Colorado State Law Summary
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Last updated December 6, 2006.
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Please Note: to view the sections of the Colorado Constitution or Colorado Revised Statutes provided in the text below, search for the citation using the Colorado Revised Statutes web site.
 Where local regulations are known to exist on a particular policy, the
local ordinance symbol appears next to that policy heading.
For details, click the symbol next to the policy you are interested in, or go to the Colorado Local Ordinance Summary index.
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In 2004, 553 people died from firearm-related injuries in Colorado. National Center for Injury Prevention and Control, U.S. Centers for Disease Control and Prevention, WISQARS Injury Mortality Reports, 1999-2004, at http://webappa.cdc.gov/sasweb/ncipc/mortrate10_sy.html.
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Article II, § 13 of the Colorado Constitution provides that "[t]he right of no person to keep and bear arms in defense of his home, person and property, or in aid of the civil power when thereto legally summoned, shall be called in question; but nothing herein contained shall be construed to justify the practice of carrying concealed weapons."
Article II, § 13 has been interpreted by the courts of Colorado to allow reasonable regulation of this constitutional provision. In Robertson v. City and County of Denver, 874 P.2d 325 (Colo. 1994), plaintiff gun owners challenged the constitutionality of a Denver ordinance banning the manufacture, sale, and possession of assault weapons on numerous grounds, including art. II, § 13. Robertson, 874 P.2d at 327. On plaintiffs’ motion for summary judgment, the trial court concluded that art. II, § 13 guarantees a "fundamental right to bear arms." Id. Although the trial court found that Denver had generally established a compelling governmental interest in regulating assault weapons, it nevertheless invalidated the ordinance after determining that certain unseverable provisions were vague or overbroad. Id.
On appeal, the Supreme Court of Colorado reversed most of the trial court ruling, finding only one severable portion of the ordinance to be unconstitutionally vague. Id. In so holding, the supreme court stated:
While it is clear that [art. II, § 13] is an important constitutional right, it is equally clear that this case does not require us to determine whether that right is fundamental.... Rather, we have consistently concluded that the state may regulate the exercise of that right under its inherent police power so long as the exercise of that power is reasonable.
Robertson, 874 P.2d at 328.
The supreme court noted that, in its judgment, "the evidence presented to the trial court undeniably demonstrates that the ordinance is reasonably related to a legitimate governmental interest and constitutes a valid exercise of the state’s police power on the right to bear arms in self-defense." Id. at 333. The case was then remanded to the trial court, and much of the ordinance was eventually upheld by the Court of Appeals of Colorado (see Robertson v. City & County of Denver, 978 P.2d 156 (Colo. Ct. App. 1999)).
The Supreme Court of Colorado has only applied art. II, § 13 twice to overturn a law. In People v. Nakamura, 62 P.2d 246 (Colo. 1936), the supreme court struck down a statute prohibiting unnaturalized foreign-born residents ("aliens") from owning or possessing firearms. Although the court noted that it is a valid exercise of the police power for the Legislature to prohibit aliens from hunting or killing wild game (which was, ostensibly, the purpose of the law), "it cannot disarm any class of persons or deprive them of the right…to bear arms in defense of home, person or property." Id. at 247. Thirty-six years later, in City of Lakewood v. Pillow, 501 P.2d 744, 745 (Colo. 1972), a municipal ordinance barring the possession or use of any deadly weapon except in one’s home was found to be unconstitutionally overbroad, in part because the ordinance violated art. II, § 13 by prohibiting the possession of a firearm in a vehicle or at a place of business for self-defense purposes.
See also People v. Ford, 568 P.2d 26, 28 (Colo. 1977), where the court held that a statute imposing a "flat prohibition" on firearm possession by certain felons violated art. II, § 13 as applied to a defendant presenting competent evidence that his or her purpose in possessing firearms was the defense of home, person, or property.
