In these gun laws pages, we refer to both “federal gun laws” and “state gun laws.”  The major difference between the two has to do with who makes the law, who prosecutes someone who violates the law, and what the penalty is for breaking the law.

One reason why it is important for you to know that there are these two sets of gun laws is so that you can understand all of the possible ways that the abuser might be breaking the law, and you can better protect yourself.  Throughout this section, we will be referring mostly to state laws.  Be sure to also read our Federal Gun Laws pages to see if any federal laws apply to your situation as well.  You will need to read both state and federal laws to see which ones, if any, the abuser might be violating.

If you are calling the police because you believe the abuser has violated a gun law, you do not necessarily need to be able to tell the police which law was violated (state versus federal) but local police cannot arrest someone for violating federal law, only for violating state/local laws.  Only federal law enforcement, the Bureau of Alcohol, Tobacco and Firearms (“ATF”), can arrest someone for violating federal laws.  If the local police believe that a state law is being violated, they could arrest the abuser and hand the case over to the state prosecutor.  If the local police believe a federal law is being violated, hopefully, the police department will notify the ATF or perhaps the U.S. Attorney’s office in your state (which is the federal prosecutor).  For information on how you can contact ATF directly to report the violation of federal gun laws, go to Who do I notify if I think the abuser should not have a gun?  If the abuser is breaking both state and federal laws, s/he might be prosecuted in both state and federal court.

According to Colorado state law, a person can only get a permit to carry a concealed handgun if all of the following conditions are met. The applicant:

• is a legal resident of Colorado, including a military service member stationed in Colorado and his/her immediate family members;
• is at least twenty-one years old;
• has not been convicted of a felony, an attempted felony, or conspiracy to commit a felony;
• has not been convicted of perjury related to information provided on a concealed handgun permit application;
• does not chronically and habitually abuse alcohol unless a substance abuse counselor swears that the person is in recovery and has been sober for at least three years;
• is not an unlawful user of, or addicted to, drugs;
• does not have a temporary or final civil protection order issued against him/her based on domestic violence or based on stalking, sexual assault, physical harm/threats or abuse of the elderly/at-risk adult;
• does not have a protection order issued against him/her as part of a criminal court case, including a protection order based on a juvenile delinquent act;
• does not have a temporary or final extreme risk protection order issued against him/her.¹

Note: Even if the applicant meets all of the requirements above, the sheriff can still deny the permit if, based on the applicant’s previous behavior, the sheriff has a reasonable belief that s/he would likely be a danger to himself/herself or others if the permit were granted.²

In addition, as part of a temporary or final domestic violence protection order, the judge can make firearms-related orders. The judge can only do so, however, if, after reviewing the petition, the judge determines that an act of domestic violence took place and it involved physical force or the threat or attempt to use physical force. The judge must then order that the abuser:

• not have or buy any firearms or ammunition for the duration of the order; and
• give up any firearms or ammunition that s/he currently has in his/her possession or control to a licensed firearms dealer, private party or to law enforcement.³

In addition, it is illegal for anyone to possess a firearm if s/he is on probation after being convicted of a crime that involved domestic violence. An exception can be made, however, for a defendant whose job requires the use of a firearm if the judge believes that the victim and his/her child would not be endangered and the gun is not stored in the defendant’s home.⁴

Also, federal laws, which apply to all states, restrict an abuser’s right to have a gun if s/he was convicted of a felony or a domestic violence misdemeanor or if you have a final protection order against him/her that meets certain requirements. Go to the Federal Gun Laws page to get more information.

For additional information on gun laws in Colorado, you can go the the Giffords Law Center website.

¹ Colo. Rev. Stat. §§ 18-12-203(1)(a)-(g); 18-12-108
² Colo. Rev. Stat. § 18-12-203(2)
³ Colo. Rev. Stat. § 13-14-105.5(1)(a), (2)(c)
⁴ Colo. Rev. Stat. § 18-1.3-204(2)(b)(IV)

Under Colorado law, the judge can include gun prohibitions in a temporary or final domestic violence protection order. If the judge reviews the protection order petition and decides that the protection order includes an act of domestic violence involving physical force or the threat or attempt to use physical force, the judge must then order the abuser to:

• not have or buy any firearms or ammunition while the order is in effect; and
• give up (relinquish) any firearms or ammunition that s/he currently has in his/her possession or control to a licensed firearms dealer, private party, or law enforcement.¹

The judge can also order the abuser to give up any firearms or ammunition in his/her immediate possession or control as a condition for the abuser to be released from jail on bond.²

Once the abuser is served with the protection order, s/he has to follow what the order says and give up any guns or ammunition s/he has while the order is in effect. If the abuser has a gun or ammunition while the order is in effect, s/he would be committing the crime of violation of a protection order.³  

For information about how the abuser must give up his/her guns and how the judge makes sure s/he has done so, see How does an abuser give up his/her guns and ammunition? What happens next?

Additionally, an abuser who has an active protection order against him/her for any reason cannot get a permit to carry a concealed handgun. This includes someone who has:

• a temporary or final civil protection order issued against him/her based on domestic violence or based on stalking, sexual assault, physical harm/threats or abuse of the elderly/at-risk adult;
• a protection order issued against him/her as part of a criminal court case, including a protection order based on a juvenile delinquent act; or
• a temporary or final extreme risk protection order issued against him/her.⁴

To see all of the conditions someone must meet to get a concealed carry permit, go to I am a victim of domestic violence and the abuser has a gun. Is that legal?

