reglab/statecodes huggingface dataset:
2023 Colorado Revised Statutes › Title 18 - CRIMINAL CODE (§§ 18-1-101 — 18-26-102) › Article 12 - OFFENSES RELATING TO FIREARMS AND WEAPONS (§§ 18-12-101 — 18-12-508) › Part 1 - FIREARMS AND WEAPONS - GENERAL (§§ 18-12-101 — 18-12-115) › Section 18-12-103.5 - Defaced firearms - contraband - destruction

(1)
After a judgment of conviction under section
18-12-103
or
18-12-104
has become final, any defaced firearm upon which the judgment was based shall be deemed to be contraband, the possession of which is contrary to the public peace, health, and safety.
(2)
Defaced firearms that are deemed to be contraband shall be placed in the possession of the bureau or of a local law enforcement agency designated by the bureau and shall be destroyed or rendered permanently inoperable.
Amended by 2013 Ch. 47,§ 8, eff. 3/20/2013.
L. 81: Entire section added, p. 977, § 19, effective July 1. L. 2013: (2) amended, (HB 13-1229), ch. 47, p. 137, § 8, effective March 20.
2023 Colorado Revised Statutes › Title 18 - CRIMINAL CODE (§§ 18-1-101 — 18-26-102) › Article 12 - OFFENSES RELATING TO FIREARMS AND WEAPONS (§§ 18-12-101 — 18-12-508) › Part 1 - FIREARMS AND WEAPONS - GENERAL (§§ 18-12-101 — 18-12-115) › Section 18-12-104 - Defacing a firearm

A person commits a class 1 misdemeanor if such person knowingly removes, defaces, covers, alters, or destroys the manufacturer's serial number or any other distinguishing number or identification mark of a firearm.
L. 71: R&RE, p. 482, § 1. C.R.S. 1963: § 40-12-104. L. 77: Entire section amended, p. 970, § 62, effective July 1. L. 81: Entire section amended, p. 977, § 20, effective July 1. L. 89: Entire section amended, p. 842, § 101, effective July 1. L. 93: Entire section amended, p. 968, § 2, effective July 1.
2023 Colorado Revised Statutes › Title 18 - CRIMINAL CODE (§§ 18-1-101 — 18-26-102) › Article 12 - OFFENSES RELATING TO FIREARMS AND WEAPONS (§§ 18-12-101 — 18-12-508) › Part 1 - FIREARMS AND WEAPONS - GENERAL (§§ 18-12-101 — 18-12-115) › Section 18-12-105.1 - [Repealed]

L. 81: Entire section added, p. 1437, § 4, effective June 8. L. 83: Entire section amended, p. 711, § 1, effective July 1. L. 96: (2) amended, p. 1024, § 1, effective May 23. L. 98: (2) amended, p. 949, § 12, effective May 27. L. 2003: Entire section repealed, p. 648, § 2, effective May 17.
2023 Colorado Revised Statutes › Title 18 - CRIMINAL CODE (§§ 18-1-101 — 18-26-102) › Article 12 - OFFENSES RELATING TO FIREARMS AND WEAPONS (§§ 18-12-101 — 18-12-508) › Part 1 - FIREARMS AND WEAPONS - GENERAL (§§ 18-12-101 — 18-12-115) › Section 18-12-105.6 - [Effective Until 1/1/2025] Limitation on local ordinances regarding firearms in private vehicles

(1)
The general assembly hereby finds that:
(a)
A person carrying a weapon in a private automobile or other private means of conveyance for hunting or for lawful protection of such person's or another's person or property, as permitted in sections
18-12-105 (2)(b)
and
18-12-105.5 (3)(c)
, may tend to travel within a county, city and county, or municipal jurisdiction or in or through different county, city and county, and municipal jurisdictions, en route to the person's destination;
(b)
Inconsistent laws exist in local jurisdictions with regard to the circumstances under which weapons may be carried in automobiles and other private means of conveyance;
(c)
This inconsistency creates a confusing patchwork of laws that unfairly subjects a person who lawfully travels with a weapon to criminal penalties because he or she travels within a jurisdiction or into or through another jurisdiction;
(d)
This inconsistency places citizens in the position of not knowing when they may be violating local laws while traveling within a jurisdiction or in, through, or between different jurisdictions, and therefore being unable to avoid committing a crime.
(2)
(a)
Based on the findings specified in subsection (1) of this section, the general assembly concludes that the carrying of weapons in private automobiles or other private means of conveyance for hunting or for lawful protection of a person's or another's person or property while traveling into, through, or within, a municipal, county, or city and county jurisdiction, regardless of the number of times the person stops in a jurisdiction, is a matter of statewide concern and is not an offense.
(b)
Notwithstanding any other provision of law, no municipality, county, or city and county shall have the authority to enact or enforce any ordinance or resolution that would restrict a person's ability to travel with a weapon in a private automobile or other private means of conveyance for hunting or for lawful protection of a person's or another's person or property while traveling into, through, or within, a municipal, county, or city and county jurisdiction, regardless of the number of times the person stops in a jurisdiction.
L. 2000: Entire section added, p. 1009, § 2, effective August 2. L. 2003: Entire section amended, p. 651, § 1, effective March 18.
This section is set out more than once due to postponed, multiple, or conflicting amendments.
2023 Colorado Revised Statutes › Title 18 - CRIMINAL CODE (§§ 18-1-101 — 18-26-102) › Article 12 - OFFENSES RELATING TO FIREARMS AND WEAPONS (§§ 18-12-101 — 18-12-508) › Part 1 - FIREARMS AND WEAPONS - GENERAL (§§ 18-12-101 — 18-12-115) › Section 18-12-105.6 - [Effective 1/1/2025] Limitation on local ordinances regarding firearms in private vehicles