In 2002, the Court of Appeals of Colorado considered a challenge to two Denver ordinances which precluded most citizens from carrying unconcealed firearms on their person, or from carrying concealed firearms in motor vehicles. Trinen v. City and County of Denver, 53 P.3d 754 (Colo. Ct. App. 2002). After noting that the supreme court’s decision in Robertson (see above) did not expressly state whether the art. II, § 13 right to bear arms is a fundamental right, the court of appeals opined that:
[B]y requiring that restrictions on the right be only reasonable, rather than necessary, the court essentially applied the rational basis test in evaluating the constitutionality of a city ordinance that implicated the right to bear arms. Therefore, we conclude that the court implicitly found that the right to bear arms is not a fundamental right.
Trinen, 53 P.3d at 757.
Using the rational basis test, the court found that "Trinen has not met his burden of establishing beyond a reasonable doubt that the restrictions are so severe as to render the ordinance unconstitutional." Id. at 758. The court also noted that the affirmative defenses in the Denver ordinances expressly allow the activities that the City of Lakewood v. Pillow case (see above) protected. Id. at 757-58. (In addition, the court rejected plaintiff’s preemption claims, holding that there was no conflict with Colorado law. For more information about preemption, see the Colorado Preemption section).
In March, 2003, the Colorado General Assembly passed a law which states, in part, "Section 13 of article II of the state constitution protects the fundamental right of a person to keep and bear arms." Section 29-11.7-101(1)(b). There are no cases construing this provision.
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Article XX, § 6 of the Colorado Constitution, entitled "[h]ome rule for cities and towns" provides, in part, that:
The people of each city or town of this state, having a population of two thousand inhabitants as determined by the last preceding census taken under the authority of the United States, the state of Colorado or said city or town, are hereby vested with, and they shall always have, power to make, amend, add to or replace the charter of said city or town, which shall be its organic law and extend to all its local and municipal matters.
Such charter and the ordinances made pursuant thereto in such matters shall supersede within the territorial limits and other jurisdiction of said city or town any law of the state in conflict therewith.
Article XX, § 6 is designed to "grant and confirm to the people of all municipalities coming within its provisions the full right of self-government in both local and municipal matters."
In determining the respective authority of the state legislature and home rule municipalities, the Supreme Court of Colorado has recognized three broad categories of regulatory matters: local concern, state concern, or mixed local and state concern. U.S. West Communications, Inc. v. City of Longmont, 948 P.2d 509, 515 (Colo. 1997), citing City and County of Denver v. State, 788 P.2d 764 (Colo. 1990). In matters of local concern, both home rule cities and the state may legislate, but when a home rule ordinance or charter provision and a state statute conflict, the home rule provision supersedes the conflicting state provision. Id. In matters of statewide concern, the General Assembly may adopt legislation and preempt the power of home rule municipalities to enact conflicting legislation. Finally, in matters of mixed local and state concern, a home rule municipality's charter or ordinance provision may coexist with a state statute so long as there is no conflict. Id. In the event of a conflict, the state statute supersedes the charter or ordinance. Id.
Although the three categories are not "mutually exclusive or factually perfect, several general factors are useful under a totality of circumstances test to determine whether an issue is one of state, local, or mixed local and state concern, including the need for statewide uniformity of regulation, extraterritorial impact, other state interests, and local interests." Id.
Colorado has also adopted several preemption statutes related to firearms. These statutes were either adopted or amended significantly in 2003. Colorado Revised Statutes § 29-11.7-103 provides:
A local government may not enact an ordinance, regulation, or other law that prohibits the sale, purchase, or possession of a firearm that a person may lawfully sell, purchase, or possess under state or federal law. Any such ordinance, regulation, or other law enacted by a local government prior to March 18, 2003, is void and unenforceable.
Section 29-11.7-101 refers to the regulation of firearms as a matter of "statewide concern," and declares a need for statewide uniformity of regulation in the area of firearms. That section also declares that inconsistency among local jurisdictions has an extraterritorial impact on state citizens and the general public. Id.
