Colorado’s definition of “firearm” under 18-1-901 C.R.S. is “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.”
Colorado open carry laws for firearms
Generally, the open carry of firearms in Colorado is allowed except in the following ten circumstances:
- The person is under eighteen-years-old (18), and the firearm is a handgun;
- The person is legally prohibited from having a firearm, such as a convicted felon;
- There is a restraining order forbidding the person from possessing firearms;
- The firearm qualifies as either a machine gun, short shotgun, or short rifle (people may own these weapons with a federal tax stamp from the ATF);
- The location of the carrying is on federal property (such as a post office, courthouse, airport, national park, or federally subsidized housing),
- The location is a car, and the person has a loaded firearm that is not a pistol or revolver,
- The location is a public transportation facility, and the firearm is loaded;
- The location is school grounds (secondary or university, public or private);
- The person is an out-of-state resident that has no gun-reciprocity with Colorado; or
- The person is on government property (such as a city park or a sheriff’s station) within the limits of Denver or another jurisdiction which forbids open carry under local “home rule” powers
Colorado concealed carry laws for firearms
People may carry concealed firearms in Colorado in either of the following circumstances:
- The person is in his/her own home, place of business, or property he/she owns that is under his/her control;
- The person is a private automobile or other private means of conveyance, and the person is carrying the weapon for the lawful protection of his/her or another person’s property while traveling;
- The person has a current and valid written permit to carry a concealed weapon, and he/she is not carrying it in a location where concealed carry is forbidden (like in a public school or courthouse);
- The person is a peace officer carrying a gun in conformance with department policy; or
- The person is an on-duty U.S. probation officer or pretrial services officer, and he/she is serving in Colorado under the authority of rules and regulations promulgated by the judicial conference of the United States
Colorado firearm penalties
The penalties for carrying a prohibited weapon under 8-12-106 C.R.S increase with each conviction. A first-time conviction is usually a class 1 misdemeanor, carrying:
- Up to 364 days in jail, and/or
- A fine of up to $1,000
A second-time conviction within five (5) years of another gun charge is a class 5 felony:
- One to three (1 – 3) years in Colorado State Prison with two (2) years mandatory parole, and/or
- A fine of $1,000 to $100,000
Meanwhile, first-time possession of a handgun by a child under 18 is charged as a misdemeanor. But successive offenses are felonies.
Furthermore, unlawful possession of a weapon by a previous offender (POWPO) is prosecuted a class 5 felony under 18-12-108 C.R.S. The sentence includes:
- One to three (1 – 3) years in Colorado State Prison with two (2) years mandatory parole, and/or
- A fine of $1,000 to $100,000
Prior to March 1, 2022, Colorado law carried different penalties for unlawful firearm possession and POWPO. SB21-271.
See our related article, Do you have to register guns in Colorado?