(1)
The general assembly hereby finds that:
(a)
A person carrying a weapon in a private automobile or other private means of conveyance for hunting or for lawful protection of such person's or another's person or property, as permitted in sections
18-12-105 (2)(b)
and
18-12-105.5 (3)(c)
, may tend to travel within a county, city and county, or municipal jurisdiction or in or through different county, city and county, and municipal jurisdictions, en route to the person's destination;
(b)
Inconsistent laws exist in local jurisdictions with regard to the circumstances under which weapons may be carried in automobiles and other private means of conveyance;
(c)
This inconsistency creates a confusing patchwork of laws that unfairly subjects a person who lawfully travels with a weapon to criminal penalties because he or she travels within a jurisdiction or into or through another jurisdiction;
(d)
This inconsistency places citizens in the position of not knowing when they may be violating local laws while traveling within a jurisdiction or in, through, or between different jurisdictions, and therefore being unable to avoid committing a crime.
(2)
(a)
Based on the findings specified in subsection (1) of this section, the general assembly concludes that the carrying of weapons in private automobiles or other private means of conveyance for hunting or for lawful protection of a person's or another's person or property while traveling into, through, or within a municipal, county, or city and county jurisdiction, regardless of the number of times the person stops in a jurisdiction, is a matter of statewide concern and, except as described in section 18-12-114.5, is not an offense.
(b)
Notwithstanding any other provision of law, no municipality, county, or city and county shall have the authority to enact or enforce any ordinance or resolution that would restrict a person's ability to travel with a weapon in a private automobile or other private means of conveyance for hunting or for lawful protection of a person's or another's person or property while traveling into, through, or within, a municipal, county, or city and county jurisdiction, regardless of the number of times the person stops in a jurisdiction.
Amended by 2024 Ch. 178,§ 3, eff. 1/1/2025.
L. 2000: Entire section added, p. 1009, § 2, effective August 2. L. 2003: Entire section amended, p. 651, § 1, effective March 18.
This section is set out more than once due to postponed, multiple, or conflicting amendments.
2023 Colorado Revised Statutes › Title 18 - CRIMINAL CODE (§§ 18-1-101 — 18-26-102) › Article 12 - OFFENSES RELATING TO FIREARMS AND WEAPONS (§§ 18-12-101 — 18-12-508) › Part 1 - FIREARMS AND WEAPONS - GENERAL (§§ 18-12-101 — 18-12-115) › Section 18-12-106 - Prohibited use of weapons - definitions

(1)
A person commits a class 1 misdemeanor if:
(a)
He knowingly and unlawfully aims a firearm at another person; or
(b)
Recklessly or with criminal negligence he discharges a firearm or shoots a bow and arrow; or
(c)
He knowingly sets a loaded gun, trap, or device designed to cause an explosion upon being tripped or approached, and leaves it unattended by a competent person immediately present; or
(d)
The person has in his or her possession a firearm while the person is under the influence of intoxicating liquor or of a controlled substance, as defined in section
18-18-102 (5)
. Possession of a permit issued under section
18-12-105.1
, as it existed prior to its repeal, or possession of a permit or a temporary emergency permit issued pursuant to part 2 of this article is no defense to a violation of this subsection (1).
(2)
(a)
A person commits a class 2 misdemeanor if the person knowingly aims, swings, or throws a throwing star or nunchaku as defined in this subsection (2)(b) at another person, or the person knowingly possesses a throwing star or nunchaku in a public place except for the purpose of presenting an authorized public demonstration or exhibition or pursuant to instruction in conjunction with an organized school or class. When transporting throwing stars or nunchaku for a public demonstration or exhibition or for a school or class, they shall be transported in a closed, nonaccessible container.
(b)
For purposes of this subsection (2), "nunchaku" means an instrument consisting of two sticks, clubs, bars, or rods to be used as handles, connected by a rope, cord, wire, or chain, which is in the design of a weapon used in connection with the practice of a system of self-defense, and "throwing star" means a disk having sharp radiating points or any disk-shaped bladed object which is hand-held and thrown and which is in the design of a weapon used in connection with the practice of a system of self-defense.
Amended by 2021 Ch. 462, § 345, eff. 3/1/2022.
L. 71: R&RE, p. 482, § 1. C.R.S. 1963: § 40-12-106. L. 77: (1)(a) and (1)(c) amended, p. 971, § 63, effective July 1. L. 81: (1)(d) amended, p. 738, § 25, effective July 1. L. 82: (1)(d) amended, p. 623, § 18, effective April 2. L. 84: (1)(e) added, p. 539, § 17, effective July 1. L. 2003: (1)(d) amended, p. 649, § 5, effective May 17. L. 2012: (1)(d) amended, (HB 12-1311), ch. 1620, p. 1620, § 48, effective July 1. L. 2021: Entire section amended, (SB 21-271), ch. 3209, p. 3209, § 345, effective 3/1/2022.
Section 803(2) of chapter 462 (SB 21-271), Session Laws of Colorado 2021, provides that the act changing this section applies to offenses committed on or after March 1, 2022.
2021 Ch. 462, was passed without a safety clause. See Colo. Const. art. V, § 1(3).
2023 Colorado Revised Statutes › Title 18 - CRIMINAL CODE (§§ 18-1-101 — 18-26-102) › Article 12 - OFFENSES RELATING TO FIREARMS AND WEAPONS (§§ 18-12-101 — 18-12-508) › Part 1 - FIREARMS AND WEAPONS - GENERAL (§§ 18-12-101 — 18-12-115) › Section 18-12-106.5 - Use of stun guns

