Basic Firearm Carry Laws of Colorado
Open Carry
The minimum age for open carry in Colorado is 18 and does not require a permit. Open carry is more restricted than concealed carry is. Local governments can ban open carry at government buildings and public property (such as parks). Signs must be posted at each public entrance.
29-11.7-104 Regulation-[open] carrying-posting
A local government may enact an ordinance, regulation, or other law that prohibits the open carrying of a firearm in a building or specific area within the local government's jurisdiction. If a local government enacts an ordinance, regulation, or other law that prohibits the open carrying of a firearm in a building or specific area, the local government shall post signs at the public entrances to the building or specific area informing persons that the open carrying of firearms is prohibited in the building or specific area.
Many Colorado municipalities ban open carry to the fullest extent of the law. While areas such as public streets and sidewalks generally cannot be designated 'no open carry' zones, "specific area" is broadly interpreted to include parks, trails, and public plazas.
No guns signs (private property)
'No guns' signs do not have the force of law on private property. If you openly carry past a 'no guns' sign on private property, you may be asked to leave or disarm. Failure to comply would only be trespassing. Signs on private property may cite 18-4-504, which is simply trespassing.
'No guns' signs do not have the force of law on private property. If you openly carry past a 'no guns' sign on private property, you may be asked to leave or disarm. Failure to comply would only be trespassing. Signs on private property may cite 18-4-504, which is simply trespassing.
Open carry is illegal in the City and County of Denver 38-117(a) DMC
The City and County of Denver is a home rule city created and organized under Article XX, Section 6 of the Colorado Constitution (the “home rule amendment”). Under the home rule amendment, a home rule municipality has the supreme power to legislate in matters of local concern. Historically, Denver has had a range of ordinances controlling various aspects of the possession, use and sale of firearms in the city. (CO Denver Ruling)
The Supreme Court's opinion allowing Denver's strict gun control regime is based on the fact it is organized differently than most cities. Under home rule, it is not subject to certain limitations that other cities are subject to. While that issue is one unique to Colorado, the arguments to support the validity of the anti-gun ordinances are specious and are a stunning abuse of logic.
Denver has banned open carry since 1973, under the premise that Denver is 'special' and somehow different than the rest of the state. Arguments seemed to be based on the fallacy that an openly carried handgun equates target shooting and that allowing open carry in the city would lead to people getting shot. The Supreme Court found that Denver has the right to regulate open carry because it is urbanized. In other words, Denver residents are less entitled to full Second Amendment rights than other Colorado residents.
Denver has banned open carry since 1973, under the premise that Denver is 'special' and somehow different than the rest of the state. Arguments seemed to be based on the fallacy that an openly carried handgun equates target shooting and that allowing open carry in the city would lead to people getting shot. The Supreme Court found that Denver has the right to regulate open carry because it is urbanized. In other words, Denver residents are less entitled to full Second Amendment rights than other Colorado residents.
What constitutes 'open carry'? If I use an inside the waistband holster (IWB), and only the butt of my pistol is visible outside of my clothes, is that open carry?
The issue is muddled because state law does not define what constitutes concealed. The described method is also known as ‘Virginia Tuck’, stemming from a former Virginia law where concealed carry was illegal in bars, so patrons would tuck their shirt to expose the butt of their pistol to be considered openly carried.
In people People v. Vincent (1981), it was found that the jury had to determine what was considered concealed. A reserve police officer saw the defendant with a derringer handle protruding from his pants. Later, it was found that: "'Concealed' means placed out of sight so as not to be discernible or apparent by ordinary observation" (People ex rel. O.R, 2008). This was a juvenile case where the defendant had a handgun partially protruding from a pocket, the appeals court found the firearm was not concealed.
The issue is muddled because state law does not define what constitutes concealed. The described method is also known as ‘Virginia Tuck’, stemming from a former Virginia law where concealed carry was illegal in bars, so patrons would tuck their shirt to expose the butt of their pistol to be considered openly carried.
