Colorado gun charges and penalties
Last verified against primary sources: · Updated
Colorado firearm offenses run from a $25 civil infraction up to felonies, and the class depends on the specific statute. Unlawfully carrying a concealed weapon (§ 18-12-105), prohibited use including carrying while intoxicated (§ 18-12-106), and carrying a firearm on school grounds (§ 18-12-105.5) are class 1 misdemeanors. Possession of a weapon by a previous offender (§ 18-12-108) is a class 5 felony, and possessing a "dangerous weapon" such as a machine gun or short-barreled rifle (§ 18-12-102) is also a class 5 felony.
Carrying offenses
Unlawfully carrying a concealed weapon — § 18-12-105
Carrying a concealed knife or firearm without a statutory exception or a valid permit is a class 1 misdemeanor.
A person commits a class 1 misdemeanor if the person knowingly and unlawfully: (a) Carries a knife concealed on or about his or her person; or (b) Carries a firearm concealed on or about his or her person;
A common error worth flagging: many summaries call this a class 2 misdemeanor. The current statute makes it a class 1 misdemeanor. The subsection (2) exceptions include carrying in your own dwelling, business, or property you control; in a private automobile while traveling for lawful protection of a person or property; and carrying under a valid Colorado concealed-carry permit. See the concealed carry hub for how a permit changes this analysis.
Firearms on school, college, and university grounds — § 18-12-105.5
The penalty here depends on the weapon. Carrying a firearm on those grounds is a class 1 misdemeanor; carrying a non-firearm deadly weapon is a class 6 felony.
(I) A person who violates subsection (1)(a) of this section commits a class 6 felony if the weapon involved is a deadly weapon other than a firearm, as defined in section 18-1-901. (II) A person who violates subsection (1)(a.5) of this section commits a class 1 misdemeanor.
Subsection (1)(a.5), added in 2024, is the prong that bars carrying a firearm (open or concealed) on school, college, or university grounds and at licensed child care centers. The statute's exceptions include an unloaded weapon in a vehicle at a college, carrying under a valid permit as authorized by § 18-12-214(3), and on-duty school resource officers and peace officers.
Prohibited use of weapons — § 18-12-106
Aiming a firearm at another person, reckless or criminally negligent discharge, setting a loaded booby-trap gun, and — importantly — possessing a firearm while under the influence of alcohol or a controlled substance are all class 1 misdemeanors.
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).
Holding a concealed-carry permit is no defense to the intoxicated-possession prong. A related escalator, § 18-12-107, makes a second conviction within five years under §§ 18-12-103, 18-12-105, or 18-12-106 a class 5 felony.
Prohibited persons
Possession of a weapon by a previous offender (POWPO) — § 18-12-108
POWPO makes it a class 5 felony to possess a firearm (or other weapon covered by article 12) after a qualifying felony conviction.
A person commits the crime of possession of a weapon by a previous offender if the person knowingly possesses, uses, or carries upon his or her person a firearm as defined in section 18-1-901 (3)(h) or any other weapon that is subject to the provisions of this article 12 subsequent to the person's conviction for a felony crime as defined in section 24-4.1-302 (1) or listed in subsection (7) of this section, or subsequent to the person's conviction for attempt or conspiracy to commit a crime as defined in section 24-4.1-302 (1) that is a felony, pursuant to Colorado or any other state's law or pursuant to federal law.
A person commits a class 5 felony if the person violates subsection (1) or (3) of this section. A person who violates subsection (1) or (3) of this section and used or threatened the use of the firearm in the commission of another crime is not eligible for probation or any other alternative sentence and shall be sentenced to the department of corrections.
The predicates are (a) any felony conviction (Colorado, another state, or federal) that fits § 24-4.1-302(1) or the long enumerated list in subsection (7); (b) certain juvenile adjudications (with a 10-year lookback and a good-cause relief mechanism); and, as of May 2025, (c) a prior first-degree motor vehicle theft. A felony conviction under SB25-003's specified-semiautomatic-firearm law also became a POWPO predicate, § 18-12-108(7)(jjj).
