Colorado Local Ordinance Summary
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Important Note: On March 18, 2003, Article 11.7 in Title 29 of the Colorado Revised Statutes took effect. Section 29-11.7-103 voids any previously enacted local ordinance that prohibits the “sale, purchase, or possession of a firearm that a person may lawfully sell, purchase, or possess under state or federal law.” Colorado also adopted legislation regarding the carrying of firearms in private vehicles (Section 18-12-105.6(2), effective March 18, 2003), and concealed weapons (Section 18-12-201(1)(e), effective May 19, 2003). The local ordinances listed here were adopted prior to the effective dates of these new state laws.
Subsequent to these enactments, the City and County of Denver sued the state seeking declaratory and injunctive relief against enforcement of the new laws in relation to several Denver ordinances. On November 5, 2004, Denver District Court Judge Joseph Meyer upheld Denver’s ordinances addressing 1) the open carrying of firearms; 2) banning assault weapons and Saturday night specials; and 3) the open carrying of firearms in city parks. City and County of Denver v. State, No. 03 CV 3809 (Colo. Dist. Ct. Nov. 5, 2004). Judge Meyer found ordinances and portions of ordinances addressing juvenile possession of firearms, carrying concealed firearms with a permit in a public park, and concealed weapon permitting to be preempted where they conflict with state law. Id. Denver District Court Judge Lawrence Manzanares reached the same conclusions in a similar lawsuit, Aurora Gun Club v. City and County of Denver, No. O3 CV 8609 (Colo. Dist. Ct. 2004). Both cases are likely to be appealed. For more information about preemption in Colorado, see the Colorado Preemption section.
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The Colorado Local Ordinance
Summary is not intended to be comprehensive. Commonly adopted
ordinances, such as those prohibiting the discharge of firearms, or
those duplicating state law, are not included. For more information
about regulations in a particular jurisdiction, contact the clerk of
that jurisdiction.
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Denver (§ 38-130) and Vail (6-3H-1 to 11) make it unlawful to
"carry, store, keep, manufacture, sell or otherwise
possess" assault weapons.
Boulder (§ 5-8-18) provides that:
No person shall store, control, or possess any assault
weapon within any premises of which that person has an
ownership interest, custody, or control, in such a manner that
the person knows, or has constructive knowledge, that a minor
is likely to gain possession of the assault weapon and in fact
does obtain possession of the assault weapon.
It is a specific defense to a charge or violation of the
Boulder provision section that the assault weapon “was
located within a room or closet from which all minors were
excluded by locks” or “was stored in a locked
container.” It is an affirmative defense to civil
negligence liability that the assault weapon was stored in a
locked container.
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With certain exceptions, Denver (§ 38-131) makes
it unlawful to store any firearm in a manner that a minor (a
person under the age of 18) is likely to gain possession, if the minor does
in fact obtain possession of the firearm.
With certain exceptions, Boulder (§ 5-8-19) makes it
unlawful to store any firearm in a manner that a minor (a
person under the age of 18; § 5-8-2) is likely to gain
possession, if the minor does in fact obtain possession of the
firearm, “and either injures or kills himself or herself or
another person with the firearm or uses the firearm in
violation of federal, state or local law.
Boulder (§ 5-8-20) also requires that parents or legal
guardians “having actual or constructive knowledge of
illegal possession of a firearm by a minor” must immediately
take possession of the firearm or must immediately notify law
enforcement.
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RECORD KEEPING REQUIREMENTS -
Boulder (§ 5-8-27), Denver (§ 38-123), Lafayette (§ 55-175
to 180) and Littleton (§ 6-7-4) require firearms dealers
to keep a record of each firearm transfer, including
information about the buyer and the firearms sold. The
records must also be made available local law enforcement.
WINDOW DISPLAY OF HANDGUNS PROHIBITED - Aurora (§94-143), Boulder (§
5-8-27; applies to all firearms, not just handguns), Denver (§
38-122) and Littleton (§ 6-7-3(B)) prohibit firearms dealers from displaying handguns in any
window facing upon any street.
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Denver (§ 38-122(c)) prohibits the sale of
junk guns.
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Denver (§ 38-130(i)) and
Vail (§ 6-3H-9) make it unlawful to carry,
store or otherwise possess a magazine that will hold, or may
be modified to hold, 21 or more rounds of ammunition.
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Boulder (§ 5-8-16) prohibits minors (persons under the age
of 18; § 5-8-2) from knowingly possessing a firearm except:
during a hunter's or firearms safety course; during lawful
firearm or target shooting; during certain organized
competitions or performances; when hunting or trapping with a
valid license; when traveling to or from such activities as
previously noted; or when at the minor's residence for the
purpose of lawful self-defense. The section "does not
apply to a second or subsequent offense by a minor if the
firearm in both instances was a handgun, or if the possession
is otherwise a felony under state law."
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Broomfield (§ 9-72-020) indirectly regulates guns on
public property by making it unlawful to possess firearms
anywhere except “in a person’s dwelling, place of
business, or on property under such person’s ownership or
control...."
There are a number of affirmative defenses, including where
"the defendant was carrying the weapon pursuant to a
concealed weapons permit" or where "the weapon was
unloaded...and properly cased."
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Attorney General |
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Bureau of Alcohol, Tobacco and Firearms, Phoenix Field Division |
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Center for the Study and Prevention of Violence |
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Colorado Coalition
Against Domestic Violence |
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SAFE Colorado |
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