In people People v. Vincent (1981), it was found that the jury had to determine what was considered concealed. A reserve police officer saw the defendant with a derringer handle protruding from his pants. Later, it was found that: "'Concealed' means placed out of sight so as not to be discernible or apparent by ordinary observation" (People ex rel. O.R, 2008). This was a juvenile case where the defendant had a handgun partially protruding from a pocket, the appeals court found the firearm was not concealed.
Applying the plain and ordinary meaning of the statutory language here, we conclude that "concealed" for purposes of section 18-12-105(1)(b) means placed out of sight so as not to be discernible or apparent by ordinary observation. To hold that a firearm that is discernible or apparent by ordinary observation is "concealed" would lead to absurd results. For example, defining "concealed" so broadly as to subsume a partially concealed but readily observable and identifiable weapon would render it unlawful to carry a holstered handgun—no matter how brazenly displayed—if any part of the gun was concealed by the holster.
Based on People ex rel. O.R., it is unlikely that one could be convicted for carrying a concealed weapon for tucking a handgun in the waistband where the grip or butt end protrudes visibly. If one can identify the object as a firearm, it would likely be openly carried.
Is open carry brandishing?
18-12-106(a) prohibits knowingly and unlawfully aiming a firearm at another person. This section also prohibits unsafe discharge of a firearm. A person commits disorderly conduct with a deadly weapon (brandishing) by intentionally, knowingly, or recklessly displaying a deadly weapon or represents verbally or otherwise that he or she is armed with a deadly weapon in a public place in a manner calculated to alarm. 18-9-106(1)(f) The Supreme Court found that:
Is open carry brandishing?
18-12-106(a) prohibits knowingly and unlawfully aiming a firearm at another person. This section also prohibits unsafe discharge of a firearm. A person commits disorderly conduct with a deadly weapon (brandishing) by intentionally, knowingly, or recklessly displaying a deadly weapon or represents verbally or otherwise that he or she is armed with a deadly weapon in a public place in a manner calculated to alarm. 18-9-106(1)(f) The Supreme Court found that:
An essential element of the offense is a specific intent to cause fear.The actus reus of felony menacing is "placing another person in fear of imminent serious bodily injury by the use of a deadly weapon", an act more specific than the actus reus of disorderly conduct with a deadly weapon, which is displaying a deadly weapon in an alarming manner in a public place. People v. Torres
Menacing (18-3-206) is if, by any threat or physical action, a person knowingly places or attempts to place another person in fear of imminent serious bodily injury by the use of a deadly weapon (felony). Case law indicates this section is meant to be applied when someone uses a firearm to essentially threaten death in aggravated circumstances (assault, robbery, road-rage, etc.).
It appears that under very specific, narrow circumstances that one could be charged with a crime for open carry, but no reports suggest that this is a problem in Colorado and furthermore, case law indicates that exacerbating circumstances would likely be required to elevate open carry to a different crime. An intentional act, such as making threats or drawing a firearm not in justifiable self-defense, would be required on behalf of the carrier, not simply a fearful reaction from a hoplophobia third party.
Can I open carry a rifle or a shotgun?
Colorado has no laws on carrying openly a long gun (rifle or shotgun). Please use discretion when doing so; while it is your right to carry a long gun in public, it does tend to alarm the public, even in gun-friendly communities. Pistols have been a normal part of daily self-protection throughout the United States since its inception and are intended for such daily carry purposes. Please don't carry long guns into Chipotle just to make a point; Colorado allows you to openly carry handguns. Save openly carried long guns for dire circumstances when they're needed, such as a riot or a major disaster. Still, it's your right, so if you chose to openly carry a long gun, please exercise your right wisely.
It appears that under very specific, narrow circumstances that one could be charged with a crime for open carry, but no reports suggest that this is a problem in Colorado and furthermore, case law indicates that exacerbating circumstances would likely be required to elevate open carry to a different crime. An intentional act, such as making threats or drawing a firearm not in justifiable self-defense, would be required on behalf of the carrier, not simply a fearful reaction from a hoplophobia third party.
Can I open carry a rifle or a shotgun?
