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EspañolWhat is the difference between federal and state gun laws? Why do I need to understand both?
In these pages, we refer to two types of gun laws:
- Federal gun laws apply to all U.S. states and territories.
- 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?
What is the definition of a felony in Colorado?
Throughout these gun law pages, we will refer to gun laws that make it illegal for someone convicted of a felony to have a gun. A felony is a more serious crime than a misdemeanor. Most felonies under Colorado law are punishable by a prison sentence of more than one year.1 However, you cannot always tell if someone was convicted of a felony only by looking at the amount of time s/he actually served in prison since sentences are often reduced or pled down. If you are unsure if the abuser was convicted of a felony, you might want to talk to the prosecutor who handled the criminal case against the abuser to find out or go to the local criminal courthouse and try to search the records.
1 Colo. Rev. Stat. § 18-1.3-401
I am a victim of domestic violence and the abuser has a gun. Is that legal?
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.