Restraining orders and misdemeanor domestic-violence convictions are not, by themselves, Colorado POWPO predicates. They instead trigger the separate federal bar (below), a separate state relinquishment mandate (below), and disqualification from holding a concealed-carry permit. For the full picture of who cannot lawfully possess a firearm, see what disqualifies you from owning a gun in Colorado.
Federal prohibited persons — 18 U.S.C. § 922(g)
Federal law bars several categories of people from possessing firearms or ammunition, and it applies in Colorado independently of state law. A federally licensed dealer must deny a transfer to anyone in these categories regardless of what Colorado law says.
It shall be unlawful for any person to ship or transport in interstate or foreign commerce, or possess in or affecting commerce, any firearm or ammunition; or to receive any firearm or ammunition which has been shipped or transported in interstate or foreign commerce, who—
The nine categories are:
- (g)(1) anyone convicted of a crime punishable by imprisonment for more than one year;
- (g)(2) fugitives from justice;
- (g)(3) unlawful users of, or persons addicted to, a controlled substance;
- (g)(4) anyone adjudicated as a "mental defective" or committed to a mental institution;
- (g)(5) certain unlawful aliens and nonimmigrant visa holders;
- (g)(6) veterans discharged under dishonorable conditions;
- (g)(7) people who have renounced U.S. citizenship;
- (g)(8) people subject to a qualifying domestic-violence restraining order (issued after notice and a hearing, containing the findings the statute specifies);
- (g)(9) anyone convicted of a misdemeanor crime of domestic violence.
Domestic-violence relinquishment — § 18-6-801(8)
Separate from POWPO, Colorado imposes its own relinquishment mandate on anyone convicted of a misdemeanor crime of domestic violence.
Shall order the defendant to: (A) Refrain from possessing or purchasing any firearm or ammunition until the defendant's sentence is satisfied; and (B) Relinquish any firearm or ammunition in the defendant's immediate possession or control...
Relinquishment must occur within 24 hours of sentencing (extendable by another 24 hours), followed by a mandatory compliance hearing 8–12 business days later.
Red flag / extreme risk protection orders — article 13-14.5
Colorado's red-flag law (the Deputy Zackari Parrish III Violence Prevention Act) lets a court order a person to surrender firearms if it finds a significant risk that the person will injure themselves or others. A temporary order uses a preponderance-of-the-evidence standard; a full 364-day order requires clear and convincing evidence.
A petition for an extreme risk protection order may be filed by a family or household member of the respondent, a community member, or a law enforcement officer or agency.
The "community member" petitioner category was added by SB23-170 in 2023; it covers a health-care or mental-health professional who treated the respondent (or the respondent's child) within the prior six months, or an educator who interacted with them in that window. Before 2023, only family or household members and law enforcement could petition.
Change coming August 12, 2026: SB26-004 (signed April 6, 2026) expands the list of who may petition for an extreme risk protection order — adding co-responders and, per the bill summary, additional institutional petitioners. Its effective date is August 12, 2026. See the bill page.
Violating an extreme risk protection order is a class 2 misdemeanor.
Any person who has in the person's custody, possession, or control a firearm, or purchases, possesses, or receives a firearm with knowledge that the person is prohibited from doing so by an extreme risk protection order or temporary extreme risk protection order issued pursuant to this article 14.5 is guilty of a class 2 misdemeanor.
Storage, reporting, and possession offenses
Safe storage — § 18-12-114
Failing to responsibly and securely store a firearm where a juvenile or a prohibited resident can access it is a class 2 misdemeanor.
(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.
Subsection (1) defines "responsibly and securely stored" — carried on your person or close enough to readily retrieve; in a locked safe or secure container; with a locking device installed; or a personalized firearm with its safety characteristics activated. The statute does not apply to antique firearms, curios, or relics.
Reporting a lost or stolen firearm — § 18-12-113
An owner who reasonably believes a firearm is lost or stolen must report it to law enforcement within five days.
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.
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.
Known as the Isabella Joy Thallas Act. It does not apply to licensed gun dealers, and a person who reports is immune from prosecution for related storage offenses.