In addition, section 18-12-105.6(2) provides that:
[n]o 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…while traveling into, through, or within, a municipal, county, or city and county jurisdiction….
The state concealed weapons act provides in its legislative findings that "[i]t is necessary that the state occupy the field of regulation of the bearing of concealed handguns." Section 18-12-201(1)(e). However, local governments may still enact regulations prohibiting the open carrying of firearms in a building or specific area within the local government's jurisdiction, as long as the local government posts signs to that effect. Section 29-11.7-104.
Subsequent to these enactments, the City and County of Denver ("City") sued the state seeking declaratory and injunctive relief regarding Denver ordinances that, among other provisions: 1) regulated the open carrying of firearms; 2) banned assault weapons and Saturday night specials; and 3) restricted 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).
On November 5, 2004, Denver District Court Judge Joseph Meyer granted declaratory and injunctive relief to the City with regard to several ordinances and portions of ordinances. However, the court also found that state law renders some of Denver's ordinances and portions of ordinances invalid. Id.
In making its ruling, the court determined, on a case-by-case basis, whether each ordinance at issue addressed a matter of local concern, statewide concern, or mixed local and statewide concern. The court determined that Denver's ordinances regulating the open carrying of firearms, assault weapons and Saturday night specials, and the open carrying of firearms in city parks involve matters of local concern and enjoined the state from enforcing its preemption laws against the City in these areas. Id.
The court held that ordinances and portions of ordinances addressing juvenile possession of firearms, carrying concealed firearms with a permit in a public park, and concealed weapon permitting, involved matters of mixed local and state concern (the City conceded the point as to concealed weapon permitting) and were invalid where they conflicted with state law. Id.
In determining that the ordinances addressing the open carrying of firearms, assault weapons, Saturday night specials, and the open carrying of firearm in city parks were matters of local concern, the court noted the unique characteristics that differentiate Denver from other parts of the state, such as high population density and a high crime rate, stating that these characteristics outweigh the need for statewide uniformity in these areas. The court quoted a statement made by the Assistant City Attorney at oral argument, "Simply put, a bullet fired in Denver – whether maliciously by a criminal or negligently by a law-abiding citizen – is more likely to hit something or somebody than a bullet fired in rural Colorado." Id.
A similar lawsuit was filed against Denver by the Aurora Gun Club seeking to invalidate the same Denver ordinances. Aurora Gun Club v. City and County of Denver, No. 03 CV 8609 (Colo. Dist. Ct. 2004). A week after Judge Meyer issued his ruling, Denver District Court Judge Lawrence Manzanares issued an oral ruling from the bench reaching the same conclusions described above.
The Supreme Court of Colorado considered the appeal of these two cases in early 2006. On June 5, 2006, in an unusual 3-3 court deadlock, the aforementioned lower-court decisions were allowed to stand. Thus, Denver may now enforce its ordinances regulating the open carrying of firearms generally and in city parks, and banning assault weapons and Saturday night specials. Because the split provided no clear ruling on the preemption issues involved with these firearm ordinances, additional legal challenges may be forthcoming.
Colorado Revised Statutes § 29-11.7-102(1) provides that a local government, including a law enforcement agency, shall not maintain a list or other form of record or database of:
(a) Persons who purchase or exchange firearms or who leave firearms for repair or sale on consignment;
(b) Persons who transfer firearms, unless the persons are federally licensed firearms dealers;
(c) The descriptions, including serial numbers, of firearms purchased, transferred, exchanged, or left for repair or sale on consignment.
Finally, state law prohibits local governments from enacting noise regulations concerning shooting ranges. See section 25-12-109(1). Counties may regulate the discharge of firearms in areas with an average population of at least one hundred persons per square mile. Section 30-15-302.
Please see the Preemption section of the Master List of Firearms Policies for a general discussion of this issue, as well as the Federal Preemption section of the Federal Law Summary page.
