I do not have a protection order against the abuser and they have not been convicted of a crime. Can they have a gun?
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
The abuser uses a gun for their job. Does the law still apply?
Colorado state law says it is illegal for someone to possess a firearm if they are 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 their 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 Colorado Advocates and Shelters page.
1 Colo. Rev. Stat. § 18-1.3-204(2)(b)(IV)
I’m worried the abuser has a gun. What can I do to stay safe?
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
I’ve read through all of this information, and I'm still confused. What can I do?
Gun laws can be confusing! Here are some places you can contact for help understanding the law and your rights:
- Write to our Email Hotline;
- Contact a local domestic violence organization; or
- Reach out to the National Center on Protection Orders and Full Faith & Credit at 1-800-903-0111 x 2 for more information on federal gun laws and how they might relate to your situation.