A person commits a class 5 felony if he knowingly and unlawfully uses a stun gun in the commission of a criminal offense.
L. 87: Entire section added, p. 675, § 4, effective May 16.
2023 Colorado Revised Statutes › Title 18 - CRIMINAL CODE (§§ 18-1-101 — 18-26-102) › Article 12 - OFFENSES RELATING TO FIREARMS AND WEAPONS (§§ 18-12-101 — 18-12-508) › Part 1 - FIREARMS AND WEAPONS - GENERAL (§§ 18-12-101 — 18-12-115) › Section 18-12-107 - Penalty for second offense

Any person who has within five years previously been convicted of a violation under section
18-12-103
,
18-12-105
, or
18-12-106
shall, upon conviction for a second or subsequent offense under the same section, be guilty of a class 5 felony.
L. 71: R&RE, p. 483, § 1. C.R.S. 1963: § 40-12-107. L. 87: Entire section amended, p. 616, § 7, effective July 1.
2023 Colorado Revised Statutes › Title 18 - CRIMINAL CODE (§§ 18-1-101 — 18-26-102) › Article 12 - OFFENSES RELATING TO FIREARMS AND WEAPONS (§§ 18-12-101 — 18-12-508) › Part 1 - FIREARMS AND WEAPONS - GENERAL (§§ 18-12-101 — 18-12-115) › Section 18-12-107.5 - Illegal discharge of a firearm - penalty

(1)
Any person who knowingly or recklessly discharges a firearm into any dwelling or any other building or occupied structure, or into any motor vehicle occupied by any person, commits the offense of illegal discharge of a firearm.
(2)
It shall not be an offense under this section if the person who discharges a firearm in violation of subsection (1) of this section is a peace officer as described in section
16-2.5-101
, C.R.S., acting within the scope of such officer's authority and in the performance of such officer's duties.
(3)
Illegal discharge of a firearm is a class 5 felony.
L. 93: Entire section added, p. 968, § 1, effective July 1. L. 2003: (2) amended, p. 1616, § 15, effective August 6.
2023 Colorado Revised Statutes › Title 18 - CRIMINAL CODE (§§ 18-1-101 — 18-26-102) › Article 12 - OFFENSES RELATING TO FIREARMS AND WEAPONS (§§ 18-12-101 — 18-12-508) › Part 1 - FIREARMS AND WEAPONS - GENERAL (§§ 18-12-101 — 18-12-115) › Section 18-12-110 - Forfeiture of firearms

Upon the motion of the prosecuting attorney after the conviction of a defendant, the court may order the forfeiture of any firearms which were used by the defendant during the course of the criminal episode which gave rise to said conviction as an element of sentencing or as a condition of probation or of a deferred sentence. Firearms forfeited under this section shall be disposed of pursuant to section
16-13-311
, C.R.S.
L. 83: Entire section added, p. 667, § 11, effective July 1.
2023 Colorado Revised Statutes › Title 18 - CRIMINAL CODE (§§ 18-1-101 — 18-26-102) › Article 12 - OFFENSES RELATING TO FIREARMS AND WEAPONS (§§ 18-12-101 — 18-12-508) › Part 1 - FIREARMS AND WEAPONS - GENERAL (§§ 18-12-101 — 18-12-115) › Section 18-12-111 - [Effective Until 7/1/2025] Unlawful purchase of firearms

(1)
Any person who knowingly purchases or otherwise obtains a firearm on behalf of or for transfer to a person who the transferor knows or reasonably should know is ineligible to possess a firearm pursuant to federal or state law commits a class 4 felony.
(2)
(a)
Any person who is a licensed dealer, as defined in
18 U.S.C. sec. 921 (a)(11)
, shall post a sign displaying the provisions of subsection (1) of this section in a manner that is easily readable. The person shall post such sign in an area that is visible to the public at each location from which the person sells firearms to the general public.
(b)
Any person who violates any provision of this subsection (2) commits a civil infraction.
Amended by 2021 Ch. 462, § 347, eff. 3/1/2022.
L. 2000: Entire section added, p. 638, § 1, effective July 1. L. 2021: (2)(b) amended, (SB 21-271), ch. 3212, p. 3212, § 347, effective 3/1/2022.
Section 803(2) of chapter 462 (SB 21-271), Session Laws of Colorado 2021, provides that the act changing this section applies to offenses committed on or after March 1, 2022.
2021 Ch. 462, was passed without a safety clause. See Colo. Const. art. V, § 1(3).
This section is set out more than once due to postponed, multiple, or conflicting amendments.
2023 Colorado Revised Statutes › Title 18 - CRIMINAL CODE (§§ 18-1-101 — 18-26-102) › Article 12 - OFFENSES RELATING TO FIREARMS AND WEAPONS (§§ 18-12-101 — 18-12-508) › Part 1 - FIREARMS AND WEAPONS - GENERAL (§§ 18-12-101 — 18-12-115) › Section 18-12-111 - [Effective 7/1/2025] Unlawful purchase of firearms - report to law enforcement - penalties