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For general information on each policy, click the heading for that policy.
Please note that many firearm-related laws have exceptions for military and law enforcement personnel.
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No relevant statutes currently exist.
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Federal law generally requires that licensed firearms
dealers conduct a background check on all prospective
firearms purchasers to ensure that such persons are not
prohibited from buying or possessing a firearm. This
background check requirement and the National Instant
Criminal Background Check System (“NICS”) were enacted
through the Brady Handgun Violence Prevention Act, pursuant
to Public Law 103-159, and codified at 18
U.S.C. § 921 et seq. Federal law
defines a number of classes of prohibited purchasers
(including felons, fugitives, persons adjudicated as
“mental defectives” or those committed to mental
institutions), and leaves to the states the power to
determine additional classes. (For a complete list of
federally prohibited purchasers, click here.)
Under the Brady Act, states have the option of serving as
a “state point of contact” and conducting their own
background checks using NICS and state informational records
and databases, or having the checks performed by the FBI
using only NICS. Federal law does not require that
private sellers (persons other than firearms dealers)
conduct background checks on prospective purchasers.
In Colorado, all firearms transfers by licensed dealers are processed by the Colorado Bureau of Investigation (“CBI”) which enforces the federal purchaser prohibitions referenced above. Bureau of Justice Statistics Survey of State Procedures Related to Firearm Sales, Midyear 2004 (August 2005); Colo. Rev. Stat. § 24-33.5-424(2). In addition, Colorado has adopted other classes of prohibited persons, and incorporated some of the federal prohibitions as state offenses. Subject to certain limited exceptions, no person shall possess a firearm if he or she:
Has been convicted of a felony, attempt or conspiracy to commit a felony under any state or federal law, per section 18-12-108; Has been adjudicated for an act which, if committed by an adult, would constitute a felony, attempt or conspiracy to commit a felony under any state or federal law, per section 18-12-108; or Is under the age of 18 (for the knowing possession of a handgun), per section 18-12-108.5.
In addition, in cases in which there has been no final disposition or the final disposition is not noted in the NICS or state databases, section 24-33.5-424(3)(b) requires the CBI to deny transfer of a firearm to a person who:
Has been arrested for or charged with a crime that would prohibit him or her from purchasing, receiving, or possessing a firearm under state or federal law; or Is the subject of an indictment, an information, or a felony complaint alleging that the prospective transferee has committed a crime punishable by imprisonment for a term exceeding one year as defined in 18 U.S.C. § 921(a)(20).
Section 24-33.5-424(b) will be automatically repealed July 1, 2010.
Firearms transfers by private sellers (non-firearms dealers) are not subject to background checks in Colorado, except when a firearm is transferred at a gun show. Federal and state purchaser prohibitions still apply. See the Colorado Private/Secondary Sales and Colorado Gun Shows sections.
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No relevant statutes currently exist.
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Possession Restrictions
Except for concealed carry permit holders, no person may possess a firearm in a building in which the chambers, galleries, or offices of the state general assembly or any member, officer, or employee of the general assembly are located, or in which a legislative hearing or meeting is taking place. Colo. Rev. Stat. § 18-12-105(c).
No person may "knowingly and unlawfully and without legal authority" carry a firearm on the property of a public or private elementary school, middle school, junior high or high school, vocational school, or any public or private college, university or seminary. Section 18-12-105.5. Some exceptions exist for concealed carry permit holders.
Local governments may enact regulations prohibiting open carrying of firearms in a building or specific area within the local government's jurisdiction as long as signs are posted to that effect. Section 29-11.7-104.
Colorado prohibits any person from possessing a loaded firearm in, or carrying or bringing a loaded firearm into, any facility of public transportation. Section 18-9-118.
Concealed weapons permit holders are subject to additional location limits. Please see the Location Limits subsection below for further information.
