A Guide to Colorado Gun Possession Laws in Denver, Colorado

Navigating the complexities of Colorado’s gun possession laws can be overwhelming, especially if you’re facing criminal charges. This guide aims to provide a detailed overview of the laws surrounding firearm possession in Colorado to help you understand your rights and legal options.

Introduction

Colorado has a unique set of laws governing the possession and use of firearms. While the state upholds the Second Amendment rights of its residents, there are specific regulations that restrict who can possess firearms and under what circumstances. Understanding these laws is crucial, especially if you’re under investigation or facing charges related to gun possession.

Legal Framework of Gun Possession in Colorado

Colorado’s gun laws are a combination of federal statutes and state-specific regulations. The primary state statutes governing firearm possession are found in Title 18 of the Colorado Revised Statutes. These laws outline the legal requirements for purchasing, carrying, and using firearms within the state. Colorado also enforces universal background checks, requiring them for both licensed dealer sales and private transfers of firearms.

Who Can Legally Possess a Firearm?

In Colorado, you can legally possess a firearm if you meet the following criteria:

  • Age Requirement: Must be at least 18 years old to possess a rifle or shotgun and 21 years old to possess a handgun.
  • Residency: Both residents and non-residents can possess firearms, but certain permits and regulations may vary.
  • Background Check: Must pass a universal background check when purchasing from either a licensed dealer or through a private sale.
  • No Prohibitions: Must not fall under any category that prohibits firearm possession under state or federal law.

Prohibited Persons and Situations

Certain individuals are prohibited from possessing firearms in Colorado:

  • Felons: Individuals convicted of a felony.
  • Domestic Violence Offenders: Those convicted of misdemeanor domestic violence offenses.
  • Restraining Orders: Individuals subject to certain restraining orders.
  • Drug Users: Unlawful users of controlled substances.
  • Mental Health: Persons adjudicated as mentally defective or committed to mental institutions.
  • Illegal Aliens: Non-U.S. citizens without legal status.

Federal law, including the Lautenberg Amendment, reinforces these restrictions, particularly for domestic violence convictions or certain restraining orders.

Concealed Carry Laws

Obtaining a Concealed Handgun Permit (CHP)

To legally carry a concealed handgun in Colorado, you must obtain a Concealed Handgun Permit (CHP):

  • Eligibility Criteria:
  • At least 21 years old.
  • Legal resident of Colorado.
  • No felony convictions.
  • Not subject to a protection order.
  • Must demonstrate competence with a handgun, which typically involves completing a certified handgun training course, military service, or being a certified instructor.
  • Application Process:
  • Submit an application to the sheriff in your county of residence.
  • Provide fingerprints and a photograph.
  • Undergo a background check.
  • Pay the required fees.

Reciprocity

Colorado recognizes CHPs from other states that honor Colorado’s permits. However, permit holders must comply with Colorado laws while in the state.

Open Carry Regulations

Colorado generally allows the open carrying of firearms without a permit, but there are important exceptions:

  • Prohibited Areas:
  • Denver County prohibits open carry within city limits. Despite Colorado’s preemption law, which typically prevents local governments from enacting their own firearm regulations, Denver successfully defended its stricter gun laws in court.
  • Schools, courthouses, and federal buildings.
  • Private property where the owner prohibits firearms.

Firearms in Vehicles

  • Handguns: Anyone (even without a CHP) can carry a loaded handgun in their private vehicle for self-defense.
  • Long Guns: Must be unloaded when transported in a vehicle, regardless of whether the person has a CHP.

Possession on School Grounds

Possessing a firearm on school grounds is illegal, with few exceptions:

  • Exceptions Include:
  • Firearms used for educational programs with school permission.
  • Security personnel authorized to carry weapons.

This prohibition extends beyond K-12 schools to colleges and universities with limited exceptions. Violations can result in serious felony charges.

Red Flag Laws (Extreme Risk Protection Orders)

Colorado enacted its Extreme Risk Protection Order (ERPO), commonly known as the “red flag” law, in 2020. This law allows family members, household members, or law enforcement to petition a court to temporarily remove firearms from individuals deemed to be a threat to themselves or others.

  • ERPO Process:
  • The petitioner must present evidence of the individual’s dangerous behavior to a court.
  • If the court grants the order, the individual must surrender their firearms for a set period.
  • The individual has the right to challenge the order.

Failure to comply with an ERPO can result in criminal charges, including additional penalties for illegal possession of firearms.

Penalties for Illegal Possession

Penalties vary depending on the circumstances of the offense:

  • Class 6 Felony:
  • Possession by a prohibited person.
  • Penalties: 12-18 months imprisonment and/or fines up to $100,000.
  • Class 5 Felony:
  • Possession on school grounds.
  • Penalties: 1-3 years imprisonment and/or fines up to $100,000.
  • Misdemeanor Offenses:
  • Unlawful carrying of a concealed weapon without a permit.
  • Penalties: Up to 364 days in jail and/or fines up to $1,000.

4 Possible Defenses Against Gun Possession Charges

Several defenses may apply if you’re facing gun possession charges:

  • Unaware of Possession: Arguing lack of knowledge about the firearm’s presence (for example, it was placed by someone else).
  • Temporary Possession: Holding the firearm momentarily to prevent imminent harm or danger.
  • Invalid Search and Seizure: If law enforcement obtained the firearm through an unlawful search or seizure, the evidence might be inadmissible in court.
  • Restored Rights: Defending on the grounds that your firearm rights were restored after a previous felony or domestic violence conviction.

Restoration of Firearm Rights

In certain circumstances, individuals who have lost their firearm rights due to a felony or domestic violence conviction may have their rights restored. This can be achieved through:

  • Governor’s Pardon:
  • A full pardon may restore firearm rights, but these are rarely granted and require significant documentation and evidence of rehabilitation.
  • Challenging a Conviction:
  • Certain convictions can be expunged or overturned, leading to the restoration of gun rights.

The process of restoring firearm rights is complex, and having legal representation is crucial to navigating the process effectively.

How We Can Help

Facing gun possession charges is serious, but you don’t have to navigate this alone. As experienced criminal defense attorneys in Denver, we can:

  • Provide Legal Representation: Defend your rights throughout the legal process.
  • Develop a Strong Defense Strategy: Tailor a defense based on the specifics of your case.
  • Negotiate with Prosecutors: Aim for reduced charges or alternative sentencing.
  • Guide You Through the Process: Explain each step and keep you informed about your case.

Conclusion

Understanding Colorado’s gun possession laws is crucial if you’re under investigation or facing charges. The legal landscape is complex, but with the right representation, you can navigate it effectively. If you need assistance, contact our office for a confidential consultation to discuss your case and explore your legal options.