In these pages, we refer to two types of gun laws:

1. Federal gun laws apply to all U.S. states and territories.
2. State gun laws can be different for every state or territory. 

The major differences between these two types of laws are:

• who makes the law;
• who prosecutes someone who breaks the law; and
• what the punishment is for breaking the law.

It’s important to know about both types of gun laws so you can understand all of the reasons why it could be illegal for an abuser to have a firearm. This can help you protect yourself. In this section, we will mostly discuss your state’s gun laws. However, read our Federal Gun Laws pages to see if any federal laws also apply to your situation. 

To learn more about reporting a violation of state or federal gun laws, go to If I think the abuser has a gun illegally, who do I report it to?

In Colorado, it might be illegal for a person to have a firearm if:

• they have been convicted of certain crimes; or
• you have a protection order against them.

If neither of these applies to you, see I do not have a protection order against the abuser, and they have not been convicted of a crime. Can they have a gun?

Also, federal laws, which apply to all states, restrict an abuser’s right to have a gun if they have a restraining order against them that meets certain requirements, or if they have been convicted of a felony or domestic violence misdemeanor. Go to our Federal Gun Laws page to get more information.

Under Colorado law, the judge can prohibit the abuser from having a gun in a temporary or permanent domestic violence protection order. If the judge decides that the protection order was based on an act of domestic violence involving physical force or the threat or attempt to use physical force, the judge must 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 they currently have in their possession or control.¹

If the abuser has been arrested, the judge may also order them to give up any firearms or ammunition in their immediate possession or control before they are released from jail on bond.²

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

For information about how the abuser must give up their guns and how the judge makes sure they have done so, see How does an abuser give up their guns and ammunition? What happens next?

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

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

Also, federal laws, which apply to all states, restrict an abuser’s right to have a gun if you have a final protection order against them that meets certain requirements. Go to our Federal Gun Laws page to get more information.

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)(g)

There are general suggestions that you may want to consider:

• If the abuser has a gun and you are worried about your safety, let the judge know. You can share:
  
  • how many guns the abuser has;
  • what kinds of guns they are;
  • any specific information you have about where the guns are kept; and
  • if the abuser has ever threatened you with them.
• If the judge grants your petition to take the guns away from the abuser, you can ask them to include the following in the order:
  
  • if the police can go to the abuser’s house to take the guns or where the abuser has to surrender their guns;
  • what will happen to the guns;
  • how long the guns will be kept away from the abuser; and
  • to order that the police notify you when the guns are returned to the abuser.

Federal laws, which apply to all states, may restrict an abuser’s right to have a gun. You can see more information on our Federal Gun Laws page.

Many states also have laws that ban people convicted of certain crimes from having guns. For example, some states include:

• felony convictions;
• hate crimes;
• misdemeanors involving violence and guns; or
• serious juvenile offenses.¹

You can find your state’s related laws on our Selected Colorado Statutes page:

The Giffords Law Center to Prevent Gun Violence also has a page on Firearms Prohibitions in Colorado.

¹ Giffords Law Center to Prevent Gun Violence, Firearm Prohibitions

If you believe the abuser broke the law by having a gun, you can report it to the local police. You don’t need to know which law was violated or whether it’s a state or federal law. However, the local police can only arrest someone for breaking a state law. Even though they cannot arrest someone for breaking a federal law, they can refer the case to the Bureau of Alcohol, Tobacco, Firearms, and Explosives (“ATF”) or to the federal prosecutor in your state, the U.S. Attorney. If the abuser broke state and federal laws, they might be prosecuted in both state and federal courts. 

If you believe the abuser broke a federal law, you can also contact the ATF directly to report it.

Generally:

Also, a local domestic violence organization may be able to answer your questions and help you talk to the right law enforcement officials.  You can find contact information for organizations in your area on our Colorado Advocates and Shelters page.

Note: Generally, the abuser doesn’t need to know the law to be arrested for breaking it. If the abuser has or buys a gun in violation of the law, they can be arrested.¹

¹United States v. Lippman, 369 F. 3d 1039 (8th Cir. 2004); United States v. Henson, 55 F. Supp. 2d 528 (S.D. W.V. 1999)

Buying a gun from a licensed gun seller
Someone who wants to buy a gun from a licensed gun seller, also known as a firearms dealer, must first pass a criminal background check. This check is done through the National Instant Criminal Background Check System (NICS). A licensed gun seller will use the NICS to check whether the person can legally buy, have, and transport guns or explosives.¹

If the abuser was convicted of a felony or a domestic violence misdemeanor in any state or territory, or if they have a qualifying protection order against them, these records should be in the NICS. This should prevent the abuser from legally buying a gun. However, not all states automatically put their records in NICS. This can make it harder to do a complete criminal background check. Sometimes, criminals and abusers might slip through the system.