Transportation of Firearms
A person may carry a concealed firearm, regardless of a permit, while in a private automobile or other private conveyance, for lawful protection while traveling. Section 18-12-105(2)(b). In addition, section 18-12-105.6 provides that local governments may not restrict a person's ability to travel in a private automobile or other private conveyance while in possession of a weapon for hunting or lawful protection while traveling.
Section 33-6-125 prohibits any person from possessing or having under his or her control any firearm other than a handgun in or on any motor vehicle unless the chamber of the firearm is unloaded.
Subject to limited exceptions, section 33-14-117(1)(b) prohibits any person from operating or riding on any snowmobile with any firearm in his or her possession, unless the firearm is unloaded and enclosed in a carrying case.
Concealed Weapons Licensing Requirements
Colorado is a "shall issue" state, meaning that local law enforcement must issue a concealed weapons permit if the applicant meets certain qualifications. Pursuant to section 18-12-203(1), the sheriff must issue a permit to any person who:
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Is a
legal resident of Colorado;
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Is at least 21 years of age;
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Is
eligible under state and federal law to possess a firearm;
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Has not
been convicted of perjury related to an application for a
concealed weapon permit;
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Does not chronically and habitually use alcohol to the extent that her or his faculties are impaired;
Is not an unlawful user of or addicted to a controlled substance; Is not subject to a domestic violence protection order; and Demonstrates competence with a handgun.
The applicant will be charged a fee, not to exceed $100, and must provide photographs, fingerprints, and evidence of competence with a handgun. Sections 18-12-205(2)(b) through 18-12-205(4)(b). The applicant may demonstrate competence with a handgun in one of six ways. See section 18-12-203(1)(h).
A sheriff may deny a permit if the above criteria are not met and/or upon a reasonable belief, based on documented past behavior, that the applicant is likely to present a danger to himself, herself or others if issued a permit. Sections 18-12-203(2) and 18-12-203(3a).
Persons other than law enforcement who carry a concealed firearm without a permit commit a misdemeanor. Section 18-12-105(1). A permit is not required to carry a concealed firearm in one's own home or business, for protection while traveling in a private vehicle, or while hunting. Sections 18-12-105(2) and 18-12-204(3)(a).
Disclosure or Use of Information
Local sheriffs must keep a list of persons to whom permits have been issued and may share the information with law enforcement for the purpose of determining the validity of a permit. Section 18-12-206(3)(a). Beginning July 1, 2007, law enforcement may not use information from local sheriffs to maintain a statewide database of permittees and must remove permittee information gained from local sheriffs from any statewide database by that date. Section 18-12-206(3)(b). The Colorado Bureau of Investigation may only use applicants' fingerprints to obtain information for sheriffs for the purpose of granting or revoking a permit. Section 18-12-208.
Duration & Renewal
A permit to carry a concealed firearm is valid for five years from the date of issuance. Section 18-12-204(1)(b). To renew a permit, the permittee must submit an application which requires the same information required for the original permit, including fingerprints. Section 18-12-211. After six months of its expiration date, a permit is considered permanently expired and cannot be renewed. Id.
Location Limits
A permittee may only carry a handgun on the property of a public elementary, middle, junior high or high school if he or she is on duty as a security guard for the school or if the handgun is in his or her private vehicle. Section 18-12-214(3). If he or she is not in the vehicle, the firearm must be stored in a compartment in the vehicle with the vehicle locked. Id.
No person, regardless of a permit, may carry a concealed handgun into a public building at which security personnel and electronic screening devices are permanently in place at each entrance, each person entering the building is screened, and persons carrying weapons are required to leave them with security while in the building. Section 18-12-214(4).
Concealed weapons permit holders are subject to generally applicable limits on the locations where firearms may be carried, except as otherwise noted. Please see the Possession Restrictions section above for further information.
