Under Colorado Revised Statute § 33-6-125, possessing a loaded shotgun or rifle in a motor vehicle is a misdemeanor, carrying
- a $100 fine and
- 15 DMV points.
There is no jail, but the DMV will suspend your driver’s license for six months to one year.
Meanwhile, it is generally lawful to have a loaded handgun in a vehicle.
An exception to this rule is law enforcement: Police officers may drive while in possession of a loaded firearm if authorized.1
In this article, our Denver, Colorado criminal defense attorneys discuss the following topics regarding loaded firearms in vehicles:
- 1. Purpose of Law
- 2. “Dangerous Weapons”
- 3. Muzzle-Loaders
- 4. Police Searches
- 5. Concealed Carry
- 6. Unattended Firearms in Vehicles
- 7. Snowmobile Carry
- Frequently Asked Questions
- Additional Reading
1. Purpose of Law
Colorado’s prohibition against possessing loaded long guns in vehicles is meant to prevent unlawful hunting practices, such as poaching from vehicles. Having a loaded rifle or shotgun makes it quicker and easier to take shots at wildlife from a vehicle, which violates state law in most circumstances.
The reason why loaded handguns remain lawful to keep in cars is that they are mainly for the purpose of self-defense, not hunting.2
CRS 33-6-125 is designed to deter unlawful hunting practices.
2. “Dangerous Weapons”
It is never lawful in Colorado to drive with a dangerous weapon, whether loaded or unloaded. Dangerous weapons include:
- short shotguns,
- short rifles, and
- machine guns.3
The following table summarizes the laws for driving with handguns, long guns, and dangerous weapons in Colorado.
Type of Firearm | Unloaded in Vehicle | Loaded in Vehicle |
Handguns | Yes | Yes |
Long Guns | Yes | No |
Short Shotguns or Rifles | No | No |
3. Muzzle-Loaders
A “muzzle-loader” is unloaded if it is not primed. “Primed” means having
- a percussion cap on the nipple or flint in the striker and
- powder in the flash pan.
Muzzle-loaders can be long guns or handguns. As long guns, they cannot be loaded in vehicles; as handguns, they can be.4
It is unlawful to drive with a loaded long gun in Colorado under CRS 33-6-125.
4. Police Searches
During a traffic stop, law enforcement agency officers may inspect the chamber of any rifle or shotgun in a motor vehicle to make sure it is unloaded. You must permit the police to examine the gun.5
5. Concealed Carry
In Colorado, you do not need a concealed carry permit (CHP) to carry a loaded or unloaded handgun in a private automobile. This is because handguns are not considered “concealed weapons” if either:
- you possess the handgun in a private automobile or in some other private means of conveyance, and you carry the handgun for a lawful use, including self-defense; or
- you possess the handgun while hunting lawfully.6
You do not need a concealed carry permit to carry a handgun in your vehicle.
6. Unattended Firearms in Vehicles
In general, Colorado prohibits knowingly leaving a handgun in an unattended vehicle unless:
- the gun is in a locked hard-sided container,
- the container is placed out of plain view, and
- the container is locked in the vehicle.
These same rules apply to long guns except that they may be stored in a soft-sided container if a locking device is installed on the firearm.
Violations are civil infractions carrying up to $100.7
7. Snowmobile Carry
In Colorado, it is unlawful to operate a snowmobile with a long gun unless it is both:
- unloaded and
- enclosed in a carrying case or inserted in a scabbard.8
It is generally lawful to drive with a loaded handgun in Colorado.
Frequently Asked Questions
Can I carry a loaded handgun in my car in Colorado?
Yes, you can lawfully carry a loaded handgun in your car in Colorado. You do not need a concealed carry permit to have a loaded handgun in your private vehicle as long as you carry it for a lawful purpose, including self-defense.
What happens if I get caught with a loaded rifle or shotgun in my vehicle?
If you are caught with a loaded rifle or shotgun in your vehicle, you will face a misdemeanor charge with a $100 fine and 15 DMV points. There is no jail time, but the DMV will suspend your driver’s license for six months to one year.
How should I store my gun if I leave it in my car unattended?
If you leave a handgun unattended in your vehicle, it must be in a locked hard-sided container that is out of plain view and locked in the vehicle. For rifles or shotguns, you can use a soft-sided container if a locking device is installed on the firearm. Violations carry up to a $100 fine.
Can police search my gun during a traffic stop?
Yes, during a traffic stop, police officers can inspect the chamber of any rifle or shotgun in your vehicle to make sure it’s unloaded. You must allow the police to inspect the gun – you cannot refuse this inspection.
Additional Reading
For more information, refer to our related articles:
- Background checks by the Colorado Bureau of Investigation – What you can expect if you try to buy a gun.
- Open carry laws – Rules for when and where you can openly carry in Colorado.
- Concealed handgun permit reciprocity for non-residents – Information about when non-residents can conceal carry in Colorado.
- Colorado gun laws – Our general overview of state and federal firearm rules and regulations.
Legal References
- CRS 33-6-125:
It is unlawful for any person, except a person authorized by law or by the division, to possess or have under the person’s control any firearm, other than a pistol or revolver, in or on any motor vehicle unless the chamber of the firearm is unloaded. Any person in possession or in control of a rifle or shotgun in a motor vehicle shall allow any peace officer who is empowered and acting under the authority granted in section 33-6-101 to enforce articles 1 to 6 of this title 33 to inspect the chamber of any rifle or shotgun in the motor vehicle. For the purposes of this section, a “muzzle-loader” shall be considered unloaded if it is not primed, and “primed” means having a percussion cap on the nipple or flint in the striker and powder in the flash pan. Any person who violates this section is guilty of a misdemeanor and, upon conviction thereof, shall be punished by a fine of one hundred dollars and an assessment of fifteen license suspension points.
See also Point Suspensions, Colorado Department of Revenue. See also People v. Coca (Colo. 1992) . - See same.
- CRS 18-12-102.
- See note 1.
- See note 1.
- Same. CRS 18-12-204. Note that people under 18 cannot open carry a handgun (with rare exceptions). CRS 18-12-108.5. See also 18 U.S.C. § 3665.
- HB24-1348. CRS 18-12-114.5.
- CRS 33-14-117.