privilege, including but not limited to waiver or release of privileged or confidential information contained in medical records.

(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. The applicant shall sign the completed permit application form in person before the sheriff. The applicant shall provide his or her signature voluntarily upon a sworn oath that the applicant knows the contents of the permit application and that the information contained in the permit application is true and correct. An applicant who knowingly and intentionally makes a false or misleading statement on a permit application or deliberately omits any material information requested on the application commits perjury as described in section 18-8-503. Upon conviction, the applicant shall be punished as provided in section 18-1.3-501. In addition, the applicant shall be denied the right to obtain or possess a permit, and the sheriff shall revoke the applicant’s permit if issued prior to conviction.
(b) An applicant shall also submit to the sheriff a permit fee not to exceed one hundred dollars for processing the permit application. The sheriff shall set the amount of the permit fee as provided in subsection (5) of this section. In addition, the applicant shall submit an amount specified by the director of the bureau, pursuant to section 24-72-306, C.R.S., for processing the applicant’s fingerprints through the bureau and through the federal bureau of investigation. Neither the permit fee nor the fingerprint processing fee shall be refundable in the event the sheriff denies the applicant’s permit application or suspends or revokes the permit subsequent to issuance.

(3) In addition to the items specified in subsection (2) of this section, an applicant, when submitting the completed permit application, shall submit the following items to the sheriff:
(a) Documentary evidence demonstrating competence with a handgun as specified in section 18-12-203 (1)(h); and
(b) A full frontal view color photograph of the applicant’s head taken within the thirty days immediately preceding submittal of the permit application; except that the applicant need not submit a photograph if the sheriff photographs the applicant for purposes of issuing a permit. Any photograph submitted shall show the applicant’s full head, including hair and facial features, and the depiction of the applicant’s head shall measure one and one-eighth inches wide and one and one-fourth inches high.

(4)
(a) The sheriff shall witness an applicant’s signature on the permit application as provided in subsection (2) of this section and verify that the person making application for a permit is the same person who appears in any photograph submitted and the same person who signed the permit application form. To verify the applicant’s identity, the applicant shall present to the sheriff the applicant’s valid Colorado driver’s license or valid Colorado or military photo identification.
(b) After verifying the applicant’s identity, the sheriff shall take two complete sets of the applicant’s fingerprints. The sheriff shall submit both sets of fingerprints to the bureau, and the sheriff shall not retain a set of the applicant’s fingerprints.
(c) After receipt of a permit application and the items specified in this section, the sheriff shall verify that the applicant meets the criteria specified in section 18-12-203 (1) and is not a danger as described in section 18-12-203 (2). The verification at a minimum shall include requesting the bureau to conduct a search of the national instant criminal background check system and a search of the state integrated criminal justice information system to determine whether the applicant meets the criteria specified in section 18-12-203 (1). In addition, if the applicant resides in a municipality or town, the sheriff shall consult with the police department of the municipality or town in which the applicant resides, and the sheriff may consult with other local law enforcement agencies.

(5) The sheriff in each county or city and county in the state shall establish the amount of the new and renewal permit fees within his or her jurisdiction. The amount of the new and renewal permit fees shall comply with the limits specified in paragraph (b) of subsection (2) of this section and section 18-12-211 (1), respectively. The fee amounts shall reflect the actual direct and indirect costs to the sheriff of processing permit applications and renewal applications pursuant to this part 2.

18-12-206. Sheriff - issuance or denial of permits - report.

(1) Within ninety days after the date of receipt of the items specified in section 18-12-205, a sheriff shall:
(a) Approve the permit application and issue the permit; or
(b) Deny the permit application based solely on the ground that the applicant fails to qualify under the criteria listed in section 18-12-203 (1) or that the applicant would be a danger as described in section 18-12-203 (2). If the sheriff denies the permit application, he or she shall notify the applicant in writing, stating the grounds for denial and informing the applicant of the right to seek a second review of the application by the sheriff, to submit additional information for the record, and to seek judicial review pursuant to section 18-12-207.

(2) If the sheriff does not receive the results of the fingerprint checks conducted by the bureau and by the federal bureau of investigation within ninety days after receiving a permit application, the sheriff shall determine whether to grant or deny the permit application without considering the fingerprint check information. If, upon receipt of the information, the sheriff finds that the permit was issued or denied erroneously, based on the criteria specified in section 18-12-203 (1) and (2), the sheriff shall either revoke or issue the permit, whichever is appropriate.

(3)
(a) Each sheriff shall maintain a list of the persons to whom he or she issues permits pursuant to this part 2. Upon request by another criminal justice agency for law enforcement purposes, the sheriff may, at his or her discretion, share information from the list of permittees with a law enforcement agency for the purpose of determining the validity of a permit. A database maintained pursuant to this subsection (3) and any database operated by a state agency that includes permittees shall be searchable only by name.
(b)
(I) Notwithstanding the provisions of paragraph (a) of this subsection (3), on and after July 1, 2011, a sheriff shall not share information from the list of permittees with a law enforcement agency for the purpose of creating a statewide database of permittees, and any law enforcement agency that receives information concerning permittees from a sheriff shall not use the information to create or maintain a statewide database of permittees. Any information concerning a permittee that is included in a statewide database pursuant to paragraph (a) of this subsection (3) shall be removed from the database no later than July 1, 2011.
(II) Repealed.
(c) Except for suspected violations of sections 18-12-105 and 18-12-105.5, a peace officer may not use or search a database of permittees maintained by a law enforcement agency to establish reasonable suspicion for a traffic stop, or when contacting an individual, to justify probable cause for a search or seizure of a person or a person’s vehicle or property.

(4) Each sheriff shall annually prepare a report specifying, at a minimum, the number of permit applications received during the year for which the report was prepared, the number of permits issued during the year, the number of permits denied during the year, the reasons for denial, the number of revocations during the year, and the reasons for the revocations. The report shall not include the name of a person who applies for a permit, regardless of whether the person receives or is denied a permit. Each sheriff shall submit the report on or before March 1, 2004, and on or before March 1 each year thereafter, to the members of the general assembly. In addition, each sheriff shall provide a copy of the annual report prepared pursuant to this subsection (4) to a member of the public upon request.