Reciprocity
Pursuant to section 18-12-213, a permit to carry a concealed handgun issued to a person 21 years of age or older by a state that recognizes the validity of Colorado concealed carry permits is valid in Colorado.
Brady Exemption
Concealed weapons permit holders in Colorado are not exempt from background checks when purchasing a firearm, according to the Bureau of Alcohol, Tobacco, Firearms and Explosives (ATF) chart that outlines those permits that qualify as alternatives to the Brady Act. Please note that ATF's exempt status determination for a given state is subject to change without notice.
Under federal law, persons who have been issued state permits to purchase or possess firearms are exempt from background checks if those permits were issued: 1) within the previous five years in the state in which the transfer is to take place; and 2) after an authorized government official has conducted a background investigation, including a search of the NICS database, to verify that possession of a firearm would not be unlawful. 18 U.S.C. § 922(t)(3), 27 C.F.R. § 478.102(d).
Temporary Emergency Permits
Under section 18-12-209, a sheriff "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." The criteria to obtain the permit are similar
to those of the non-emergency permit, except that no evidence of competence
with a handgun is required and the applicant need only be age 18 or older. Id.
The emergency permit is valid for 90 days from the date of issuance and may
be renewed only once. However, if the permittee is less than twenty-one years
of age, the sheriff can renew the permit until the permittee reaches the age
of twenty-one. Id.
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Pursuant to Colorado Revised Statutes § 18-12-108.7, a person is criminally liable for a felony who:
Intentionally, knowingly, or recklessly provides a handgun to any person under age 18; -
Knows
of a juvenile’s unlawful possession of a handgun and fails
to make reasonable efforts to prevent the juvenile’s
conduct;
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Is
aware of a substantial risk that a juvenile will use a
handgun to commit a felony and permits the juvenile to
possess a handgun; or
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Is
aware of a substantial risk that a juvenile will use a
handgun to commit a felony and fails to make reasonable
efforts to prevent the commission of the offense.
Pursuant to section 18-12-108.7(3), a person who sells, rents, or transfers a long gun to a juvenile without the consent of his or her parent or guardian commits a misdemeanor. The same applies to a person who allows unsupervised possession of a long gun to a juvenile without the consent of his or her parent or guardian. Id.
In family child care homes, firearms must be unloaded at all times when children are in the home, and must be locked and inaccessible to children. See 12 Colo. Code Regs. § 2509-8.
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Colorado does not license firearms dealers. However, firearms dealers are subject to state laws governing gun sales generally. See the Colorado Private/Secondary Sales section for further information. Pursuant to the Brady Act, federally licensed firearms dealers must conduct background checks on prospective purchasers each time the dealer transfers a firearm. See the Colorado Background Checks section.
In addition, state law requires federally licensed firearms dealers to make a record of each handgun transfer, including the purchaser's name, age, occupation and address; the make, caliber, finish, and serial number/letter of the handgun; and the date and name of the transferring employee. Colo. Rev. Stat. § 12-26-102. These records must be open at all times to inspection by law enforcement. Id.
Federally licensed firearms dealers are also required to post a sign stating Colorado's prohibition on knowingly purchasing or obtaining a firearm on behalf of or for transfer to another person the purchaser knows or reasonably should know is ineligible to possess a firearm. Section 18-12-111. The dealer must post the sign in an easily readable manner, in an area that is visible to the public at each location from which the dealer sells firearms to the general public. Id.
Federally Licensed Firearms Dealers
There are 1,296 federally licensed firearms dealers and pawnbrokers in Colorado. Federal firearms licensee totals for Colorado as of October 19, 2006 were provided by the U.S. Department of Justice, Bureau of Alcohol, Tobacco, Firearms and Explosives.
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In 2000, Coloradans voted in favor of a ballot initiative to require background
checks at gun shows. As a result, all firearms transfers at gun shows must
be processed by a licensed firearms dealer. Colo. Rev. Stat. § 12-26.1-101.
