Gun Possession Law in Colorado

“A well regulated Militia, being necessary to the security of a free State, the right of the people to keep and bear Arms, shall not be infringed.”

These 27 words in the Bill of Rights define one of the most essential liberties that we as Americans possess. Our Founding Fathers made sure to include this language prominently as one of the new country’s guiding principles to make sure that all citizens could adequately defend themselves. This even came before many other amendments such as due process in courts.

But then things became complicated! Over the last 200-plus years, various local, state and national rules have been created to better regulate when, how and why we can have access to guns, and what circumstances exist where they aren’t allowed.

Today, gun policy is anything but simple, and evokes strong, passionate feelings from many sides. While guns still serve their original purpose of keeping our loved ones and property safe, there are some who feel there should be greater restrictions on who can buy, sell or possess them, especially those who could possibly do great harm to themselves or others.

Certainly purists, from neighborhood sportsmen to members of the Supreme Court, feel that the Second Amendment is clear, and no more rules are needed, while others believe much more must be done with regards to safety, paperwork, access to certain gun-making materials and proper legal ownership.

Between these two ranges is where things can get confusing and people can get into legal trouble, sometimes without realizing it. That’s where the firm of Anderson & Carnahan can help. With more than 30 years of legal experience, the legal team can provide representation for any local, state or federal gun-related charges or violations.

The team of Colorado defense attorneys is familiar with complex rules governing gun use and possession, whether in a civilian capacity or as a properly licensed firearms dealer. We’re happy to answer questions or discuss what permits are needed or what steps must be taken to follow protocol and achieve compliance, whether you’re buying, selling or simply possessing.

Colorado has long maintained gun ownership to be a right, and it’s one that we’ll happy to defend.

Possession/traveling rules

According to The Colorado State Patrol, firearm owners can legally possess them in a home, business or vehicle, if it’s for lawful protection of people or property. But when transported from various locations, such as from a car to a home, business or other location, the firearm must be carried openly.

Cities, counties or municipalities aren’t allowed to enact additional rules to restrict travel with a weapon.

It’s also permissible to travel in or through national forests in Colorado with a gun or guns. However, there are restrictions on discharging one within 150 yards of a home, campsite, developed recreation site or occupied area, cave, across a road or body of water, or where people or property could be injured or damaged.  There may be additional federal restrictions in some forests, parks or districts especially relating to discharging near or entering some federally-owned buildings. This can include property in national parks like visitor centers where this restriction is clearly posted.

Concealed carrying

Gun owners interested in carrying their weapon concealed must apply a permit from the sheriff’s department in the county where they live. This process and requirements can vary but generally includes fingerprinting, a background check and a small application fee. Applicants also must be at least age 21.

The permit and photo ID must be carried whenever the firearm is carried in public. However, a permit isn’t required, if it’s in a private vehicle.

Concealed permits from other states are considered valid in Colorado as long it’s from a state that equally recognizes Colorado permit holders.

State law also allows qualified current or retired law enforcement officers to be exempt from state and local laws governing carrying concealed weapons.

If a permit application is denied, a Colorado firearm attorney can assist you in finding a reason or if there’s any kind of appeal process.

Firearms Sales Options

Other legal complications can take place with people interested in legally purchasing machine guns, short-barreled rifles or shotguns, or suppressors. The Bureau of Alcohol, Tobacco and Firearms requires paperwork to purchase or transfer these items within Colorado, even to family members.

One option for legal ownership is to create a NFA Trust, a legal structure. This puts the title for the firearm in the name of the trust, rather than an individual.  This allows more than one person to legally possess and use the trust’s property, provided they are at least age 18 and can legally possess that level of firearms.

This eliminates potentially messy legal situations where family members may share weapons on a hunt or at a shooting range.

A Colorado firearms attorney can help set up this kind of trust. They can also help with the proper paperwork for a Federal Firearms License. People with this license can face fines or other punishment for incorrect or incomplete data, but a lawyer can provide proper compliance instructions and advise you of potential perils.

Colorado has developed a reputation as a state that’s friendly to gun owners. Although courts have affirmed that state laws on gun ownership generally outweigh any municipal laws, there may still be some uncertainty or misguided attempts to deprive citizens of their rights.

The firm of Anderson & Carnahan is eager to educate the community and help gun owners charged with firearm-related crimes or violations. We’re happy to answer your questions or provide a free consultation. Please contact us today at (719) 473-9099!

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