(1)
Any person who knowingly purchases or otherwise obtains a firearm on behalf of or for transfer to a person who the transferor knows or reasonably should know is ineligible to possess a firearm pursuant to federal or state law commits a class 4 felony.
(2)
(a)
Any person who is a licensed dealer, as defined in
18 U.S.C. sec. 921 (a)(11)
, shall post a sign displaying the provisions of subsection (1) of this section in a manner that is easily readable. The person shall post such sign in an area that is visible to the public at each location from which the person sells firearms to the general public.
(b)
Any person who violates any provision of this subsection (2) commits a civil infraction.
(3)
(a)
If a firearms dealer who holds a state permit to deal firearms pursuant to section 18-12-401.5 reasonably believes, knows or should know, or becomes aware after a transfer, that a person, including an employee, purchased or attempted to purchase a firearm in violation of this section, the dealer shall report that information to a law enforcement agency with jurisdiction over the dealer's place of business.
(b)
Failure to make the report required by this subsection (3) within forty-eight hours after the dealer becomes aware of an unlawful firearm purchase or attempted firearm purchase is a violation of state law concerning the sale of firearms and is subject to the penalties described in section 18-12-401.5 (7).
Amended by 2024 Ch. 492,§ 5, eff. 7/1/2025.
Amended by 2021 Ch. 462, § 347, eff. 3/1/2022.
L. 2000: Entire section added, p. 638, § 1, effective July 1. L. 2021: (2)(b) amended, (SB 21-271), ch. 3212, p. 3212, § 347, effective 3/1/2022.
Section 803(2) of chapter 462 (SB 21-271), Session Laws of Colorado 2021, provides that the act changing this section applies to offenses committed on or after March 1, 2022.
2021 Ch. 462, was passed without a safety clause. See Colo. Const. art. V, § 1(3).
This section is set out more than once due to postponed, multiple, or conflicting amendments.
2023 Colorado Revised Statutes › Title 18 - CRIMINAL CODE (§§ 18-1-101 — 18-26-102) › Article 12 - OFFENSES RELATING TO FIREARMS AND WEAPONS (§§ 18-12-101 — 18-12-508) › Part 1 - FIREARMS AND WEAPONS - GENERAL (§§ 18-12-101 — 18-12-115) › Section 18-12-112.5 - Firearms transfers by licensed dealers - sale and purchase - background check required - penalty - definitions

(1)
(a)
It is unlawful for a licensed gun dealer to transfer a firearm to a transferee until the dealer has obtained approval for the firearms transfer from the bureau after the bureau has completed any background check required by state or federal law.
(a.3)
A person who is a licensed gun dealer shall not make or facilitate the sale of a firearm to a person who is less than twenty-one years of age.
(a.5)
It is unlawful for a person who is less than twenty-one years of age to purchase a firearm. This subsection (1)(a.5) and subsection (1)(a.3) of this section do not apply if:
(I)
The person is an active member of the United States armed forces while on duty and serving in conformance with the policies of the United States armed forces; or
(II)
The person is a peace officer, as described in section
16-2.5-101
, while on duty and serving in conformance with the policies of the employing agency, as set forth in section
16-2.5-101
and section
16-2.5-135
; or
(III)
An individual certified by the P.O.S.T. board pursuant to section
16-2.5-102
.
(b)
Transferring or selling a firearm in violation of this subsection (1) is a class 1 misdemeanor.
(c)
Purchasing a firearm in violation of this subsection (1) is a class 2 misdemeanor.
(2)
This section does not apply to the sale of an antique firearm, as defined in
18 U.S.C. sec. 921 (a)(16)
, as amended, or a curio or relic, as defined in
27 CFR 478.11
, as amended.
(3)
As used in this section, unless the context otherwise requires:
(a)
"Licensed gun dealer" has the same meaning set forth in section
18-12-506
.
(b)
"Transfer" has the same meaning set forth in section
24-33.5-424
.
Amended by 2023 Ch. 123,§ 3, eff. 8/7/2023.
Added by 2021 Ch. 268, § 1, eff. 6/19/2021.
2023 Ch. 123, was passed without a safety clause. See Colo. Const. art. V, § 1(3).
2023 Colorado Revised Statutes › Title 18 - CRIMINAL CODE (§§ 18-1-101 — 18-26-102) › Article 12 - OFFENSES RELATING TO FIREARMS AND WEAPONS (§§ 18-12-101 — 18-12-508) › Part 1 - FIREARMS AND WEAPONS - GENERAL (§§ 18-12-101 — 18-12-115) › Section 18-12-113 - [Effective Until 1/1/2025] Failure to report a lost or stolen firearm - exception

(1)
(a)
(I)
A person who owns a firearm and who has reasonable cause to believe that the firearm has been lost or stolen shall report such fact to a law enforcement agency not more than five days after discovering that the firearm has been lost or stolen. A report of a lost or stolen firearm must include, and the law enforcement agency receiving the report shall request, an accurate and detailed description of the firearm, including, to the extent known, the manufacturer, model, serial number, caliber, and any other identification number or distinguishing mark of the firearm being reported.
(II)
A person other than the owner of a lost or stolen firearm who is a member of the owner's family or who resides with the owner may report the loss or theft to a law enforcement agency. If a person who is not the owner of a lost or stolen firearm makes the report, the owner is not required to report pursuant to subsection (1)(a)(I) of this section. Making a report pursuant to this subsection (1)(a)(II) does not constitute acknowledgment of ownership of the firearm for the purposes of any other provision of law.
(b)
A person who previously reported a lost or stolen firearm pursuant to this section who has found or otherwise recovered the firearm, or any other person who has found or recovered the firearm, shall report to the law enforcement agency that received the report that the firearm has been recovered.
(c)
Except as provided in subsection (3) of this section, a person who knowingly violates subsection (1)(a)(I) of this section commits failure to report a lost or stolen firearm.
(2)
Failure to report a lost or stolen firearm is a civil infraction, punishable by a twenty-five dollar fine; except that a second or subsequent offense is an unclassified misdemeanor and, upon conviction thereof, shall be punished by a fine of not more than five hundred dollars.
(3)
This section does not apply to a licensed gun dealer, as defined in section
18-12-506
.
(4)
Within five days after receiving a report of a lost or stolen firearm pursuant to this section, the law enforcement agency that receives the report shall enter any available descriptive information related to the lost or stolen firearm into the Colorado bureau of investigation crime information center database.
(5)
A person who reports a lost or stolen firearm pursuant to subsection (1) of this section is immune from criminal prosecution for an offense in this part 1 related to the storage of firearms.
(6)
This section is known and may be cited as the "Isabella Joy Thallas Act".
Added by 2021 Ch. 38, § 1, eff. 9/7/2021.
2021 Ch. 38, was passed without a safety clause. See Colo. Const. art. V, § 1(3).
This section is set out more than once due to postponed, multiple, or conflicting amendments.
2023 Colorado Revised Statutes › Title 18 - CRIMINAL CODE (§§ 18-1-101 — 18-26-102) › Article 12 - OFFENSES RELATING TO FIREARMS AND WEAPONS (§§ 18-12-101 — 18-12-508) › Part 1 - FIREARMS AND WEAPONS - GENERAL (§§ 18-12-101 — 18-12-115) › Section 18-12-114 - Secure firearm storage required - penalty - exceptions