Colorado has no laws on carrying openly a long gun (rifle or shotgun). Please use discretion when doing so; while it is your right to carry a long gun in public, it does tend to alarm the public, even in gun-friendly communities. Pistols have been a normal part of daily self-protection throughout the United States since its inception and are intended for such daily carry purposes. Please don't carry long guns into Chipotle just to make a point; Colorado allows you to openly carry handguns. Save openly carried long guns for dire circumstances when they're needed, such as a riot or a major disaster. Still, it's your right, so if you chose to openly carry a long gun, please exercise your right wisely.
School Carry
It is illegal to carry a firearm on school property, except:
A concealed handgun permittee may have a handgun in a vehicle and if the permittee is not in the vehicle, the handgun must be in a compartment within the vehicle and the vehicle locked (parking lot carry only). 18-12-105.5 and 18-12-214(3)(a)
- An authorized public demonstration or exhibition pursuant to instruction;
- For the purpose of carrying out the necessary duties and functions of an armed school employee (security); or
- For the purpose of participation in an authorized extracurricular activity or on an athletic team. 18-12-105.5
A concealed handgun permittee may have a handgun in a vehicle and if the permittee is not in the vehicle, the handgun must be in a compartment within the vehicle and the vehicle locked (parking lot carry only). 18-12-105.5 and 18-12-214(3)(a)
Can I carry a gun near a school? Don't I have to be 1000 feet away?
This is a federal law that is not enforced by local law enforcement and there is no applicable similar Colorado law (unlike some states). You generally will not be prosecuted unless you are doing something else illegal, such as involved in gang activity or drug violations, that interest federal law enforcement. The law was intended to apply to drug dealers and gang members, not the law abiding citizen.
The Gun-Free School Zones Act of 1990 basically states that one cannot "knowingly to possess a firearm [...] in "a school zone." 'School zone' is defined as "in, or on the grounds of, a public, parochial or private school; or (B) within a distance of 1,000 feet from the grounds of a public, parochial or private school." It includes all public roads and sidewalks within that 1,000 foot buffer zone. It does not apply on private property, to a licensed concealed firearm permittee, or an unloaded weapon in a locked container/rack.
The law was found unconstitutional in its original version, so, to skirt the constitutional issue, the language was altered to say that it was a matter of 'interstate commerce' as all guns have moved in interstate travel as part of manufacturing and shipping and thus under the authority of Congress.
This is a federal law that is not enforced by local law enforcement and there is no applicable similar Colorado law (unlike some states). You generally will not be prosecuted unless you are doing something else illegal, such as involved in gang activity or drug violations, that interest federal law enforcement. The law was intended to apply to drug dealers and gang members, not the law abiding citizen.
The Gun-Free School Zones Act of 1990 basically states that one cannot "knowingly to possess a firearm [...] in "a school zone." 'School zone' is defined as "in, or on the grounds of, a public, parochial or private school; or (B) within a distance of 1,000 feet from the grounds of a public, parochial or private school." It includes all public roads and sidewalks within that 1,000 foot buffer zone. It does not apply on private property, to a licensed concealed firearm permittee, or an unloaded weapon in a locked container/rack.
The law was found unconstitutional in its original version, so, to skirt the constitutional issue, the language was altered to say that it was a matter of 'interstate commerce' as all guns have moved in interstate travel as part of manufacturing and shipping and thus under the authority of Congress.
Campus Carry (colleges/universities)
Firearms are not permitted at any public or private college, university, or seminary except when unloaded in a motor vehicle or in a traveler's private vehicle for lawful protection (for instance, when traveling on a road that bisects the campus). This ban includes the property as well as buildings. A concealed handgun permittee may carry a concealed firearm . Open carry is not permitted. 18-12-105.5(d)
Notwithstanding the foregoing, the University of Colorado shall not, by rule or regulation, restrict the ability of any person who has been lawfully issued a permit to carry a concealed handgun under the provisions of Colorado law to exercise the right to concealed carry in any public places or publicly accessible buildings on the University of Colorado campuses. It shall not be a violation of this policy for such person to carry a concealed handgun consistently with the requirements of Colorado law. When acting pursuant to such a permit and acting in conformity with Colorado law possession of a concealed handgun on university property shall not be deemed to be unauthorized. UC Policy
Students are not required to reveal to administrators that they are carrying firearms. Weapons are generally prohibited in dorms, but colleges and universities cannot prohibit permitted concealed carry (Supreme Court opinion). Two good resources for more information are:Case law: Regents of the University of Colorado v. Students for Concealed Carry on Campus
Car Carry
Loaded handguns are legal in private vehicles without a permit, including concealed carry. Weapons may be carried upon the body (unlike in Nevada, for example) or elsewhere in the vehicle. Long guns (rifles and shotguns) cannot have a round in the chamber (33-6-125). Municipalities cannot make laws that are more strict that state law, however Denver can still prohibit open carry in cars.
