What’s the background check process to buy a gun in Colorado?

Posted on March 15, 2022

Before people can lawfully buy a firearm in Colorado, they must pass a Colorado Bureau of Investigations (C.B.I.) background check. The process includes filling out an application and waiting about twenty minutes for approval (or a rejection).

1. What are the requirements for purchasing a gun in Colorado?

To buy a handgun in Colorado, the purchaser must be a Colorado resident and at least 21 years old.¹

To buy a rifle in Colorado, the purchaser must be at least 18 years and does not have to be a Colorado resident. (However, some gun stores refuse to sell long guns to non-Colorado residents anyway.)²

Once a gun dealer establishes the purchaser’s age and residency, the purchaser must fill out an A.T.F. Form 4473. This form asks whether the purchaser either:

• has been dishonorably discharged from the armed forces,
• has been convicted of a felony,
• has been convicted of domestic violence (even if just for a misdemeanor),
• has ever been adjudicated a mental defective or committed to a mental institution,
• is subject to a protective order restraining the person from harassing, stalking, or threatening his/her child or an intimate partner or child of such a partner,
• renounced U.S. citizenship,
• is under indictment for a felony,
• is an illegal alien,
• is an unlawful user or addicted to marijuana or any depressant, stimulant, narcotic drug, or any other controlled substance, and
• is a fugitive.

Answering yes to any of these questions is an automatic bar to gun ownership in Colorado.

Once the A.T.F. Form 4473 is filled out, the gun dealer will submit it to the C.B.I. InstaCheck Unit. The C.B.I. will then perform a background check by searching various databases. The background check will typically deliver a yay or nay within 20 minutes.

Note that even private gun purchases in Colorado require a C.B.I. background check through an FFL (federal firearm licensed) dealer. FFLs usually charge a small fee to use their services.

If the C.B.I. approves the gun purchase, the buyer can leave with the gun immediately.

Remember that buyers may not carry a gun concealed unless they have a current and valid C.C.W. permit. People may apply for a C.C.W. permit in the Colorado county where they live, own property, or own a business.

Learn more about obtaining a permit to carry a concealed handgun in Colorado (C.R.S. 18-12-203).

2. What are the penalties for carrying a concealed weapon without a C.C.W. permit?

A first-time violation of Colorado’s concealed weapon law, C.R.S. 18-12-203, is a class 1 misdemeanor punishable by a fine of up to $1,000 and/or up to a 364 days in jail.³

A second or subsequent offense within five years of a prior offense is a Colorado class 5 felony. Conviction carries potential penalties of:

• 1-3 years in prison (with two years mandatory parole), and/or
• a fine of $1,000-$100,000.⁴

There are also collateral consequences of a felony firearms conviction in the state of Colorado, including the loss of your right to own or possess a firearm.

Note that Colorado has state preemption over local laws related to guns. So if state and local government laws conflict, state laws win out.

3. Can you appeal a failed background check to purchase firearms?

Would-be purchasers who fail their background check can appeal once to the C.B.I. The C.B.I.’s Appeals unit has 30 days to review the denial and issue a final determination.

Depending on the case, the Appeals Unit may reverse the denial if the purchaser can provide additional information. But if the Appeals Unit denies the gun purchase again, the decision is final.

See our related article about Colorado criminal background checks.

Legal References:

About the Author

Michael Becker

Michael Becker has over a quarter-century's worth of experience as an attorney and more than 100 trials under his belt. He is a sought-after legal commentator and is licensed to practice law in Colorado, Nevada, California, and Florida.