(1)
Firearms must be responsibly and securely stored when they are not in use to prevent access by unsupervised juveniles and other unauthorized users. A person responsibly and securely stores a firearm when:
(a)
The person carries the firearm on his or her person or within such close proximity thereto that the person can readily retrieve and use the firearm as if the person carried the firearm on his or her person;
(b)
The firearm is kept in a locked gun safe or other secure container or in a manner that a reasonable person would believe to be secure and a juvenile or resident of the premises who is ineligible to possess a firearm does not have access to the key, combination, or other unlocking mechanism necessary to open the safe or container;
(c)
The person properly installs a locking device on the firearm and a juvenile or resident of the premises who is ineligible to possess a firearm does not have access to the key, combination, or other unlocking mechanism necessary to remove the locking device; or
(d)
The firearm is a personalized firearm and the safety characteristics of the firearm are activated.
(2)
(a)
A person commits unlawful storage of a firearm when the person fails to responsibly and securely store a firearm, as described in subsection (1) of this section, upon any premises that the person owns or controls and the person knows or reasonably should know that:
(I)
A juvenile can gain access to the firearm without the permission of the juvenile's parent or guardian; or
(II)
A resident of the premises is ineligible to possess a firearm pursuant to state or federal law.
(b)
Unlawful storage of a firearm is a class 2 misdemeanor.
(c)
It is an affirmative defense to the offense of unlawful storage of a firearm that a juvenile gained possession of, and used, the firearm for the purpose of exercising the rights contained in section
18-1-704
or
18-1-704.5
or in defense of livestock.
(3)
This section does not apply to storing an antique firearm, as defined in
18 U.S.C. sec. 921(a)(16)
, as amended, or a curio or relic, as defined in
27 CFR 478.11
, as amended.
Added by 2021 Ch. 39,§4, eff. 7/1/2021.
Section 8 of chapter 39 (HB 21-1106), Session Laws of Colorado 2021, provides that the act adding this section applies to offenses committed on or after July 1, 2021.
For the short title ("Promoting Child Safety Through Responsible Firearm Storage Act") and the legislative declaration in HB 21-1106, see sections 1 and 2 of chapter 39, Session Laws of Colorado 2021.
2023 Colorado Revised Statutes › Title 18 - CRIMINAL CODE (§§ 18-1-101 — 18-26-102) › Article 12 - OFFENSES RELATING TO FIREARMS AND WEAPONS (§§ 18-12-101 — 18-12-508) › Part 1 - FIREARMS AND WEAPONS - GENERAL (§§ 18-12-101 — 18-12-115) › Section 18-12-115 - Waiting period for firearms sales - background check required - penalty - exceptions

(1)
(a)
It is unlawful for any person who sells a firearm, including a licensed gun dealer as defined in section
18-12-506 (6)
, to deliver the firearm to the purchaser until the later in time occurs:
(I)
Three days after a licensed gun dealer has initiated a background check of the purchaser that is required pursuant to state or federal law; or
(II)
The seller has obtained approval for the firearm transfer from the bureau after it has completed any background check required by state or federal law.
(b)
A person who violates this subsection (1) commits a civil infraction and, upon conviction thereof, shall be punished by a fine of five hundred dollars; except that for a second or subsequent offense, the fine shall be not less than five hundred dollars and not more than five thousand dollars.
(2)
This section does not apply to:
(a)
The sale of an antique firearm, as defined in
18 U.S.C. sec. 921 (a)(16)
, as amended, or a curio or relic, as defined in
27 CFR 478.11
, as amended;
(b)
The sale of a firearm by a person serving in the armed forces of the United States who will be deployed outside of the United States within the next thirty days to any family member, including:
(I)
Regardless of age, a biological, adopted, or foster child; a stepchild or legal ward; a child of a domestic partner; a child to whom the seller stands in loco parentis; or a person to whom the seller stood in loco parentis when the person was a minor;
(II)
A biological, adoptive, or foster parent; a stepparent or legal guardian of the seller or seller's spouse or domestic partner; or a person who stood in loco parentis when the seller or seller's spouse or domestic partner was a minor child;
(III)
A person to whom the seller is legally married under the laws of any state or a domestic partner of a seller;
(IV)
A grandparent, grandchild, or sibling, whether a biological, foster, adoptive, or step relationship, of the seller or seller's spouse or domestic partner; or
(V)
As shown by the seller, any other individual with whom the seller has a significant personal bond that is or is like a family relationship, regardless of biological or legal relationship; or
(c)
A firearm transfer for which a background check is not required pursuant to state or federal law.
(3)
Pursuant to the authority granted in section
29-11.7-103
, a local government may enact an ordinance, regulation, or other law concerning a waiting period.
Added by 2023 Ch. 125,§ 2, eff. 10/1/2023.
2023 Ch. 125, was passed without a safety clause. See Colo. Const. art. V, § 1(3).
2023 Colorado Revised Statutes › Title 18 - CRIMINAL CODE (§§ 18-1-101 — 18-26-102) › Article 12 - OFFENSES RELATING TO FIREARMS AND WEAPONS (§§ 18-12-101 — 18-12-508) › Part 2 - PERMITS TO CARRY CONCEALED HANDGUNS (§§ 18-12-201 — 18-12-216) › Section 18-12-201 - Legislative declaration