18-12-207. Judicial review - permit denial - permit suspension - permit revocation - denial, suspension, or revocation of instructor verification.

(1) If a sheriff denies a permit application, refuses to renew a permit, or suspends or revokes a permit, the applicant or permittee may seek judicial review of the sheriff’s decision. The applicant or permittee may seek judicial review either in lieu of or subsequent to the sheriff’s second review.

(2) The procedure and time lines for filing a complaint, an answer, and briefs for judicial review pursuant to this section shall be in accordance with the procedures specified in rule 106 (a)(4) and (b) of the Colorado rules of civil procedure.

(3) Notwithstanding any other provision of law to the contrary, at a judicial review sought pursuant to subsection (1) of this section, the sheriff shall have the burden of proving by a preponderance of the evidence that the applicant or permittee is ineligible to possess a permit under the criteria listed in section 18-12-203 (1) or, if the denial, suspension, or revocation was based on the sheriff’s determination that the person would be a danger as provided in section 18-12-203 (2), the sheriff shall have the burden of proving the determination by clear and convincing evidence. Following completion of the review, the court may award attorney fees to the prevailing party.

(4)
(a) If a sheriff denies a person’s application for verification as a firearms instructor or suspends or revokes a person’s firearms instructor verification, the person may seek judicial review of the sheriff’s decision. The procedure and timelines described in subsection (2) of this section apply to judicial review of a sheriff’s decision pursuant to this subsection (4).
(b) Notwithstanding any other provision of law to the contrary, at a judicial review sought pursuant to this subsection (4), the sheriff has the burden of proving by a preponderance of the evidence that the person does not meet the requirements to be verified as a firearms instructor or satisfies the criteria for suspension or revocation of a firearms instructor verification.

18-12-208. Colorado bureau of investigation - duties.

(1) Upon receipt of a permit applicant’s fingerprints from a sheriff pursuant to section 18-12-205 (4) or upon a sheriff’s request pursuant to section 18-12-211 (1), the bureau shall process the full set of fingerprints to obtain any available state criminal justice information or federal information pursuant to section 16-21-103 (5), C.R.S., and shall report any information received to the sheriff. In addition, within ten days after receiving the fingerprints, the bureau shall forward one set of the fingerprints to the federal bureau of investigation for processing to obtain any available state criminal justice information or federal information.

(2) The bureau shall use the fingerprints received pursuant to this part 2 solely for the purposes of:
(a) Obtaining information for the issuance or renewal of permits; and
(b) Notifying an issuing sheriff that a permittee has been arrested for or charged with an offense that would require revocation or suspension of the permit or that a permittee has been convicted of such an offense.

(3) On or before January 15, 2004, and on or before January 15 each year thereafter until January 15, 2007, the bureau shall provide to the general assembly a list of the jurisdictions in which the sheriff provides to the bureau the names of persons to whom the sheriff issues permits.

18-12-209. Issuance by sheriffs of temporary emergency permits.

(1) Notwithstanding any provisions of this part 2 to the contrary, a sheriff, as provided in this section, may issue a temporary emergency permit to carry a concealed handgun to a person whom the sheriff has reason to believe may be in immediate danger.

(2)
(a) To receive a temporary emergency permit, a person shall submit to the sheriff of the county or city and county in which the person resides or in which the circumstances giving rise to the emergency exist the items specified in section 18-12-205; except that an applicant for a temporary emergency permit need not submit documentary evidence demonstrating competence with a handgun as required under section 18-12-205 (3)(a), and the applicant shall submit a temporary permit fee not to exceed twenty-five dollars, as set by the sheriff. Upon receipt of the documents and fee, the sheriff shall request that the bureau conduct a criminal history record check of the bureau files and a search of the national instant criminal background check system. The sheriff may issue a temporary emergency permit to the applicant if the sheriff determines the person may be in immediate danger and the criminal history record check shows that the applicant meets the criteria specified in section 18-12-203; except that the applicant need not demonstrate competence with a handgun and the applicant may be eighteen years of age or older.
(b)
(I) A temporary emergency permit issued pursuant to this section is valid for a period of ninety days after the date of issuance. Prior to or within ten days after expiration of a temporary emergency permit, the permittee may apply to the sheriff of the county or city and county in which the person resides or in which the circumstances giving rise to the emergency exist for renewal of the permit. The sheriff may renew a temporary emergency permit once for an additional ninety-day period; except that, if the permittee is younger than twenty-one years of age, the sheriff may renew the temporary emergency permit for subsequent ninety-day periods until the permittee reaches twenty-one years of age.
(II) If the sheriff is not the same sheriff who issued the temporary emergency permit to the permittee:
(A) The permittee shall submit to the renewing sheriff, in addition to the materials described in section 18-12-205, a legible photocopy of the temporary emergency permit; and
(B) The renewing sheriff shall contact the office of the sheriff who issued the temporary emergency permit and confirm that the issuing sheriff has not revoked or suspended the temporary emergency permit.

18-12-210. Maintenance of permit - address change - invalidity of permit.

(1) Within thirty days after a permittee changes the address specified on his or her permit or within three business days after his or her permit is lost, stolen, or destroyed, the permittee shall notify the issuing sheriff of the change of address or permit loss, theft, or destruction. Failure to notify the sheriff pursuant to this subsection (1) is a civil infraction.

(2) If a permit is lost, stolen, or destroyed, the permit is automatically invalid. The person to whom the permit was issued may obtain a duplicate or substitute therefor upon payment of fifteen dollars to the issuing sheriff and upon submission of a notarized statement to the issuing sheriff that the permit has been lost, stolen, or destroyed.

(3) The provisions of this section apply to temporary emergency permits issued pursuant to section 18-12-209.

18-12-211. Renewal of permits.