18-12-105.6 Limitation on local ordinances regarding firearms in private vehicles
(a) Based on the findings specified in subsection (1) of this section, the general assembly concludes that the carrying of weapons in private automobiles or other private means of conveyance for hunting or for lawful protection of a person's or another's person or property while traveling into, through, or within, a municipal, county, or city and county jurisdiction, regardless of the number of times the person stops in a jurisdiction, is a matter of statewide concern and is not an offense.
(b)Notwithstanding any other provision of law, no 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 or other private means of conveyance for hunting or for lawful protection of a person's or another's person or property while traveling into, through, or within, a municipal, county, or city and county jurisdiction, regardless of the number of times the person stops in a jurisdiction.
In Trinen v. City and County of Denver (2002) the supreme court found that cities like Denver can have ordinances (38-117(f) DMC) that prohibit firearms in vehicles (the case was regarding an openly carried firearm in a vehicle), as long as the local ordinance does not conflict with state law. Denver's law formerly only excepted travelers who were traveling through Denver, not residents or persons traveling entirely within Denver limits. State law was subsequently amended in 2003 to the version reflected above to allow firearms in vehicles regardless of city ordinances. Cities can still have local ordinances regarding firearms in vehicles as long as they are not more restrictive that state law.
"Additionally, the use of the limiting language 'into or through' in [...] reflects the General Assembly's intent not to restrict local weapons ordinances insofar as they apply to travel wholly within local jurisdictions. [...] the General Assembly's intent that local ordinances on carrying weapons in private vehicles be preempted only insofar as they conflict with the provisions of 18-12-105.6."
A concealed firearm would include a weapon under the seat, in a compartment (glove box), or within a case or bag.
'Concealed' means placed out of sight so as not to be discernible or apparent by ordinary observation" (People ex rel. O.R, 2008)
The words "about the person" means sufficiently close to the person to be readily accessible for immediate use. [...] Where uncontested evidence established that pistol was tucked under the edge of a car seat on which petitioner was sitting, where it was within his easy reach, these circumstances constitute carrying a 'firearm concealed on or about his person.' (People in Interest of R.J.A.)
Car Carry Methods
Snowmobiles
You may not hunt from a snowmobile nor have a firearm in your possession on a snowmobile unless the firearm is unloaded and in a case or carried in a scabbard. 33-14-117
You may not hunt from a snowmobile nor have a firearm in your possession on a snowmobile unless the firearm is unloaded and in a case or carried in a scabbard. 33-14-117
Assault Weapons and Magazine Restrictions
During the post-Sandy Hook (CT) school shooting, Colorado's Democrat controlled legislature caved into party pressure to pass highly restrictive gun control legislation. Anecdotal information reports that restrictions, particularly background checks and magazine restrictions, are not enforced and openly violated with impunity.
Magazine Restrictions
It is illegal to sell, transfer, or possess a 'high capacity' magazine unless you owned the large-capacity magazine on July 1, 2013 and maintained continuous possession of the large-capacity magazine. 18-12-302
"Large-capacity magazine" means:
Denver bans magazines over 21 rounds capacity (since 1989). 38-130(i) DMC
Case law: Colo. Outfitters Ass'n v. Hickenlooper. Unfortunately, Colorado's judiciary has a long statist, anti-gun case history and consistently supports gun control legislation.
