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