(1)
(a)  [Editor’s note: This version of subsection (1)(a) is effective until July 1, 2025.] Within one hundred twenty days prior to expiration of a permit, the permittee may obtain a renewal form from the sheriff of the county or city and county in which the permittee resides or from the sheriff of the county or city and county in which the permittee maintains a secondary residence or owns or leases real property used by the permittee in a business and renew the permit by submitting to the sheriff a completed renewal form, a notarized affidavit stating that the permittee remains qualified pursuant to the criteria specified in section 18-12-203 (1)(a) to (1)(g), and the required renewal fee not to exceed fifty dollars, as set by the sheriff pursuant to section 18-12-205 (5). The renewal form must meet the requirements specified in section 18-12-205 (1) for an application.
(a)  [Editor’s note: This version of subsection (1)(a) is effective July 1, 2025.] Within one hundred twenty days prior to expiration of a permit, the permittee may obtain a renewal form from the sheriff of the county or city and county in which the permittee resides or from the sheriff of the county or city and county in which the permittee maintains a secondary residence or owns or leases real property used by the permittee in a business and renew the permit by demonstrating competence with a handgun, as described in subsection (3) of this section, and submitting to the sheriff a completed renewal form; an affidavit stating that the permittee remains qualified pursuant to the criteria specified in section 18-12-203 (1)(a) to (1)(g); and the required renewal fee not to exceed fifty dollars, as set by the sheriff pursuant to section 18-12-205 (5). The renewal form must meet the requirements specified in section 18-12-205 (1) for an application.
(b) If the sheriff is not the same sheriff who issued the permit to the permittee:
(I) The permittee shall submit to the renewing sheriff, in addition to the materials described in paragraph (a) of this subsection (1), a legible photocopy of the permit; and
(II) The renewing sheriff shall contact the office of the sheriff who issued the permit and confirm that the issuing sheriff has not revoked or suspended the permit.
(c) The sheriff shall verify pursuant to section 18-12-205 (4) that the permittee meets the criteria specified in section 18-12-203 (1)(a) to (1)(g) and is not a danger as described in section 18-12-203 (2) and shall either renew or deny the renewal of the permit in accordance with the provisions of section 18-12-206 (1). If the sheriff denies renewal of a permit, the permittee may seek a second review of the renewal application by the sheriff and may submit additional information for the record. The permittee may also seek judicial review as provided in section 18-12-207.

(2) A permittee who fails to file a renewal form on or before the permit expiration date may renew the permit by paying a late fee of fifteen dollars in addition to the renewal fee established pursuant to subsection (1) of this section. No permit shall be renewed six months or more after its expiration date, and the permit shall be deemed to have permanently expired. A person whose permit has permanently expired may reapply for a permit, but the person shall submit an application for a permit and the fee required pursuant to section 18-12-205. A person who knowingly and intentionally files false or misleading information or deliberately omits material information required under this section is subject to criminal prosecution for perjury under section 18-8-503.

(3) [Editor’s note: Subsection (3) is effective July 1, 2025.] A permittee seeking renewal pursuant to this section may demonstrate competence with a handgun by submitting:
(a) Evidence of demonstrating competence with firearms through participation in organized shooting competitions, current military service, or current certification as a peace officer pursuant to article 2.5 of title 16;
(b) Evidence that, at the time the application is submitted, the applicant is a verified instructor;
(c) Proof of honorable discharge from a branch of the United States armed forces that reflects pistol qualifications obtained within the ten years preceding submittal of the renewal form;
(d) A certificate showing retirement from a Colorado law enforcement agency that reflects pistol qualifications obtained within the ten years preceding submittal of the renewal form; or
(e) A training certificate that includes the original signature of the class instructor from a concealed handgun training class or a refresher class, described in section 18-12-202.5, obtained within six months prior to submitting a renewal form.

18-12-212. Exemption.

(1) This part 2 shall not apply to law enforcement officers employed by jurisdictions outside this state, so long as the foreign employing jurisdiction exempts peace officers employed by jurisdictions within Colorado from any concealed handgun or concealed weapons laws in effect in the foreign employing jurisdiction.

(2) Notwithstanding any provision of this part 2 to the contrary, a retired peace officer, level I or Ia, as defined in section 18-1-901 (3)(l)(I) and (3)(l)(II), as said section existed prior to its repeal in 2003, within the first five years after retirement may obtain a permit by submitting to the sheriff of the jurisdiction in which the retired peace officer resides a letter signed by the sheriff or chief of police of the jurisdiction by which the peace officer was employed immediately prior to retirement attesting that the retired officer meets the criteria specified in section 18-12-203 (1). A retired peace officer who submits a letter pursuant to this subsection (2) is not subject to the fingerprint or criminal history check requirements specified in this part 2 and is not required to pay the permit application fee. Upon receipt of a letter submitted pursuant to this subsection (2), the sheriff shall issue the permit. A permit issued pursuant to this subsection (2) may not be renewed. Upon expiration of the permit, the permittee may apply for a new permit as provided in this part 2.

18-12-213. Reciprocity.

(1) A permit to carry a concealed handgun or a concealed weapon that is issued by a state that recognizes the validity of permits issued pursuant to this part 2 shall be valid in this state in all respects as a permit issued pursuant to this part 2 if the permit is issued to a person who is:
(a) Twenty-one years of age or older; and
(b)
(I) A resident of the state that issued the permit, as demonstrated by the address stated on a valid picture identification that is issued by the state that issued the permit and is carried by the permit holder; or
(II) A resident of Colorado for no more than ninety days, as determined by the date of issuance on a valid picture identification issued by Colorado and carried by the permit holder.

(2) For purposes of this section, a ”valid picture identification“ means a driver’s license or a state identification issued in lieu of a driver’s license.

18-12-214. Authority granted by permit - carrying restrictions - local authority.

(1)
(a) A permit to carry a concealed handgun authorizes the permittee to carry a concealed handgun in all areas of the state, except as specifically limited in this section. A permit does not authorize the permittee to use a handgun in a manner that would violate a provision of state law.
(b) A peace officer may temporarily disarm a permittee, incident to a lawful stop of the permittee. The peace officer shall return the handgun to the permittee prior to discharging the permittee from the scene.
(c)
(I) A local government, including a special district, or the governing board of an institution of higher education, including the board of directors of the Auraria higher education center, may enact an ordinance, resolution, rule, or other regulation that prohibits a permittee from carrying a concealed handgun in a building or specific area within the local government’s or governing board’s jurisdiction, or for a special district, in a building or specific area under the direct control or management of the district, including a building or facility managed pursuant to an agreement between the district and a contractor. An ordinance, resolution, or other regulation prohibiting a permittee from carrying a concealed handgun may only impose a civil penalty for a violation and require the person to leave the premises. For a first offense, the ordinance, resolution, or other regulation may not impose a fine that exceeds fifty dollars and may not impose a sentence of incarceration. A person who does not leave the premises when required may be subject to criminal penalties.
(II) If a local government or governing board prohibits carrying a concealed handgun in a building or specific area, the local government or governing board shall post signs at the public entrances to the building or specific area informing persons that carrying a concealed handgun is prohibited in the building or specific area. The notice required by this section may be included on a sign describing open carry restrictions posted in accordance with section 29-11.7-104.