(1)
The general assembly finds that:
(a)
There exists a widespread inconsistency among jurisdictions within the state with regard to the issuance of permits to carry concealed handguns;
(b)
(Deleted by amendment, L. 2021.)
(c)
Inconsistency regarding issuance of permits results in the arbitrary and capricious denial of permits to carry concealed handguns based on the jurisdiction of residence rather than the qualifications for obtaining a permit;
(d)
Officials of local governments are uniquely equipped to make determinations as to where concealed handguns can be carried in their local jurisdictions; and
(e)
It is necessary that the state occupy the field of regulation of issuing concealed handgun permits because there is a prevailing state interest in ensuring that no citizen is arbitrarily denied a concealed handgun permit.
(2)
Based on the findings specified in subsection (1) of this section, the general assembly concludes that:
(a)
The criteria and procedures for issuing permits to carry concealed handguns is a matter of statewide concern;
(b)
It is necessary to provide statewide uniform standards for issuing permits to carry concealed handguns for self-defense; and
(c)
Whether concealed handguns can be carried in a specific area is a matter of state and local concern.
(3)
In accordance with the findings and conclusions specified in subsections (1) and (2) of this section, the general assembly hereby instructs each sheriff to implement and administer the provisions of this part 2. The general assembly does not delegate to the sheriffs the authority to regulate or restrict the issuance of permits provided for in this part 2 beyond the provisions of this part 2. An action or rule that encumbers the permit process by placing burdens on the applicant beyond those sworn statements and specified documents detailed in this part 2 or that creates restrictions beyond those specified in this part 2 is in conflict with the intent of this part 2 and is prohibited.
Amended by 2021 Ch. 269,§4, eff. 6/19/2021.
2023 Colorado Revised Statutes › Title 18 - CRIMINAL CODE (§§ 18-1-101 — 18-26-102) › Article 12 - OFFENSES RELATING TO FIREARMS AND WEAPONS (§§ 18-12-101 — 18-12-508) › Part 2 - PERMITS TO CARRY CONCEALED HANDGUNS (§§ 18-12-201 — 18-12-216) › Section 18-12-202.7 - [Effective 8/7/2024] Concealed handgun training class - instructor verification

(1)
Each sheriff shall verify as a firearms instructor a person whose principal place to conduct firearms training is in the sheriff's county and who:
(a)
Satisfies the requirements for verification described in this section; and
(b)
Pays any fee required pursuant to subsection (5) of this section.
(2)
To become a verified instructor, an applicant must:
(a)
Hold a valid permit to carry a concealed handgun issued pursuant this part 2 that is not a temporary emergency permit issued pursuant to section 18-12-209; and
(b)
Be certified as a firearms instructor by one of the following entities that has instructors certified by a nationally recognized organization that customarily offers firearms training:
(I)
A federal, state, county, or municipal law enforcement agency;
(II)
A college or university;
(III)
A nationally recognized organization that customarily offers firearms training; or
(IV)
A firearms training school.
(3)
(a)
An instructor verification issued pursuant to this section is valid for ten years and may be renewed at any time prior to expiration.
(b)
A sheriff shall issue evidence of verification to a verified instructor. The evidence of verification must include the date of expiration of the verification.
(c)
Each sheriff shall maintain a record of firearms instructors verified by the sheriff and shall post a list of verified instructors on the sheriff's website. The list must include the expiration date of an instructor's verification.
(4)
(a)
A sheriff shall revoke a verification issued pursuant to this section if the verified instructor ceases to meet the requirements for verification.
(b)
A sheriff may revoke or suspend a verification issued pursuant to this section if the verified instructor provides instruction in a concealed handgun training class or refresher class that fails to meet the requirements for the class pursuant to this part 2 and that results in the issuance of a training certificate. A person who has had a verification suspended pursuant to this subsection (4)(b) may apply for reinstatement no earlier than thirty days following suspension.
(c)
If a sheriff denies a person's application for verification as a firearms instructor or suspends or revokes a person's firearms instructor verification, the sheriff shall notify the person in writing. The notice must state the grounds for denial, suspension, or revocation and inform the person of the right to seek judicial review pursuant to section 18-12-207.
(5)
A sheriff may establish and impose a fee to cover the actual direct and indirect costs of processing applications and issuing and renewing verifications pursuant to this section.
Added by 2024 Ch. 388,§ 3, eff. 8/7/2024.
2024 Ch. 388, was passed without a safety clause. See Colo. Const. art. V, § 1(3).
2023 Colorado Revised Statutes › Title 18 - CRIMINAL CODE (§§ 18-1-101 — 18-26-102) › Article 12 - OFFENSES RELATING TO FIREARMS AND WEAPONS (§§ 18-12-101 — 18-12-508) › Part 2 - PERMITS TO CARRY CONCEALED HANDGUNS (§§ 18-12-201 — 18-12-216) › Section 18-12-207 - [Effective Until 8/7/2024] Judicial review - permit denial - permit suspension - permit revocation

(1)
If a sheriff denies a permit application, refuses to renew a permit, or suspends or revokes a permit, the applicant or permittee may seek judicial review of the sheriff's decision. The applicant or permittee may seek judicial review either in lieu of or subsequent to the sheriff's second review.
(2)
The procedure and time lines for filing a complaint, an answer, and briefs for judicial review pursuant to this section shall be in accordance with the procedures specified in rule 106 (a)(4) and (b) of the Colorado rules of civil procedure.
(3)
Notwithstanding any other provision of law to the contrary, at a judicial review sought pursuant to this section, the sheriff shall have the burden of proving by a preponderance of the evidence that the applicant or permittee is ineligible to possess a permit under the criteria listed in section
18-12-203 (1)
or, if the denial, suspension, or revocation was based on the sheriff's determination that the person would be a danger as provided in section
18-12-203 (2)
, the sheriff shall have the burden of proving the determination by clear and convincing evidence. Following completion of the review, the court may award attorney fees to the prevailing party.
L. 2003: Entire part added, p. 644, § 1, effective May 17.
This section is set out more than once due to postponed, multiple, or conflicting amendments.
2023 Colorado Revised Statutes › Title 18 - CRIMINAL CODE (§§ 18-1-101 — 18-26-102) › Article 12 - OFFENSES RELATING TO FIREARMS AND WEAPONS (§§ 18-12-101 — 18-12-508) › Part 2 - PERMITS TO CARRY CONCEALED HANDGUNS (§§ 18-12-201 — 18-12-216) › Section 18-12-207 - [Effective 8/7/2024] Judicial review - permit denial - permit suspension - permit revocation - denial, suspension, or revocation of instructor verification

