Gun laws in Colorado
|Subject/Law||Long guns||Handguns||Relevant Statutes||Notes|
|State Permit to Purchase?||No||No|
|"Assault weapon" law?||Partial||Partial||DRMC § 38-130||No except in the City and County of Denver|
|Magazine Capacity Restriction?||Yes||Yes||CRS §§ 18-12-302, 18-12-303 (HB 13-1224)||After July 1, 2013, magazines holding more than 15 rounds may not be sold or transferred within the state.|
|Owner license required?||No||No|
|Concealed Carry permits issued?||Yes||Yes||CRS § 18-12||Colorado is a "shall issue" state for concealed carry.|
|Open carry?||Partial||Partial||CRS § 18-12;
DRMC §§ 38-117(b), 38-118
|Legal without permit requirements except in the City and County of Denver.|
|Concealed within a vehicle?||Yes||Yes||CRS §§ 18-12, 33-6-125;
DRMC §§ 38-117(f), 38-118, 14-92
|Without a round chambered (applies to rifles/shotguns, not pistols).|
|State Preemption of local restrictions?||Yes||Yes||CRS § 18-12||Local ordinances are preempted by state law, but Denver bans assault weapons, Saturday night specials, and open carry.|
|NFA weapons restricted?||No||No|
|Peaceable Journey laws?||Yes||Yes||CRS § 18-12-105.6; DRMC §§ 38-117(f), 38-118||Denver's restrictions on transport/possession of firearms in vehicles do not apply to persons traveling to or from other jurisdictions; see Trinen v. City & County of Denver, 53 P.3d 754|
|Castle Doctrine?||Yes||Yes||A legal resident of a property has the right to use deadly force to defend themselves, other occupants, and property from armed or unarmed intruders.|
|Stand Your Ground Law?||Yes||Yes||A person does not have to attempt to retreat from any place where they have a legal right to be before they may defend themselves or others with deadly force.|
Colorado is a "shall-issue" state for concealed carry. Permits are issued by the county sheriff, and are valid for five years. Applicants must demonstrate competence with a handgun, either by passing a training class or by other means. The Concealed Carry Act allows a person with a permit to carry a concealed weapon "in all areas of the state" with the exception of some federal properties, K-12 schools, and buildings with fixed security checkpoints such as courthouses, and also disallows a local government from enforcing an ordinance or resolution that conflicts with the law. In March 2012, the Colorado Supreme Court struck down the University of Colorado's campus gun ban, saying it violated the Concealed Carry Act.
Open carry, as well as possession of a handgun either openly displayed or concealed in an automobile, is generally permitted without a license. However, local governments may prohibit open carry to a limited extent only in areas that are directly under the jurisdiction of the municipality such as municipal buildings, police stations, etc. If such an ordinance is written all locations affected must be posted per C.R.S 29-11.7-104. The exception is the city and county of Denver has done so in a broad sense banning open carry in all areas of the city and county. When a rifle or shotgun is transported in a vehicle, there may not be a round in the chamber.
Effective July 1, 2013, Colorado will require background checks for all firearm sales. Magazines that are capable of accepting more than 15 rounds or are readily convertible to accept more than 15 rounds cannot be sold or transferred within state limits. Denver law bans assault weapons and Saturday night specials.
Gun control lawsuit
A lawsuit over the legality of the magazine ban and background check laws has been filed by 54 of the 62 elected county Sheriffs and 21 sporting and outdoor groups and Colorado companies. The suit alleges that the laws violate the Second and Fourteenth amendments, and state that the laws would be impossible to enforce.
Colorado has state preemption of local firearm laws, except for certain ordinances enacted by the City and County of Denver.
Denver law bans assault weapons Saturday night specials, and the open carry of firearms. In 2003, the Colorado General Assembly passed laws preempting these and several other pre-existing Denver laws, which Denver successfully challenged in Denver District Court in 2004. In 2006, the Colorado Supreme Court let stand the District Court order upholding the Denver laws.
- "State Gun Laws: Colorado", National Rifle Association – Institute for Legislative Action. Retrieved February 12, 2013.
- "Colorado State Law Summary", Law Center to Prevent Gun Violence. Retrieved February 12, 2013.
- "Colorado Gun Laws", Colorado State Patrol. Retrieved March 23, 2013.
- "Colorado Concealed Carry Permit Information", USA Carry. Retrieved March 23, 2013.
- Whaley, Monte (5 March 2012). "Colorado Supreme Court affirms that CU students with permits can carry concealed guns on campus". The Denver Post.
- "Regents of the University of Colorado v. Students for Concealed Carry on Campus". Colorado Supreme Court. 5 March 2012.
- "Colorado", OpenCarry.org. Retrieved March 23, 2013.
- Denver v. Colorado, 03 CV 3809, Order on Cross Motions for Summary Judgment, 5 November 2004
- "Guns in Vehicles in Colorado", Law Center to Prevent Gun Violence. Retrieved March 23, 2013.
- Bartels, Lynn and Lee, Kurtis (March 21, 2013). "Three New Gun Bills on the Books in Colorado Despite Its Wild West Image", Denver Post. Retrieved March 23, 2013.
- Denver Revised Municipal Code (DRMC) § 38-130
- DRMC § 38-122(b), 38-122(c)
- "Colorado sheriffs sue over new state gun restrictions". Fox News. Associated Press. May 18, 2013.
- 54 Sheriffs v. Hickenlooper, Complaint for Declaratory and Injunctive Relief
- "Majority of Colorado sheriffs file suit against new gun laws". NBC News. May 17, 2013.
- "Colorado sheriffs file federal lawsuit challenging gun bills". The Denver Post. May 18, 2013.
- DRMC §§ 38-117(b), 38-118
- Lindsay, Sue (6 June 2006). "Denver gun laws stand, but issue left unresolved". Rocky Mountain News.