(2) A permit issued pursuant to this part 2 does not authorize a person to carry a concealed handgun into a place where the carrying of firearms is prohibited by federal law.

(2.5) A permit issued pursuant to this part 2 does not authorize a person to carry a concealed handgun into a place where the carrying of concealed handguns is prohibited by a local ordinance, resolution, rule, or other regulation.

(3) A permit issued pursuant to this part 2 does not authorize a person to carry a concealed handgun onto the real property, or into any improvements erected thereon, of a public elementary, middle, junior high, or high school; except that:
(a) A permittee may have a handgun on the real property of the public school so long as the handgun remains in the permittee’s vehicle and, if the permittee leaves the vehicle unattended, the permittee stores the firearm pursuant to section 18-12-114.5;
(b) A permittee who is employed or retained by contract by a school district or charter school as a school security officer may carry a concealed handgun onto the real property, or into any improvement erected thereon, of a public elementary, middle, junior high, or high school while the permittee is on duty;
(c) A permittee may carry a concealed handgun on undeveloped real property owned by a school district that is used for hunting or other shooting sports.

(3.5) A permit issued pursuant to this part 2 does not authorize a person to carry a concealed handgun:
(a) Onto the real property, or into any improvements erected thereon, of a licensed child care center, as defined in section 18-12-105.5, or a public or private college, university, or seminary in violation of section 18-12-105.5;
(b) In a government building in violation of section 18-12-105.3; or
(c) At a polling location, drop box, or central count facility, in violation of section 1-13-724.

(4) A permit issued pursuant to this part 2 does not authorize a person to carry a concealed handgun into a public building at which:
(a) Security personnel and electronic weapons screening devices are permanently in place at each entrance to the building;
(b) Security personnel electronically screen each person who enters the building to determine whether the person is carrying a weapon of any kind; and
(c) Security personnel require each person who is carrying a weapon of any kind to leave the weapon in possession of security personnel while the person is in the building.

(5) Nothing in this part 2 shall be construed to limit, restrict, or prohibit in any manner the existing rights of a private property owner, private tenant, private employer, or private business entity.

(6) The provisions of this section apply to temporary emergency permits issued pursuant to section 18-12-209.

18-12-215. Immunity.

(1) The bureau and a local law enforcement agency and an individual employed by the bureau or a local law enforcement agency shall not be liable for any damages that may result from good faith compliance with the provisions of this part 2.

(2) [Editor’s note: This version of subsection (1) is effective until July 1, 2025.] A law enforcement officer or agency, medical personnel, and an organization that offers handgun training classes and its personnel who in good faith provide information regarding an applicant shall not be liable for any damages that may result from issuance or denial of a permit.

(2) [Editor’s note: This version of subsection (1) is effective July 1, 2025.] A law enforcement officer or agency, medical personnel, and an organization that offers concealed handgun training classes or refresher classes and its personnel who in good faith provide information regarding an applicant are not liable for any damages that may result from issuance or denial of a permit.

18-12-216. Permits issued prior to May 17, 2003. (Repealed)

Large-Capacity Amunition Magazines (their words, not ours)

18-12-301. Definitions.

As used in this part 3, unless the context otherwise requires:
(1) ”Bureau“ means the Colorado bureau of investigation created and existing pursuant to section 24-33.5-401, C.R.S.

(2)
(a) ”Large-capacity magazine“ means:
(I) A fixed or detachable magazine, box, drum, feed strip, or similar device capable of accepting, or that is designed to be readily converted to accept, more than fifteen rounds of ammunition;
(II) A fixed, tubular shotgun magazine that holds more than twenty-eight inches of shotgun shells, including any extension device that is attached to the magazine and holds additional shotgun shells; or
(III) A nontubular, detachable magazine, box, drum, feed strip, or similar device that is capable of accepting more than eight shotgun shells when combined with a fixed magazine.
(b) ”Large-capacity magazine“ does not mean:
(I) A feeding device that has been permanently altered so that it cannot accommodate more than fifteen rounds of ammunition;
(II) An attached tubular device designed to accept, and capable of operating only with, .22 caliber rimfire ammunition; or
(III) A tubular magazine that is contained in a lever-action firearm.

18-12-302. Large-capacity magazines prohibited - penalties - exceptions.

(1)
(a) Except as otherwise provided in this section, on and after July 1, 2013, a person who sells, transfers, or possesses a large-capacity magazine commits a class 2 misdemeanor.
(b) Repealed.
(c) Any person who violates this subsection (1) commits a class 6 felony if the person possessed a large-capacity magazine during the commission of a felony or any crime of violence, as defined in section 18-1.3-406.

(2)
(a) A person may possess a large-capacity magazine if he or she:
(I) Owns the large-capacity magazine on July 1, 2013; and
(II) Maintains continuous possession of the large-capacity magazine.
(b) If a person who is alleged to have violated subsection (1) of this section asserts that he or she is permitted to legally possess a large-capacity magazine pursuant to paragraph (a) of this subsection (2), the prosecution has the burden of proof to refute the assertion.

(3) The offense described in subsection (1) of this section shall not apply to:
(a) An entity, or any employee thereof engaged in his or her employment duties, that manufactures large-capacity magazines within Colorado exclusively for transfer to, or any licensed gun dealer, as defined in section 18-12-506 (6), or any employee thereof engaged in his or her official employment duties, that sells large-capacity magazines exclusively to:
(I) A branch of the armed forces of the United States;
(II) A department, agency, or political subdivision of the state of Colorado, or of any other state, or of the United States government;
(III) A firearms retailer for the purpose of firearms sales conducted outside the state;
(IV) A foreign national government that has been approved for such transfers by the United States government; or
(V) An out-of-state transferee who may legally possess a large-capacity magazine; or
(b) An employee of any of the following agencies who bears a firearm in the course of his or her official duties:
(I) A branch of the armed forces of the United States; or
(II) A department, agency, or political subdivision of the state of Colorado, or of any other state, or of the United States government; or
(c) A person who possesses the magazine for the sole purpose of transporting the magazine to an out-of-state entity on behalf of a manufacturer of large-capacity magazines within Colorado.