Prospective purchasers are subject to the same background check process
that applies to retail firearms transfers and the processing dealers must
record the transfer and retain the records in the same manner as with retail
transfers (see the Colorado Background Checks and Dealer
Regulations sections). Id., section 12-26.1-102. Firearms
dealers may charge a fee of up to $10 for conducting the background check,
and gun show promoters must prominently post a notice setting forth the
requirement for a background check. Sections 12-26.1-103 and 12-26.1-104.
These provisions do not apply to the transfer of antique firearms, curios
or relics, as defined under federal law. Section 12-26.1-105; also see 18
U.S.C. § 921(a)(16) and 27
C.F.R. § 478.11.
Section 12-26.1-106 defines a gun show as:
[T]he entire premises provided for an event or function, including but not limited to parking areas for the event or function, that is sponsored to facilitate, in whole or in part, the purchase, sale, offer for sale, or collection of firearms at which: (a) twenty-five or more firearms are offered or exhibited for sale, transfer, or exchange; or (b) not less than three gun show vendors exhibit, sell, offer for sale, transfer, or exchange firearms.
See the Colorado Private/Secondary Sales section for state laws that apply at gun shows.
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Pursuant to Colorado Revised Statutes § 13-21-504.5(1):
A person or other public or private entity may not bring an action in tort, other than a product liability action, against a firearms or ammunition manufacturer, importer, or dealer for any remedy arising from physical or emotional injury, physical damage, or death caused by the discharge of a firearm or ammunition.
Product liability actions for injury, damage, or death caused by the discharge of a firearm or ammunition may be based only upon "an actual defect in the design or manufacture of such firearm or ammunition and not upon the inherent potential of a firearm or ammunition to cause injury, damage, or death when discharged." Section 13-21-501.
Section 13-21-504.5 prohibits a firearms or ammunition manufacturer, importer, or dealer from being held liable as a third party "for the actions of another person." Plaintiffs are liable for attorney fees in suits dismissed under the law. Id.
Section 13-21-504.5(4) permits actions against a firearm or ammunition manufacturer, importer, or dealer for any damages proximately caused by an act of the manufacturer, importer, or dealer in violation of a state or federal statute or regulation. In any such action, the plaintiff has the burden of proving by clear and convincing evidence that the defendant violated the state or federal statute or regulation. Id.
Section 13-21-504 provides rules regarding proximate cause relevant to product liability actions involving firearms or ammunition:
(1) In a product liability action, the actual discharge of a firearm or ammunition shall be the proximate cause of injury, damage, or death resulting from the use of such product and not the inherent capability of the product to cause injury, damage, or death.
(2) The manufacturer's, importer's, or distributor's placement of a firearm or ammunition in the stream of commerce, even if such placement is found to be foreseeable, shall not be conduct deemed sufficient to constitute the proximate cause of injury, damage, or death resulting from a third party's use of the product.
(3) In a product liability action concerning the accidental discharge of a firearm, the manufacturer's, importer's, or distributor's placement of the product in the stream of commerce shall not be conduct deemed sufficient to constitute proximate cause, even if accidental discharge is found to be foreseeable.
(4) In addition to any limitation of an action set forth in section 13-80-119, in a product liability action brought by the criminal, it shall be an absolute defense that the injury, damage, or death immediately resulted from the use of the firearm or ammunition during the commission of the criminal act which is a felony or a class 1 or class 2 misdemeanor.
Finally, section 25-12-109(3) provides that "[n]otwithstanding any other law or municipal or county ordinance, rule, or order regulating noise to the contrary:
(a) A local governmental official may not commence a civil action nor seek a criminal penalty against a qualifying sport shooting range or its owners or operators on the grounds of noise emanating from such range that results from the normal operation or use of the qualifying shooting range except upon a written complaint from a resident of the jurisdiction in which the range is located. The complaint shall state the name and address of the complainant, how long the complainant has resided at the address indicated, the times and dates on which the alleged excessive noise occurred, and such other information as the local government may require. The local government shall not proceed to seek a criminal penalty or pursue a civil action against a qualifying sport shooting range on the basis of such a noise complaint if the complainant established residence within the jurisdiction after January 1, 1985.
