Colorado has several types of laws and policies that take effect when a person attempts to purchase, obtain, own or sell a firearm.
All laws and regulations are in effect unless otherwise noted. Colorado Revised Statutes (C.R.S.) are posted on the Colorado Legal Resources Public Access Website.
Key points
- Federal law requires licensed firearm dealers, also called Federal Firearm Licensees (FFLs), to initiate a background check before the sale or transfer of a firearm. In Colorado, background checks are required to be conducted by FFLs for new commercial purchases, private transfers, and sales. This is paid for by the buyer or person obtaining the firearm, not taxpayers. (C.R.S. §18-12-122).
- It is a felony to knowingly purchase or acquire a firearm for a legally prohibited person, whether under federal or state law. (C.R.S §18-12-111). This act is sometimes called a straw purchase.
- In Colorado, there is no mandatory firearm registration. State law (C.R.S. §29-11.7-102) specifically prohibits local governments, including law enforcement agencies, from keeping records or databases related to:
- Individuals who buy, exchange, or leave firearms for repair or consignment sale.
- Individuals who transfer firearms. This does not include FFLs.
- Descriptions, including serial numbers of firearms purchased, transferred, exchanged, or left for repair or sale on consignment.
- Colorado SB24-003, effective August 7, 2024, provides the CBI authority to investigate specific and illegal activity involving firearms in the state, with the requirement to communicate with local law enforcement prior to engaging in investigations or enforcement. The bill intends to expand CBI’s ability to investigate attempts by felons to purchase firearms, activity involving illegal firearm components, and activity related to straw purchases or ghost guns.
- The minimum age required to purchase a firearm is 21 years old for all firearms (C.R.S. §18-12-112). However, the minimum age for purchasing rifles, specifically, is still being challenged in court as of March 2025.
- As of July 1, 2013, any person who is not a licensed firearm dealer must conduct a background check before transferring or attempting to transfer possession of a firearm to another person.
- The prospective transferee must undergo a background check in accordance with C.R.S. §24-33.5-424.
- The transfer must receive approval from the Bureau after a background check has been requested by a licensed gun dealer.
- Requirements for Non-Licensed Firearm Transferors:
- Non-licensed firearm transferors must arrange for a licensed gun dealer to conduct the required background check.
- The licensed firearm dealer is responsible for recording the transfer, retaining the records, and complying with all state and federal laws.
- Prospective firearm transferees cannot take possession of the firearm until the transferor obtains approval from the CBI following the background check.
- Once approved, the results of the background check are valid for 30 calendar days, allowing the transferor and transferee to complete the transfer process.
- C.R.S. §18-12-112: Firearm Transfer Background Check Requirements:
- HB 21- 1298 enhanced background check requirements for firearm transfers, ensuring that individuals prohibited by law from possessing firearms cannot acquire them.
- Introduced provisions to regulate firearm transfers. Under the law, licensed firearm dealers must obtain approval from the Colorado Bureau of Investigation (CBI) before transferring a firearm.
- The CBI is prohibited from approving transfers to individuals with certain misdemeanor convictions and must ensure that the background investigation is complete and the transfer is compliant with federal and state laws. (C.R.S. §24-33.5-424)
- The law allows the denial of the transfer of a firearm if there is an ongoing criminal case or if the final disposition of certain offenses has not been reached. In cases where the final disposition is unavailable, CBI will deny the transfer.
- Individuals who are denied firearm transfers following a background check have the right to appeal. The law sets a 60-day deadline for the CBI to review the background check records and make a final administrative decision regarding the denial.
- Transfer of antique firearms or curios/relics.
- Bonafide gifts or loans between immediate family members (spouses, parents, children, siblings, grandparents, grandchildren, nieces, nephews, first cousins, aunts, and uncles).
- Transfers due to operation of law or upon the death of a person, where the transferor serves as an executor, administrator, or trustee.
- Temporary transfers for self-defense purposes in the home to prevent imminent death or serious bodily injury.
- Temporary transfers at shooting ranges, firearm shooting competitions, or while engaging in legal hunting, fishing, target shooting, or trapping activities.
- Transfers made to facilitate firearm repair or maintenance, provided all parties involved can legally possess a firearm.
- Temporary transfers in the continuous presence of the owner of the firearm.
- Temporary transfers lasting no more than 72 hours.
- Transfers of firearms by members of the armed forces who will be deployed outside the United States within the next 30 days to immediate family members.
- Consequences of Violations
- Any person who transfers a firearm in violation of the law may be held jointly and separately liable for civil damages caused by the transferee's subsequent use of the firearm. This is considered a Class 1 misdemeanor.
- Additionally, individuals convicted of violating this law will be prohibited from possessing a firearm for two years, starting from the date of their conviction.
- As of October 2023, Colorado has a three-day waiting period before a firearms seller may deliver a firearm to a purchaser (C.R.S. §18-12-115). The waiting period is three days after the initiation of a required background check of the purchaser, or until the purchase is approved following any background check, whichever occurs later. Delivering a firearm before the waiting period ends is a civil infraction, punishable by a fine.
- The CBI shall charge a fee for performing instant criminal background checks for firearm transfers.
- The fee charged should cover the direct and indirect costs associated with the background check.
- The fees collected will be transmitted to the State Treasurer for credit to the instant criminal background check cash fund.
- The State Court Administrator must report relevant convictions to the CBI and the NICS, indicating the individual's firearm possession prohibition for two years.
Federal law prohibits the sale to or possession of a firearm by a person who is:
- Convicted of a felony or domestic violence misdemeanor or are subject to certain domestic violence restraining orders.
- Under indictment for a felony.
- Has been previously determined mentally incapacitated or if that person was involuntarily committed to a mental health treatment facility.
- Dishonorably discharged from the armed forces.
- A person who has renounced U.S. citizenship.
- Unlawfully in the United States or admitted to the United States under a nonimmigrant visa.
- An unlawful user or addicted to marijuana or any depressant, stimulant, narcotic, or other controlled substance.
- A fugitive.
- Colorado also prohibits possession to those with an Extreme Risk Protection Order (ERPO laws are commonly referred to as “red flag laws”). An ERPO is a civil order granted by a judge to prohibit an individual from purchasing or possessing a firearm if they are at imminent risk of hurting themselves or others.
Firearm owners in Colorado are required to report a lost or stolen firearm to a local law enforcement agency within five days of discovering the loss or theft (C.R.S. §18-12-112). Failure to report a lost or stolen firearm can result in penalties, including fines. This law is part of broader efforts to prevent firearms from being used in crimes after being lost or stolen. The intent is to ensure that law enforcement has up-to-date information on missing firearms to assist in tracing them and to reduce the risk of illegal firearm possession.