18-12-303. Identification markings for large-capacity magazines - rules.

(1) A large-capacity magazine that is manufactured in Colorado on or after July 1, 2013, must include a permanent stamp or marking indicating that the large-capacity magazine was manufactured or assembled after July 1, 2013. The stamp or marking must be legibly and conspicuously engraved or cast upon the outer surface of the large-capacity magazine.

(2) The bureau may promulgate such rules as may be necessary for the implementation of this section, including but not limited to rules requiring a large-capacity magazine that is manufactured on or after July 1, 2013, to bear identifying information in addition to the identifying information described in subsection (1) of this section.

(3) A person who manufactures a large-capacity magazine in Colorado in violation of subsection (1) of this section commits a class 2 misdemeanor and shall be punished in accordance with section 18-1.3-501.

Firearms – Dealers

18-12-401. Definitions.

As used in this part 4, unless the context otherwise requires:
(1) “Dealer” means a federally licensed firearm dealer as defined in section 18-12-101 and any other federal firearms licensee who, within the scope of the licensee’s license, sells firearms at retail to the public.

(2) “Department” means the department of revenue created pursuant to section 24-35-101.

(3) “Destructive device” has the same meaning set forth in 18 U.S.C. sec. 921 (a)(4).

(4) “Engaged in the business” has the same meaning set forth in 18 U.S.C. sec. 921 (a)(21) and any federal regulations promulgated thereunder.

(5) “Federal firearms license” means a license to import, manufacture, or deal in firearms issued pursuant to 18 U.S.C. sec. 923.

(6) “State permit” means the state firearms dealer permit required pursuant to section 18-12-401.5.

18-12-401.5. Permit required - issuing agency - cash fund - inspections - penalty - report - rules - repeal.

(1)
(a) Beginning July 1, 2025, every dealer must obtain a state permit in order to engage in the business of dealing in firearms other than destructive devices in this state.
(b) A state permit issued pursuant to this section is not transferrable.
(c)
(I) A person who engages in the business of dealing in firearms other than destructive devices without a state permit is guilty of an unclassified felony and, upon conviction thereof, shall be punished by a fine of not more than two hundred fifty thousand dollars.
(II) An employee of a dealer shall not be charged for committing the offense described in this subsection (1)(c) for conduct committed while the employee was acting within the scope of the employee’s employment.
(d) A dealer who only deals in destructive devices is not required to obtain a state permit to engage in the business of dealing in destructive devices.

(2)
(a) The department shall issue state permits pursuant to this section.
(b)
(I) The department shall promulgate rules necessary for the implementation of this section, including establishing the process for applying for and obtaining a state permit. The department shall not promulgate rules that alter the eligibility criteria for obtaining a permit, but the department may collect any information it deems necessary to verify an applicant’s eligibility. The department may develop a simplified application for permit renewals.
(II)
(A) The department’s initial rules promulgated pursuant to this subsection (2)(b) must be effective no later than February 1, 2025.
(B) This subsection (2)(b)(II) is repealed, effective July 31, 2025.
(c)
(I) The fee for a state permit issued on or before June 30, 2026, is four hundred dollars. The department shall annually review the fee and, for permits issued on and after July 1, 2026, may annually adjust the fee based on the costs for administering this section. The department shall not adjust the fee more than once each year and shall not adjust the fee by more than twenty-five dollars each year.
(II) The department shall transmit the fees collected pursuant to this subsection (2)(c) to the state treasurer, who shall deposit the money in the firearm dealer permit cash fund, created in subsection (2)(d) of this section.
(d) The firearm dealer permit cash fund is created in the state treasury. The fund consists of money credited to the fund pursuant to subsection (2)(c) of this section and any other money that the general assembly may appropriate or transfer to the fund. The state treasurer shall credit all interest and income derived from the deposit and investment of money in the firearm dealer permit cash fund to the fund. Money in the fund is continuously appropriated to the department for the costs of issuing permits and conducting inspections pursuant to this section.

(3) In order to be issued a state permit, a dealer must:
(a) Hold a valid federal firearms license;
(b) Not have had a license or permit to sell, lease, transfer, purchase, or possess a firearm or ammunition from the federal government, any state, or a subdivision of any state, revoked, suspended, or denied for good cause within three years before submitting an application; and
(c) Not have been convicted for a violation of any provision of this article 12; any Colorado or any other state’s law concerning the possession, purchase, or sale of firearms; or any federal law concerning the possession or sale of firearms in the three years before submitting an application for a state permit.

(4)
(a) A person applying for a state permit pursuant to this section must complete an application as provided by department rule and pay the application fee established by the department.
(b) A person who has applied for a federal firearms license may apply for a state permit prior to being issued a federal firearms license. The department shall not issue a state permit to the person until the person holds a valid federal firearms license, as required pursuant to subsection (3)(a) of this section.
(c)
(I) The department shall act upon a state permit application made pursuant to this section no later than sixty days after the date the application is received; except that:
(A) For good cause, the department may extend the deadline to act for an additional sixty days; and
(B) If a person applies for a state permit while the person’s application for a federal firearms license is pending, and in addition to any other deadline described in this subsection (4), the department may extend the deadline to act until fourteen days after the person notifies the department that the person has been issued and holds a valid federal firearms license.
(II)
(A) A dealer who submits a sufficient application on or before May 2, 2025, may continue to engage in the business of dealing in firearms pursuant to state law until the department has acted upon the application. For the purposes of this subsection (4)(c)(II), an application is sufficient if it includes on its face information necessary to show that the applicant is eligible for a state permit.
(B) This subsection (4)(c)(II) is repealed, effective June 30, 2026.
(d) The department shall issue a state permit unless the applicant does not meet the eligibility requirements described in subsection (3) of this section or the applicant has made a false statement on the application.
(e) A state permit issued pursuant to this section is valid for three years.