(1)
If a sheriff denies a permit application, refuses to renew a permit, or suspends or revokes a permit, the applicant or permittee may seek judicial review of the sheriff's decision. The applicant or permittee may seek judicial review either in lieu of or subsequent to the sheriff's second review.
(2)
The procedure and time lines for filing a complaint, an answer, and briefs for judicial review pursuant to this section shall be in accordance with the procedures specified in rule 106 (a)(4) and (b) of the Colorado rules of civil procedure.
(3)
Notwithstanding any other provision of law to the contrary, at a judicial review sought pursuant to subsection (1) of this section, the sheriff shall have the burden of proving by a preponderance of the evidence that the applicant or permittee is ineligible to possess a permit under the criteria listed in section
18-12-203 (1)
or, if the denial, suspension, or revocation was based on the sheriff's determination that the person would be a danger as provided in section
18-12-203 (2)
, the sheriff shall have the burden of proving the determination by clear and convincing evidence. Following completion of the review, the court may award attorney fees to the prevailing party.
(4)
(a)
If a sheriff denies a person's application for verification as a firearms instructor or suspends or revokes a person's firearms instructor verification, the person may seek judicial review of the sheriff's decision. The procedure and timelines described in subsection (2) of this section apply to judicial review of a sheriff's decision pursuant to this subsection (4).
(b)
Notwithstanding any other provision of law to the contrary, at a judicial review sought pursuant to this subsection (4), the sheriff has the burden of proving by a preponderance of the evidence that the person does not meet the requirements to be verified as a firearms instructor or satisfies the criteria for suspension or revocation of a firearms instructor verification.
Amended by 2024 Ch. 388,§ 5, eff. 8/7/2024.
L. 2003: Entire part added, p. 644, § 1, effective May 17.
2024 Ch. 388, was passed without a safety clause. See Colo. Const. art. V, § 1(3).
This section is set out more than once due to postponed, multiple, or conflicting amendments.
2023 Colorado Revised Statutes › Title 18 - CRIMINAL CODE (§§ 18-1-101 — 18-26-102) › Article 12 - OFFENSES RELATING TO FIREARMS AND WEAPONS (§§ 18-12-101 — 18-12-508) › Part 2 - PERMITS TO CARRY CONCEALED HANDGUNS (§§ 18-12-201 — 18-12-216) › Section 18-12-208 - Colorado bureau of investigation - duties

(1)
Upon receipt of a permit applicant's fingerprints from a sheriff pursuant to section
18-12-205(4)
or upon a sheriff's request pursuant to section
18-12-211(1)
, the bureau shall process the full set of fingerprints to obtain any available state criminal justice information or federal information pursuant to section
16-21-103(5)
, C.R.S., and shall report any information received to the sheriff. In addition, within ten days after receiving the fingerprints, the bureau shall forward one set of the fingerprints to the federal bureau of investigation for processing to obtain any available state criminal justice information or federal information.
(2)
The bureau shall use the fingerprints received pursuant to this part 2 solely for the purposes of:
(a)
Obtaining information for the issuance or renewal of permits; and
(b)
Notifying an issuing sheriff that a permittee has been arrested for or charged with an offense that would require revocation or suspension of the permit or that a permittee has been convicted of such an offense.
(3)
On or before January 15, 2004, and on or before January 15 each year thereafter until January 15, 2007, the bureau shall provide to the general assembly a list of the jurisdictions in which the sheriff provides to the bureau the names of persons to whom the sheriff issues permits.
L. 2003: Entire part added, p. 644, § 1, effective May 17.
2023 Colorado Revised Statutes › Title 18 - CRIMINAL CODE (§§ 18-1-101 — 18-26-102) › Article 12 - OFFENSES RELATING TO FIREARMS AND WEAPONS (§§ 18-12-101 — 18-12-508) › Part 2 - PERMITS TO CARRY CONCEALED HANDGUNS (§§ 18-12-201 — 18-12-216) › Section 18-12-209 - Issuance by sheriffs of temporary emergency permits