Letter from the Attorney General
"Large-capacity magazine" means:
- A fixed or detachable magazine, box, drum, feed strip, or similar device capable of accepting, or that is designed to be readily converted to accept, more than 15 rounds of ammunition;
- A fixed, tubular shotgun magazine that holds more than 28 inches of shotgun shells (or 10 rounds of standard 2 3/4 inch 12 gauge shells), including any extension device that is attached to the magazine and holds additional shotgun shells; or
- A non-tubular, detachable magazine, box, drum, feed strip, or similar device that is capable of accepting more than eight shotgun shells when combined with a fixed magazine.
- A feeding device that has been permanently altered so that it cannot accommodate more than fifteen rounds of ammunition;
- An attached tubular device designed to accept, and capable of operating only with, .22 caliber rimfire ammunition; or
- A tubular magazine that is contained in a lever-action firearm. 18-12-301
Denver bans magazines over 21 rounds capacity (since 1989). 38-130(i) DMC
Case law: Colo. Outfitters Ass'n v. Hickenlooper. Unfortunately, Colorado's judiciary has a long statist, anti-gun case history and consistently supports gun control legislation.
Letter from the Attorney General
Assault Weapons (Denver only)
'Assault weapon' is an invented term to ban rifles like the AR-15; basically any firearm derived from a military weapon. Anti-gunnners targeted 'assault weapons' because their military derivation and usually black, aggressive appearance is frightening to people who are unfamiliar with guns. It it also easier to infringe upon ownership of a weapon intended for defensive purposes than a weapon intended for hunting or target practice. Gun Facts, on its excellent page debunking the 'assault weapons' myth, says:
'Assault weapon' is an invented term. In the firearm lexicon, there is no such thing as an 'assault weapon.' The closest relative is the 'assault rifle,' which is a machine gun or 'select fire' rifle that shoots rifle cartridges. In most cases, 'assault weapons' are functionally identical though less powerful than hunting rifles, but they are cosmetically similar to military guns. (Gun Facts)
Assault weapon defined
This does not include:
Non-residents traveling through Denver are exempt, but under city law, there is not exemption for making stops.
Permit exemption
Grandfathered weapons had to be registered and a permit applied for within 60 days of the ordinance passing in 1989. No new weapons may be added. Those who hold a permit to possess an 'assault weapon' may transport such a weapon unloaded under the following circumstances:
It is unlawful to sell or transfer possession of an assault weapon possessed with a permit within Denver. 38-130 DMC
- All semi-automatic action, centerfire rifles with a detachable magazine with a capacity of 21 or more rounds.
- All semi-automatic shotguns with a folding stock or a magazine capacity of more than six rounds or both.
- Any firearm which has been modified to be operable as an assault weapon.
- Any part or combination of parts designed or intended to convert a firearm into an assault weapon, including a detachable magazine with a capacity of 21 or more rounds, or any combination of parts from which an assault weapon may be readily assembled if those parts are in the possession or under the control of the same person.
This does not include:
- All weapons that do not use fixed cartridges, all weapons that were in production prior to 1898, all manually operated bolt-action weapons, all lever-action weapons, all slide-action weapons, all single-shot weapons, all multiple-barrel weapons, all revolving-cylinder weapons, all semiautomatic weapons for which there is no fixed magazine with capacity of 21 or more rounds available, all semiautomatic weapons that use exclusively en bloc clips, all semiautomatic weapons in production prior to 1954 and all rimfire weapons that employ a tubular magazine.
- Any firearm that uses .22 caliber rimfire ammunition.
- Any assault weapon which has been modified either to render it permanently inoperable or to permanently make it a device no longer defined as an assault weapon.
Non-residents traveling through Denver are exempt, but under city law, there is not exemption for making stops.
Permit exemption
Grandfathered weapons had to be registered and a permit applied for within 60 days of the ordinance passing in 1989. No new weapons may be added. Those who hold a permit to possess an 'assault weapon' may transport such a weapon unloaded under the following circumstances:
- To hunting trip, or to a legitimate sporting use of such weapon, including shooting matches or trap or skeet shooting;
- While transporting such weapon to or from a place for sale outside the city or for repair;
- In conjunction with moving personal property from an old residence to a new residence.
It is unlawful to sell or transfer possession of an assault weapon possessed with a permit within Denver. 38-130 DMC