(5)
(a) A dealer may apply for renewal of the dealer’s state permit at any time in the ninety days prior to the expiration of the permit. The department shall not accept a renewal application submitted after the expiration of the dealer’s permit.
(b) Ninety days prior to the expiration of a state permit, the department shall notify the dealer of the permit expiration date.
(c) A dealer who submits a timely and sufficient renewal application may continue to engage in the business of dealing in firearms pursuant to state law until the department has acted upon the renewal application. For the purposes of this subsection (5)(c), a renewal application is sufficient if it includes on its face information necessary to show that the applicant is eligible for state permit renewal.
(d) The department shall act upon a renewal application made pursuant to this subsection (5) no later than sixty days after the date the application is received.

(6)
(a) Subject to available appropriations, the department shall conduct an on-site inspection of a random selection of ten percent of state permit holders each year, including inspecting a selected permit holder’s place of business, to ensure that the permit holder is complying with the requirements to hold a state permit.
(b) In addition to the inspections required in subsection (6)(a) of this section, the department may conduct periodic unannounced inspections of a dealer and the dealer’s place of business during the dealer’s regular business hours to ensure that the dealer is complying with the requirements to hold a state permit.

(7)
(a) Except as provided in subsection (8) of this section, if the department finds that a dealer failed to post the required notice or make a report concerning unlawful purchases in violation of section 18-12-111; failed to make a record required pursuant to section 18-12-402; transferred a firearm without a locking device or failed to post the required notice concerning locking devices, in violation of section 18-12-405; failed to comply with any of the requirements of section 18-12-406; violated any other provision of this article 12 or any other state or local law concerning the sale of firearms; or violated any federal law or rule concerning the sale of firearms or firearm components for which the penalty includes potential revocation of the person’s federal firearms license, the department shall:
(I) For a first offense, issue a warning to the dealer that includes a description of the offense and the possible penalties for subsequent offenses; and
(II) For a second or subsequent offense:
(A) Issue a warning to the dealer that includes a description of the offense and the penalty for subsequent offenses;
(B) Suspend the dealer’s state permit for a period of time determined by the department; or
(C) Revoke the dealer’s state permit.
(b) A dealer who has had a state permit revoked pursuant to this subsection (7) may apply for a new permit no sooner than three years after the revocation.

(8)
(a) Notwithstanding subsection (7) of this section, the department shall revoke a state permit if the state permit holder:
(I) No longer holds a valid federal firearms license;
(II) Refuses to allow the department to conduct an on-site inspection pursuant to subsection (6) of this section;
(III) Refuses to permit an officer to inspect a record as required in section 18-12-402; or
(IV) Is convicted of any of the following:
(A) Purchasing or otherwise obtaining a firearm on behalf of, or for transfer to, a person who is ineligible to possess a firearm pursuant to section 18-12-111 or 18 U.S.C. sec. 932;
(B) Transferring a firearm prior to receiving the results of a background check pursuant to section 18-12-112.5;
(C) Trafficking in firearms pursuant to 18 U.S.C. sec. 933, or aiding and abetting trafficking in firearms;
(D) Selling or otherwise transferring a firearm to a person who is ineligible to possess the firearm pursuant to state or federal law; or
(E) Selling or otherwise transferring a firearm component or accessory, as defined in section 29-11.7-101.5, to another person in violation of federal, state, or local law.
(b)
(I) A person whose state permit is revoked solely because the person no longer holds a valid federal firearms license, pursuant to subsection (8)(a)(I) of this section, may apply for a new state permit any time after the person obtains a valid federal firearms license.
(II) A person whose state permit is revoked pursuant to subsections (8)(a)(II) to (8)(a)(IV) of this section may apply for a new permit no sooner than three years after the revocation.

(9) If the department revokes a dealer’s state permit, the department must notify the United States bureau of alcohol, tobacco, firearms, and explosives of the revocation and the reason for the revocation.

(10) The denial or revocation of a state permit pursuant to this section is subject to the requirements described in sections 24-4-104 and 24-4-105, and judicial review pursuant to section 24-4-106.

(11) A person who is a former state permit holder, including a person whose state permit was revoked or whose state permit renewal was denied, is subject to the prohibition on engaging in the business of dealing firearms without a state permit described in subsection (1)(c) of this section. A person who is a former state permit holder who wishes to dispose of inventory shall dispose of inventory in a manner that does not constitute being engaged in the business of dealing in firearms.

(12)
(a) No later than August 1, 2026, and no later than August 1 of each year thereafter, the department shall submit a report to the joint budget committee about firearm dealer permitting in the prior state fiscal year. The report must include, at a minimum, the number of permit applications received, granted, and denied; the number of permits revoked and the basis for the revocation; the number of dealer inspections conducted; the amount of fee money collected and deposited into the firearm dealer permit cash fund and the amount of money spent from the fund; and the total amounts spent on permitting costs and inspection costs. The next report made following an increase in the permit fee pursuant to subsection (2)(c)(I) of this section must include an explanation of the fee increase. The report may include information about the race, gender, and geographic location of persons who applied for a permit, including whether the application was granted or denied, and persons whose permits were revoked.
(b) Notwithstanding section 24-1-136 (11)(a)(I), the requirement to submit the report described in this subsection (12) continues indefinitely.

18-12-402. Retail dealers - record - inspection.

Every individual, firm, or corporation engaged, within this state, in the retail sale, rental, or exchange of firearms, pistols, or revolvers shall keep a record of each pistol or revolver sold, rented, or exchanged at retail. The record must be made at the time of the transaction in a book kept for that purpose and must include the name of the person to whom the pistol or revolver is sold or rented or with whom exchanged; his or her age, occupation, residence, and, if residing in a city, the street and number therein where he or she resides; the make, caliber, and finish of said pistol or revolver, together with its number and serial letter, if any; the date of the sale, rental, or exchange of said pistol or revolver; and the name of the employee or other person making such sale, rental, or exchange. The record book shall be open at all times to the inspection of any duly authorized police officer.

18-12-403. Record - failure to make - penalty.

Every individual, firm, or corporation who fails to keep the record required pursuant to section 18-12-402 or section 18-12-111.5 (7)(b), or who refuses to exhibit the record when requested by a police officer, and any purchaser, lessee, or exchanger of a pistol or revolver who, in connection with the making of such record, gives false information, commits a class 2 misdemeanor.

18-12-404. Jurisdiction - county courts.

