Three places you can NOT have firearms in Colorado are:
- Schools,
- Government buildings, and
- Anywhere while intoxicated.
As a criminal defense attorney, I have seen too many responsible gun owners face serious charges simply because they did not know Colorado firearm laws. A simple mistake, like walking into the wrong building with your firearm, can lead to fines, jail time, and even the loss of your right to own a gun.
In this article I go into more detail about gun-free zones in Colorado as well as how to fight gun possession charges.
1) Schools
Colorado prohibits knowingly carrying a deadly weapon onto the property of any public or private school, which includes everything from child care facilities and elementary schools to universities and seminaries. This ban applies to the entire campus, including all buildings, grounds, and parking lots.
However, you can possess a firearm within a private vehicle on school property if it is for a lawful purpose and stored in a locked container, or the ammunition is separate from the firearm. If you have a current and valid concealed handgun permit (CHP), you can keep the handgun in your vehicle without these specific storage requirements.
Predictably, this gun ban does not apply to peace officers or to people participating in school-approved programs or activities that involve firearms, such as a shooting club or historical demonstration.
Penalties
Possessing guns on school property is a class 6 felony, carrying:
- 12 to 18 months in Colorado State Prison and/or
- $1,000 to $100,000 in fines.
Plus, you lose your right to own firearms, though it may be possible to restore your rights through a Governor’s Pardon.1
Students found with guns in schools face suspension and possibly expulsion.
2. Government Buildings
Any public building that has security guards and metal detectors at the entrance is generally off-limits for firearms – even if you have a CHP. The most common examples of these government buildings are:
- local, state, and federal courthouses and
- the Colorado State Capitol building.
Penalties
Bringing a gun into one of these secure public buildings is typically a class 1 misdemeanor in Colorado. A conviction carries:
- up to 364 days in county jail and
- up to $1,000 in fines.2
It may be possible to carry guns in public buildings without security guards and metal detectors at the entrances.
3. Anywhere While Intoxicated
In Colorado, it is unlawful to possess a firearm while you are under the influence of alcohol or controlled substances. This is why it is best to leave your firearm secured and locked at home if you plan on drinking.
Penalties
Possessing a firearm while intoxicated by drugs or alcohol is a class 1 misdemeanor in Colorado, The sentence is:
- up to 364 days in county jail and
- up to $1,000 in fines.3
You can carry a gun while drinking as long as you are not impaired.
Fighting the Charges
Here at Colorado Legal Defense Group, I have defended literally thousands of people charged with gun-related crimes, including carrying in a prohibited location. In my experience, the following four defenses have proven very effective at getting these charges reduced or dismissed.
- Lack of Knowledge: The D.A. may be persuaded to drop your case if you genuinely did not know you were entering a prohibited space. For example, was the “secure area” of a public building clearly marked? Was the signage adequate?
- You Are a Permit Holder: In cases involving local government buildings without security or metal detectors, a potential defense is that you were a valid CHP holder and were carrying concealed.
- The “Vehicle” Exception: For a charge on school grounds, we immediately look to see if the firearm was secured inside your vehicle according to the law. This should be a complete defense to the charge.
- Unlawful Search and Seizure: How did the police find the firearm? If law enforcement violated your Fourth Amendment rights by conducting an unlawful search, we would file a motion to suppress the evidence. If the judge grants the motion, the D.A. may be forced to drop your case for lack of proof.
Additional Resources
For more information, refer to these recent news articles:
- The 12 gun bills passed by the Colorado legislature this year and signed into law – The Colorado Sun.
- Colorado now has one of the most restrictive gun laws in the country – CBS News.
- Colorado wants to hire lawyers to prosecute gun crimes in federal court, some of which are no longer illegal under state law – The Colorado Sun.
- Gun rights advocates have lost Colorado’s elections — but they may win the legal war – CPR News.
- Colorado’s grade on gun control improves to A minus, says Giffords center – Colorado Politics.
Legal References
- CRS 18-12-105.5. People v. Procasky (Colo.App. 2019) 467 P.3d 1252. People v. Eastwood (Colo.App. 2015) 363 P.3d 799.
- CRS 18-12-105. People ex. rel. A.H.H. (Colo. App. 2024) No. 23CA0788.
- CRS 18-12-106.