Dangerous and illegal weapons — § 18-12-102
Colorado has no separate state ban on NFA items; instead it makes possessing a "dangerous weapon" — which includes a firearm silencer, machine gun, rapid-fire device, short shotgun, or short rifle — a class 5 felony, with an affirmative defense for a valid federal permit and license. "Illegal weapons" (blackjack, gas gun, ballistic knife, metallic knuckles) are a class 1 misdemeanor.
(1) As used in this section, the term dangerous weapon means a firearm silencer, machine gun, rapid-fire device, short shotgun, or short rifle. (2) As used in this section, the term illegal weapon means a blackjack, gas gun, ballistic knife, or metallic knuckles. (3) A person who knowingly possesses a dangerous weapon commits a class 5 felony. (4) A person who knowingly possesses an illegal weapon commits a class 1 misdemeanor. (5) It shall be an affirmative defense to the charge of possessing a dangerous weapon, or to the charge of possessing an illegal weapon, that the person so accused was a peace officer or member of the armed forces of the United States or Colorado National Guard acting in the lawful discharge of his duties, or that said person has a valid permit and license for possession of such weapon.
"Rapid-fire device" (added to the dangerous-weapon list by 2023 legislation and carried forward by SB25-003) covers rate-of-fire-increasing parts such as bump stocks and binary triggers, making simple possession a felony. Because federal NFA compliance supplies the "valid permit and license" affirmative defense, see are suppressors legal in Colorado for how that works in practice.
At-a-glance: offense classes
| Offense | Statute | Class |
|---|---|---|
| Failure to report a lost/stolen firearm (1st offense) | § 18-12-113 | Civil infraction ($25) |
| Unlawful safe storage | § 18-12-114 | Class 2 misdemeanor |
| Violating an extreme risk protection order | § 13-14.5-111 | Class 2 misdemeanor |
| Unlawfully carrying a concealed weapon | § 18-12-105 | Class 1 misdemeanor |
| Prohibited use (incl. carrying while intoxicated) | § 18-12-106 | Class 1 misdemeanor |
| Carrying a firearm on school grounds | § 18-12-105.5 | Class 1 misdemeanor |
| Possessing an "illegal weapon" | § 18-12-102 | Class 1 misdemeanor |
| Carrying a non-firearm deadly weapon on school grounds | § 18-12-105.5 | Class 6 felony |
| Possession of a weapon by a previous offender (POWPO) | § 18-12-108 | Class 5 felony |
| Possessing a "dangerous weapon" | § 18-12-102 | Class 5 felony |
This page describes what the statutes say; it is not legal advice. If you are facing a charge or a protection-order proceeding, consult a Colorado attorney.
Common questions
Is carrying a concealed weapon a felony in Colorado?
No. Unlawfully carrying a concealed weapon under C.R.S. § 18-12-105 is a class 1 misdemeanor, not a felony. Many summaries incorrectly call it a class 2 misdemeanor, but the current statute makes it class 1.
What is POWPO in Colorado?
POWPO stands for "possession of a weapon by a previous offender" (C.R.S. § 18-12-108). It is a class 5 felony to knowingly possess a firearm or other article-12 weapon after a qualifying felony conviction, certain juvenile adjudications, or a prior first-degree motor vehicle theft.
Is it illegal to carry a gun while drinking in Colorado?
Yes. Possessing a firearm while under the influence of alcohol or a controlled substance is a class 1 misdemeanor under C.R.S. § 18-12-106(1)(d), and holding a concealed-carry permit is no defense.
What is the penalty for not reporting a lost or stolen gun in Colorado?
A first offense is a civil infraction with a $25 fine under C.R.S. § 18-12-113. A second or subsequent offense is an unclassified misdemeanor punishable by a fine of up to $500. The report is due within five days of discovering the loss or theft.
Can a felon own a gun in Colorado?
No. Under C.R.S. § 18-12-108, possessing a firearm after a qualifying felony conviction is a class 5 felony (POWPO), and federal law (18 U.S.C. § 922(g)(1)) independently bars anyone convicted of a crime punishable by more than one year in prison.
What is the penalty for violating a red flag order in Colorado?
Possessing or receiving a firearm while prohibited by an extreme risk protection order (temporary or full) is a class 2 misdemeanor under C.R.S. § 13-14.5-111.