County courts, within their respective counties, have jurisdiction to hear and determine all cases arising under the provisions of this part 4, and appeal from judgment is to the district courts in the respective counties in the same manner as is now provided by law for appeals from judgments of the county courts in the cases of misdemeanors.

18-12-405. Locking device required - penalty.

(1)
(a) Every licensed gun dealer, as defined in section 18-12-506, shall provide with each firearm sold or otherwise transferred a locking device capable of securing the firearm.
(b) This subsection (1) does not apply to the transfer of an antique firearm, as defined in 18 U.S.C. sec. 921 (a)(16), as amended, or a curio or relic, as defined in 27 CFR 478.11, as amended.

(2) Every licensed gun dealer shall post, in a conspicuous location on its premises and at any other location at which the dealer sells a firearm, either the notice developed as part of the firearms safe storage education campaign described in section 25-1-131 (2) or the following notice, in writing, on a printed card, with each letter at a minimum of one inch in height:
NOTICE

Unlawful storage of a firearm on premises you own or control may result in imprisonment or fine. Unlawful storage of a firearm in a vehicle may result in a fine.

(3) A licensed gun dealer that violates this section is guilty of an unclassified misdemeanor punishable by a fine of not more than five hundred dollars.

18-12-406. Requirements for firearms dealers - training - securing firearms - sale outside of business hours prohibited - rules - penalty.

(1)
(a) [Editor’s note: This section is effective July 1, 2025.]  The department shall develop training or approve training courses provided by other entities for dealers and dealers’ employees. The training must be available in an online format and include an examination with at least twenty questions derived from the course material and intended to confirm that a course participant understands the information covered in the course. The department, or other trainer conducting the training, shall give a participant who answers at least seventy percent of the examination questions correctly a printable certificate of completion that is valid for one year after the date of completion. The training must include instruction regarding the following:
(I) Federal and state laws governing the sale and transfer of firearms and ammunition;
(II) Recognizing and identifying straw purchasers and fraudulent activity;
(III) Indicators that a person is attempting to purchase a firearm illegally;
(IV) Recognizing and identifying indicators that an individual intends to use a firearm for unlawful purposes;
(V) Recognizing and identifying indicators that an individual intends to use a firearm for self-harm;
(VI) Preventing theft or burglary of firearms and ammunition;
(VII) Responding to circumstances described in subsections (1)(a)(I) to (1)(a)(VI) of this section, and any applicable reporting requirements;
(VIII) Effectively teaching consumers rules of firearm safety, including the safe handling and storage of firearms; and
(IX) Any other reasonable business practices that the department determines will deter firearm trafficking or the unlawful use of firearms.
(b) A dealer shall, within thirty days after the date the permit is issued and annually thereafter, complete a training course developed or approved by the department pursuant to this subsection (1).
(c)
(I) An employee of a dealer who, in the course of the employee’s duties, handles firearms; processes the sale, loan, or transfer of firearms; or otherwise has access to firearms shall, within thirty days after the employee’s first day of work for the dealer and annually thereafter, complete a training course developed or approved by the department pursuant to this subsection (1). An employee who, in the course of the employee’s duties, handles firearms; processes the sale, loan, or transfer of firearms; or otherwise has access to firearms, who is employed by a dealer on July 1, 2025, shall complete the employee’s first training course no later than thirty days after July 1, 2025.
(II) A dealer shall maintain the training records of each employee and shall make the records available to the department during an on-site inspection of the dealer’s place of business.

(2) A dealer shall not conduct business or store firearms at the dealer’s place of business unless the dealer secures each firearm, except when the firearm is being shown to a customer, repaired, or otherwise worked on, in a manner that prevents unauthorized use of the firearm. Securing a firearm may include keeping the firearm in a locked container, including a locked display case; properly installing a locking device on the firearm; or, if the firearm is a personalized firearm, activating the safety characteristics of the firearm.

(3) A dealer shall not sell or transfer a firearm:
(a) Outside of the dealer’s posted business hours; except that a dealer may sell or transfer a firearm at a gun show, as defined in section 18-12-506, outside of the dealer’s posted business hours; or
(b) To a person the dealer knows or suspects is under the influence of intoxicating liquor or of a controlled substance, as defined in section 18-18-102 (5).

(4) If a dealer knows or suspects that an employee of the dealer is involved in the theft of a firearm from the dealer’s business, the dealer shall report the theft within forty-eight hours after learning of the theft to a law enforcement agency with jurisdiction over the dealer’s place of business.

(5) The department may promulgate rules necessary to implement this section.

(6) A violation of any provision of this section by a dealer is a violation of state law concerning the sale of firearms and is subject to the penalties described in section 18-12-401.5 (7).

18-12-407. Dealer employee requirements - background check - penalty - repeal.

(1) [Editor’s note: This section is effective July 1, 2025.] A dealer shall not employ a person who, in the course of the person’s duties, handles firearms, processes the sale, loan, or transfer of firearms, or otherwise has access to firearms, who:
(a) Has been convicted of an offense that prohibits the person from possessing a weapon pursuant to section 18-12-108;
(b) Has been convicted of a misdemeanor offense described in section 24-33.5-424 (3)(b.3) within five years before the date of the person’s employment application; or
(c) Is prohibited from possessing a firearm pursuant to 18 U.S.C. sec. 922 (g).

(2) In order to determine whether the dealer may employ a person consistent with this section, the dealer shall require a prospective employee to submit to a criminal history record check as described in subsection (3) of this section. A dealer shall only accept the results of a criminal history record check completed within seven days before the employee’s first day of work.