(1)
Notwithstanding any provisions of this part 2 to the contrary, a sheriff, as provided in this section, may issue a temporary emergency permit to carry a concealed handgun to a person whom the sheriff has reason to believe may be in immediate danger.
(2)
(a)
To receive a temporary emergency permit, a person shall submit to the sheriff of the county or city and county in which the person resides or in which the circumstances giving rise to the emergency exist the items specified in section
18-12-205
; except that an applicant for a temporary emergency permit need not submit documentary evidence demonstrating competence with a handgun as required under section
18-12-205(3)(a)
, and the applicant shall submit a temporary permit fee not to exceed twenty-five dollars, as set by the sheriff. Upon receipt of the documents and fee, the sheriff shall request that the bureau conduct a criminal history record check of the bureau files and a search of the national instant criminal background check system. The sheriff may issue a temporary emergency permit to the applicant if the sheriff determines the person may be in immediate danger and the criminal history record check shows that the applicant meets the criteria specified in section
18-12-203
; except that the applicant need not demonstrate competence with a handgun and the applicant may be eighteen years of age or older.
(b)
(I)
A temporary emergency permit issued pursuant to this section is valid for a period of ninety days after the date of issuance. Prior to or within ten days after expiration of a temporary emergency permit, the permittee may apply to the sheriff of the county or city and county in which the person resides or in which the circumstances giving rise to the emergency exist for renewal of the permit. The sheriff may renew a temporary emergency permit once for an additional ninety-day period; except that, if the permittee is younger than twenty-one years of age, the sheriff may renew the temporary emergency permit for subsequent ninety-day periods until the permittee reaches twenty-one years of age.
(II)
If the sheriff is not the same sheriff who issued the temporary emergency permit to the permittee:
(A)
The permittee shall submit to the renewing sheriff, in addition to the materials described in section
18-12-205
, a legible photocopy of the temporary emergency permit; and
(B)
The renewing sheriff shall contact the office of the sheriff who issued the temporary emergency permit and confirm that the issuing sheriff has not revoked or suspended the temporary emergency permit.
Amended by 2014 Ch. 27,§ 2, eff. 3/14/2014.
L. 2003: Entire part added, p. 645, § 1, effective May 17. L. 2014: (2) amended, (HB 14-1166), ch. 27, p. 168, § 2, effective March 14.
2023 Colorado Revised Statutes › Title 18 - CRIMINAL CODE (§§ 18-1-101 — 18-26-102) › Article 12 - OFFENSES RELATING TO FIREARMS AND WEAPONS (§§ 18-12-101 — 18-12-508) › Part 2 - PERMITS TO CARRY CONCEALED HANDGUNS (§§ 18-12-201 — 18-12-216) › Section 18-12-210 - Maintenance of permit - address change - invalidity of permit

(1)
Within thirty days after a permittee changes the address specified on his or her permit or within three business days after his or her permit is lost, stolen, or destroyed, the permittee shall notify the issuing sheriff of the change of address or permit loss, theft, or destruction. Failure to notify the sheriff pursuant to this subsection (1) is a civil infraction.
(2)
If a permit is lost, stolen, or destroyed, the permit is automatically invalid. The person to whom the permit was issued may obtain a duplicate or substitute therefor upon payment of fifteen dollars to the issuing sheriff and upon submission of a notarized statement to the issuing sheriff that the permit has been lost, stolen, or destroyed.
(3)
The provisions of this section apply to temporary emergency permits issued pursuant to section
18-12-209
.
Amended by 2021 Ch. 462, § 350, eff. 3/1/2022.
L. 2003: Entire part added, p. 645, § 1, effective May 17. L. 2021: (1) amended, (SB 21-271), ch. 462, p. 3212, § 350, effective 3/1/2022.
Section 803(2) of chapter 462 (SB 21-271), Session Laws of Colorado 2021, provides that the act changing this section applies to offenses committed on or after March 1, 2022.
2021 Ch. 462, was passed without a safety clause. See Colo. Const. art. V, § 1(3).
2023 Colorado Revised Statutes › Title 18 - CRIMINAL CODE (§§ 18-1-101 — 18-26-102) › Article 12 - OFFENSES RELATING TO FIREARMS AND WEAPONS (§§ 18-12-101 — 18-12-508) › Part 2 - PERMITS TO CARRY CONCEALED HANDGUNS (§§ 18-12-201 — 18-12-216) › Section 18-12-211 - [Effective Until 7/1/2025] Renewal of permits

(1)
(a)
Within one hundred twenty days prior to expiration of a permit, the permittee may obtain a renewal form from the sheriff of the county or city and county in which the permittee resides or from the sheriff of the county or city and county in which the permittee maintains a secondary residence or owns or leases real property used by the permittee in a business and renew the permit by submitting to the sheriff a completed renewal form, a notarized affidavit stating that the permittee remains qualified pursuant to the criteria specified in section
18-12-203 (1)(a) to (1)(g)
, and the required renewal fee not to exceed fifty dollars, as set by the sheriff pursuant to section
18-12-205 (5)
. The renewal form must meet the requirements specified in section
18-12-205 (1)
for an application.
(b)
If the sheriff is not the same sheriff who issued the permit to the permittee:
(I)
The permittee shall submit to the renewing sheriff, in addition to the materials described in paragraph (a) of this subsection (1), a legible photocopy of the permit; and
(II)
The renewing sheriff shall contact the office of the sheriff who issued the permit and confirm that the issuing sheriff has not revoked or suspended the permit.
(c)
The sheriff shall verify pursuant to section
18-12-205 (4)
that the permittee meets the criteria specified in section
18-12-203 (1)(a) to (1)(g)
and is not a danger as described in section
18-12-203 (2)
and shall either renew or deny the renewal of the permit in accordance with the provisions of section
18-12-206 (1)
. If the sheriff denies renewal of a permit, the permittee may seek a second review of the renewal application by the sheriff and may submit additional information for the record. The permittee may also seek judicial review as provided in section
18-12-207
.
(2)
A permittee who fails to file a renewal form on or before the permit expiration date may renew the permit by paying a late fee of fifteen dollars in addition to the renewal fee established pursuant to subsection (1) of this section. No permit shall be renewed six months or more after its expiration date, and the permit shall be deemed to have permanently expired. A person whose permit has permanently expired may reapply for a permit, but the person shall submit an application for a permit and the fee required pursuant to section
18-12-205
. A person who knowingly and intentionally files false or misleading information or deliberately omits material information required under this section is subject to criminal prosecution for perjury under section
18-8-503
.
Amended by 2014 Ch. 27, § 3, eff. 3/14/2014.
L. 2003: Entire part added, p. 645, § 1, effective May 17. L. 2014: (1) amended, (HB 14-1166), ch. 27, p. 169, § 3, effective March 14.
This section is set out more than once due to postponed, multiple, or conflicting amendments.