(b) No person may bring any suit in law or equity or any other claim for relief against a qualifying sport shooting range located in the vicinity of the person's property or against the owners or operators of such range on the grounds of noise emanating from the range if:
(I) The qualifying range was established before the person acquired the property;
(II) The qualifying range complies with all laws, ordinances, rules, or orders regulating noise that applied to the range and its operation at the time of its construction or initial operation;
(III) No law, ordinance, rule, or order regulating noise applied to the qualifying range at the time of its construction or initial operation.
For detailed information about government and private party lawsuits against the gun industry, the status of litigation involving gun industry immunity statutes in various states, or pending gun industry immunity legislation, visit the Brady Center's Legal Action Project and the Coalition to Stop Gun Violence's Gun Industry Immunity page.
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No relevant statutes currently exist.
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No relevant statutes currently exist.
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No relevant statutes currently exist.
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No relevant statutes currently exist. Colorado provides by regulation that firearms kept in family child care homes must be unloaded at all times when children are in the home, and must be locked and inaccessible to children. See 12 Colo. Code Regs. § 2509-8.
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Pursuant to Colorado Revised Statutes § 18-12-108.5, persons under 18 years of age may not knowingly possess handguns except:
When in attendance at 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; -
When on real property under the control of the person's
parent, legal guardian or grandparent with the permission
of
such person's parent, legal guardian or grandparent; or
When at the person's residence, with the permission of
the person's parent or legal guardian, for the purpose of
lawful self-defense.
There is no minimum age to possess rifles and shotguns in
Colorado.
For additional age-related restrictions, see the Colorado Child Access Prevention section.
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No relevant statutes currently exist.
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No relevant statutes currently exist.
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Firearm transfers between unlicensed persons must be processed by a licensed firearms dealer (subjecting the prospective purchaser to a background check) if the transfer occurs at a gun show. See the Colorado Gun Shows section. Otherwise, private firearms transfers (i.e., transfers by non-firearms dealers) are not subject to a background check requirement in Colorado, although federal and state purchaser prohibitions still apply. See the Colorado Background Checks section.
Pursuant to Colorado Revised Statutes § 18-12-108.7, a person is criminally liable for a felony who:
Intentionally, knowingly, or recklessly provides a handgun to any person under age 18; Knows of a juvenile's unlawful possession of a handgun and fails to make reasonable efforts to prevent the juvenile's conduct; Is aware of a substantial risk that a juvenile will use a handgun to commit a felony and permits the juvenile to possess a handgun; or Is aware of a substantial risk that a juvenile will use a handgun to commit a felony and fails to make reasonable efforts to prevent the commission of the offense.
In addition, a person who sells, rents, or transfers a long gun to a juvenile without the consent of his or her parent or guardian commits a misdemeanor. Section 18-12-108.7(3). The same applies to a person who allows unsupervised possession of a long gun to a juvenile without the consent of his or her parent or guardian. Id.
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Colorado Revised Statutes § 29-11.7-102(1) provides that a local government, including a law enforcement agency, shall not maintain a list or other form of record or database of:
(a) Persons who purchase or exchange firearms or who leave firearms for repair or sale on consignment;
(b) Persons who transfer firearms, unless the persons are federally licensed firearms dealers;
(c) The descriptions, including serial numbers, of firearms purchased, transferred, exchanged, or left for repair or sale on consignment.
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No relevant statutes currently exist.
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Bureau of Alcohol, Tobacco, Firearms and Explosives, Phoenix Field Division (AZ, CO, NM, UT, WY) |
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Center for the Study and Prevention of Violence |
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Colorado Attorney General |
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Colorado Coalition
Against Domestic Violence |
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