(3)
(a) Before a person begins work for the dealer in a position in which the person will handle firearms; process the sale, loan, or transfer of firearms; or otherwise have access to firearms, the person shall submit to a fingerprint-based criminal history record check. The person shall pay the costs associated with the fingerprint-based criminal history record check.
(b) The person shall have the person’s fingerprints taken by a local law enforcement agency or any third party approved by the Colorado bureau of investigation for the purpose of obtaining a fingerprint-based criminal history record check. The person shall authorize the entity taking the person’s fingerprints to submit, and the entity shall submit, the complete set of the person’s fingerprints to the Colorado bureau of investigation for the purpose of conducting a fingerprint-based criminal history record check.
(c) If an approved third party takes the person’s fingerprints, the fingerprints may be electronically captured using Colorado bureau of investigation-approved livescan equipment. Third-party vendors shall not keep the person’s information for more than thirty days.
(d) The Colorado bureau of investigation shall use the person’s fingerprints to conduct a criminal history record check using the bureau’s records. The Colorado bureau of investigation shall also forward the fingerprints to the federal bureau of investigation for the purpose of conducting a fingerprint-based criminal history record check. The Colorado bureau of investigation, the person, the department, and the entity taking fingerprints shall comply with the federal bureau of investigation’s requirements to conduct a criminal history record check.
(e) The Colorado bureau of investigation shall return the results of its criminal history record check to the department, and the department is authorized to receive the results of the federal bureau of investigation’s criminal history record check. The department shall use the information resulting from the criminal history record checks to investigate and determine whether a person is qualified for employment pursuant to this section.
(f) When the federal bureau of investigation is unable to complete a fingerprint-based criminal history record check of a person, the Colorado bureau of investigation shall inform the department, and the department may conduct a name-based criminal history record check of the person using Colorado bureau of investigation’s records as a substitute for the fingerprint-based criminal history record check required in this section.
(g) When the results of a criminal history record check of a person performed pursuant to this subsection (3) reveal a record of arrest without a disposition, the department shall require the person to submit to a name-based judicial record check, as defined in section 22-2-119.3 (6)(d).
(h) An employee of a dealer shall submit to a fingerprint-based criminal history record check once every three years in the manner described in this subsection (3).

(4) A dealer shall maintain a copy of the notice from the department following each background check conducted pursuant to subsection (3) of this section indicating that a person is qualified for employment. The dealer shall maintain a copy of the notice for the duration of the person’s employment and shall make the notice available to the department during an on-site inspection of the dealer’s place of business.

(5)
(a) Notwithstanding the requirement in subsection (1) of this section, a person employed by a dealer on July 1, 2025, who submits fingerprints for a background check pursuant to subsection (3) of this section before July 8, 2025, may continue employment without the results of a background check until the department determines whether the employee is qualified for employment pursuant to this section following the background check.
(b) This subsection (5) is repealed, effective December 31, 2025.

(6) If a dealer knowingly employs a person in violation of this section, the department shall:
(a) For a first offense, issue a warning to the dealer that includes a description of the offense and the penalty for subsequent offenses; and
(b) For a second or subsequent offense, revoke the dealer’s state permit. A dealer who has had a state permit revoked pursuant to this subsection (6)(b) may apply for a new permit no sooner than three years after the revocation.

Background Checks – Gun Shows

18-12-501. Background checks at gun shows - penalty.

(1) Before a gun show vendor transfers or attempts to transfer a firearm at a gun show, he or she shall:
(a) Require that a background check, in accordance with section 24-33.5-424, be conducted of the prospective transferee; and
(b) Obtain approval of a transfer from the Colorado bureau of investigation after a background check has been requested by a licensed gun dealer, in accordance with section 24-33.5-424.

(2) A gun show promoter shall arrange for the services of one or more licensed gun dealers on the premises of the gun show to obtain the background checks required by this part 5.

(3) If any part of a firearm transaction takes place at a gun show, no firearm shall be transferred unless a background check has been obtained by a licensed gun dealer.

(4) Any person violating the provisions of this section commits a class 1 misdemeanor and shall be punished as provided in section 18-1.3-501.

18-12-502. Records - penalty.

(1) A licensed gun dealer who obtains a background check on a prospective transferee shall record the transfer, as provided in section 18-12-402, and retain the records, as provided in section 18-12-403, in the same manner as when conducting a sale, rental, or exchange at retail.

(2) Any individual who knowingly gives false information in connection with the making of such records commits a class 1 misdemeanor and shall be punished as provided in section 18-1.3-501.

18-12-503. Fees imposed by licensed gun dealers.

For each background check conducted at a gun show, a licensed gun dealer may charge a fee not to exceed ten dollars.

18-12-504. Posted notice - penalty.

(1) A gun show promoter shall post prominently a notice, in a form to be prescribed by the executive director of the department of public safety or his or her designee, setting forth the requirement for a background check as provided in this part 5.

(2) Any person violating the provisions of this section commits a class 2 misdemeanor and shall be punished as provided in section 18-1.3-501.

18-12-505. Exemption.

The provisions of this part 5 shall not apply to the transfer of an antique firearm, as defined in 18 U.S.C. sec. 921(a)(16), as amended, or a curio or relic, as defined in 27 CFR sec. 178.11, as amended.

18-12-506. Definitions.

As used in this part 5, unless the context otherwise requires:
(1) ”Collection“ means a trade, barter, or in-kind exchange for one or more firearms.

(2) ”Firearm“ means any handgun, automatic, revolver, pistol, rifle, shotgun, or other instrument or device capable or intended to be capable of discharging bullets, cartridges, or other explosive charges.

(3) ”Gun show“ means the entire premises provided for an event or function, including but not limited to parking areas for the event or function, that is sponsored to facilitate, in whole or in part, the purchase, sale, offer for sale, or collection of firearms at which:
(a) Twenty-five or more firearms are offered or exhibited for sale, transfer, or exchange; or
(b) Not less than three gun show vendors exhibit, sell, offer for sale, transfer, or exchange firearms.

(4) ”Gun show promoter“ means a person who organizes or operates a gun show.

(5) ”Gun show vendor“ means any person who exhibits, sells, offers for sale, transfers, or exchanges, any firearm at a gun show, regardless of whether the person arranges with a gun show promoter for a fixed location from which to exhibit, sell, offer for sale, transfer, or exchange any firearm.

(6) ”Licensed gun dealer“ means any person who is a licensed importer, licensed manufacturer, or dealer licensed pursuant to 18 U.S.C. sec. 923, as amended, as a federally licensed firearms dealer.

18-12-507. Appropriation.

The general assembly shall appropriate funds necessary to implement this part 5.

18-12-508. Effective date.

This part 5 shall take effect March 31, 2001.

City of San Francisco

Main: (255) 352-6258
Clerk: (255) 352-6259
Fire Department: (255) 352-6260

City Hall

1234 Divi St. #1000, San Francisco, CA 94220
8am – 5pm daily