Also, federal laws, which apply to all states, restrict an abuser’s right to have a gun if s/he was convicted of a felony or a domestic violence misdemeanor or if you have a final protection order against him/her that meets certain requirements. Go to the Federal Gun Laws page to get more information.

For additional information on gun laws in Colorado, you can go to the Giffords Law Center website.

¹ Colo. Rev. Stat. § 13-14-105.5(1)(a)
² Colo. Rev. Stat. § 13-14-105.5(1)(b)
³ Colo. Rev. Stat.§ 18-6-803.5
⁴ Colo. Rev. Stat. §§ 18-12-203(1); 18-12-108

Here are a few things that may help:

• If the abuser has a gun, tell the judge how many guns s/he has, and if s/he has ever threatened you with a gun(s);
• Ask the judge to specifically write in your protective order that the abuser cannot own, buy or have a gun while the order is in effect. The form that you will have to fill out to petition for a protective order will have a place where you can request additional protections. You can ask that the abuser’s gun(s) be taken away in that section; and
• Before leaving the courthouse, check to make sure that the gun restriction is written on your order.

It also may be helpful if the judge explains what will happen to the abuser’s guns, who will take them, and where they will be held once you leave the courthouse. If the judge agrees to add language that the abuser cannot keep his/her guns while the protective order is in effect, you may also want to ask that the judge:

• Require the abuser to give his/her guns to the police, or require the police to go to the abuser’s house and get them;
• Make it clear to both you and the abuser how long the guns will be kept away from the abuser; and
• Order that the police notify you when the guns are returned to the abuser.

Misdemeanor and felony records are open to the public, but they are not always easy to access.  If you know the exact courthouse where the abuser may have been convicted, you can go to the courthouse and ask the clerk of court for access to those records.

Federal law specifically prohibits possession of a firearm if the person is convicted of any felony or of a domestic violence misdemeanor. Criminal records that would make a person ineligible to purchase a firearm are also kept in the National Instant Criminal Background Check System (NICS).  However, no one other than law enforcement officials and licensed firearm sellers are allowed to search the NICS.  Your local police department may be willing to search NICS for you if you ask, but they are not required to do so.

To read more about the NICS, please see the question, What will happen if the abuser tries to purchase a gun?

If there is a provision in your protection order that says that the abuser has to surrender his/her guns, the guns could be kept by the sheriff department in his/her county, or in some cases, law enforcement will allow the abuser to leave the guns with a friend or relative while the protection order is in effect. If the abuser’s gun is taken by the police because it was used in a crime, it will be sold or destroyed.¹

If you are not sure where the abuser’s gun is and you think that the abuser could have access to it, it is a good idea to consider making a safety plan. See our Safety Planning page to learn more about how to increase your safety. You can also contact a local domestic violence organization for additional help. Visit our CO Advocates and Shelters page to find a local domestic violence organization near you.

¹ Colo. Rev. Stat. § 16-13-311

While a protection order is in effect, if the respondent possesses, or attempts to possess, a firearm or ammunition, s/he has committed the crime of violation of a protection order, which is a class 2 misdemeanor. It can be a class 1 misdemeanor if any of the following are true:

• the abuser was previously convicted of violating a protection order;
• the protection order was issued as part of a criminal case and meets the requirements in section 18-1-1001 of the law;
• the basis for issuing the protection order included an allegation of stalking; or
• the parties were in an intimate relationship.¹

The punishment for a class 2 misdemeanor is up to three months imprisonment, a fine of up to $750, or both. The punishment for a class 1 misdemeanor is up to 12 months imprisonment, a fine of up to $1,000, or both.²

If someone who was convicted of a felony, or attempt or conspiracy to commit a felony, is in possession of a firearm, it can be a class 5 or 6 felony depending on the underlying felony conviction, the length of time since that felony conviction, and other factors.³ The punishment for a class 5 felony is between one and three years, a fine of between $1,000 and $100,000, or both. The punishment for a class 6 felony is between one and one and a half years, a fine of between $1,000 and $100,000, or both.⁴

Also, anyone who has or buys a gun in violation of the federal firearm law can be punished by a fine, jail time for up to ten years, or both.⁵ For more information, see our Federal Gun Laws page.

¹ Colo. Rev. Stat. § 18-6-803.5(2)(a)
² Colo. Rev. Stat. § 18-1.3-501(1)(a.5)
³ Colo. Rev. Stat. § 18-12-108
⁴ Colo. Rev. Stat. § 18-1.3-401(1)(a)(V)(A), (1)(a)(III)(A), (1)(a)(V.5)(A)
⁵ 18 USC § 924(a)(2)

Colorado state law says it is illegal for someone to possess a firearm if s/he is on probation after being convicted of a crime that involved domestic violence. However, an exception can be made for someone whose job requires the use of a firearm if the judge believes that the victim and his/her child would not be endangered and the gun is not stored in the defendant’s home.¹

For more information, you may want to talk with a domestic violence advocate in your area.  To find one, please go to our CO Advocates and Shelters page.

¹ Colo. Rev. Stat. § 18-1.3-204(2)(b)(IV)