Buying a gun from a private seller or online
Someone who wants to buy a gun from a private or online seller doesn’t have to go through a background check. Private and online gun sellers don’t use the NICS.

Note: Just because someone was able to buy a gun doesn’t always mean it is legal for them to have one. If you believe that the abuser cannot legally have a gun but has one anyway, you can report it to the police. Hopefully, the police will investigate the situation. You may also want to consider making a safety plan, which might include filing for a protection order. An advocate at your local domestic violence organization may be able to help you design a personalized safety plan.

¹ National Criminal Justice Reference Service website

Under Colorado state law, if an adult is not otherwise prohibited from having a gun because of a protection order or certain criminal convictions, generally they can have handguns and long rifles without a special permit. Furthermore, those firearms can be openly carried, with a few exceptions.¹

Colorado law also allows an adult to have a gun without a permit, even if it’s concealed, if the person is:

• on their own property;
• in their home or place of business; or
• in a private car or vehicle.²

Any gun other than a pistol or revolver that’s in a car is supposed to be unloaded.³

However, a permit is required to carry a concealed handgun anywhere else.⁴ Even if you don’t have a protection order that prohibits the abuser from having a gun and the abuser has not been convicted of any crime, they will still be denied a state permit to carry a concealed handgun if they:

• are not a legal resident of Colorado;
• are younger than 21;
• chronically and habitually abuse alcohol, unless a substance abuse counselor swears that the abuser is in recovery and has been sober for at least three years;
• unlawfully use or are addicted to drugs;
• have an extreme risk protection order against them; or
• fail to demonstrate competence with a handgun.⁵

Note: For the purposes of getting this permit, military service members stationed in Colorado and their immediate family members also living in the state are considered legal residents.⁶

Even if someone applying for a concealed carry permit meets all of the eligibility requirements, the sheriff may still deny the permit if, based on the applicant’s previous behavior, the sheriff has a reasonable belief that they would likely be a danger to themselves or others if the permit were granted.⁷

Also, a person under 18 is not allowed to possess a gun at any time unless they are on land that is controlled by their parent, legal guardian, or grandparent, and the minor has the adult’s permission. There are some exceptions to the rule that a minor cannot carry a gun, such as hunting. To read the complete list of prohibitions and exceptions, see section 18-12-108.5 on our Selected Colorado Statutes page.⁸

If the abuser is allowed to have a gun, you can still make a plan for your safety.  See our Safety Planning page for more information. You can also contact your local domestic violence organization for additional help.  You may want to talk to them about whether leaving the area - either long-term or for a little while - might help improve your safety.

Also, federal laws, which apply to all states, restrict an abuser’s right to have a gun under other circumstances. Go to our 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 See Colo. Rev. Stat. § 18-12-105.5
² Colo. Rev. Stat. § 18-12-105(2)(a), (2)(b)
³ Colo. Rev. Stat. § 33-6-125
⁴ Colo. Rev. Stat. §§ 18-12-105(1)(b), (2)(c); 18-12-214; 18-12-203
⁵ Colo. Rev. Stat. § 18-12-203(1)(a), (1)(b), (1)(e), (1)(f), (1)(g)(IV), (1)(h)
⁶ Colo. Rev. Stat. § 18-12-203(1)(a)
⁷ Colo. Rev. Stat. § 18-12-203(2)
⁸ Colo. Rev. Stat. § 18-12-108.5

Even if you are able to have the abuser’s guns taken away, there’s a possibility that they can get one illegally. When an abuser has a gun, it makes it more likely that they could hurt someone.¹ So, it’s important to think about your safety.

A safety plan might include leaving the area or going somewhere the abuser doesn’t know, like a domestic violence shelter. We have tips on our Safety Planning pages, and you can contact an advocate at your local domestic violence organization who might help you create a personalized plan.

¹ See Everytown for Gun Safety’s report on Guns and Violence Against Women