Colorado takes weapons laws very seriously and the penalties can be harsh. Whether it’s possessing illegal weapons, using weapons illegally, or being intoxicated with a firearm the consequences are severe. This guide will help you understand what’s considered an illegal weapon, the charges related to weapon offenses, and what happens if you violate these laws.
Illegal Weapons in Colorado (2026)
Colorado law prohibits the possession, sale, and use of certain weapons. Here’s a list of weapons that are illegal in the state:
- Machine Guns: Fully automatic firearms are illegal unless registered under the National Firearms Act.
- Short Shotguns: Shotguns with barrels less than 18 inches or overall length less than 26 inches.
- Short Rifles: Rifles with barrels less than 16 inches or overall length less than 26 inches.
- Silencers: Devices that muffle or silence the sound of a firearm are illegal unless registered under federal law.
- Ballistic Knives: Knives that can extend a blade by a spring or other force.
- Explosive Devices: Bombs, grenades, rockets, missiles or similar devices.
- Blackjack, Gas Gun and Metallic Knuckles: These are illegal because of their use in assaults and violent crimes.
Prohibited Use of Weapons (CRS 18-12-106)
Prohibited use of weapons in Colorado means various actions that are illegal and punishable under Colorado law. Some of these prohibited uses include:
- Discharging a Firearm Recklessly: Firing a gun in a way that could harm someone.
- Setting Traps or Spring Guns: Placing traps that could cause injury or death.
- Pointing a Gun at Someone: Even if not loaded, pointing a firearm at another person is illegal. (Note: This can also be charged as “felony menacing” if you use a weapon to threaten someone or place them in imminent fear of serious bodily injury. This can be a felony even if the weapon is fake)
- Possessing a Firearm While Intoxicated: It’s illegal to handle or possess a firearm while under the influence of alcohol or drugs.
- Unlawful Carrying of a Concealed Weapon: Carrying a concealed weapon without a permit.
These laws can result in misdemeanor or felony charges depending on the severity and circumstances of the offense.
Illegal Possession of Weapons
Illegal possession of weapons in Colorado means owning or having control of certain types of weapons that are illegal. This includes:
- Convicted Felons: Felons are prohibited from possessing firearms.
- Domestic Violence Offenders: Those with restraining orders or domestic violence convictions can’t own firearms.
- Minors: Generally, those under 18 can’t possess firearms, except for hunting and supervised activities.
- Non-citizens: Undocumented immigrants and non-immigrant visa holders can’t possess firearms.
Possession of a Weapon by a Previous Offender (POWPO) (CRS 18-12-108)
The POWPO law in Colorado is to prevent people with prior convictions from possessing firearms. The criteria includes:
- Previous Felony Convictions: Any person previously convicted of a felony can’t possess, use or carry a firearm.
- Specified Misdemeanors: Certain misdemeanors, especially those involving domestic violence or weapons offenses, also restrict firearm possession.
Penalties for POWPO violations are severe:
- Class 5 Felony: Possession of a firearm by a previous offender, 1 to 3 years in prison, and $100,000 fine.
- Class 6 Felony: Possession of other weapons by a previous offender, 1 to 1.5 years in prison, and $100,000 fine.
Being Drunk with a Gun
Colorado law prohibits having a firearm while under the influence of alcohol or drugs. This law is to prevent impaired people from making bad decisions with firearms. The penalties for this offense are:
- Class 2 Misdemeanor: Up to 1 year in jail and $1,000 fine.
- Additional Consequences: Loss of firearm rights, mandatory substance abuse counseling and increased penalties for repeat offenders.
Related: To learn more, read the detailed guide on Colorado gun laws.
Defending Against Weapons Charges
If you are charged with weapons in Colorado, you need to get legal help right away. An experienced criminal defense attorney can help you understand your rights and build a defense. Possible defenses may include:
- Challenging the Search and Seizure: If law enforcement violated your 4th Amendment rights, the evidence may be suppressed.
- Lack of Knowledge: Prove you didn’t know the weapon was there or illegal.
- Question the Charges: Investigate if the charges match the circumstances and evidence.
Conclusion
As you can see, Colorado’s weapons laws are complex and the penalties are severe. Whether it’s illegal possession of certain weapons, prohibited use or being drunk with a gun, the laws are strict. If you are charged with a weapons offense, you should consult with a criminal defense attorney who can navigate the laws and fight for you.
We offer free consultations on weapons cases in Colorado Springs and El Paso County Colorado. Give us a call at 719-227-0022 to speak with a Colorado defense lawyer.
Frequently Asked Questions
What disqualifies you from owning a gun in Colorado?
Both Colorado and federal law prohibit certain people from possessing or purchasing firearms. You may lose your gun rights if you have been convicted of a felony, are subject to certain domestic violence protection orders, have a qualifying misdemeanor domestic violence conviction, or fall into another category prohibited under state or federal law.
Background checks are required for most firearm transfers in Colorado, and attempting to buy or possess a firearm while prohibited can result in additional criminal charges.
If you’re unsure whether you’re legally allowed to own a firearm, it’s best to speak with a Colorado criminal defense attorney before making a purchase.
What misdemeanors disqualify you from owning a gun in Colorado?
Not every misdemeanor affects your firearm rights. However, a misdemeanor conviction for domestic violence under federal law can prohibit you from possessing or purchasing firearms.
Certain protection orders may also restrict firearm possession while they remain in effect. Whether a specific conviction impacts your gun rights depends on the facts of your case and applicable state and federal law.
Can you have guns if you have a DUI in Colorado?
A DUI conviction by itself does not automatically prevent you from owning or purchasing a firearm in Colorado. However, Colorado law makes it a crime to possess a firearm while under the influence of alcohol or drugs.
If your DUI is connected to another offense, such as unlawful possession of a weapon or another disqualifying conviction, your firearm rights may be affected. The outcome depends on the specific charges and your criminal history.
Can I buy a gun with a DUI in Colorado?
In many cases, a DUI conviction alone does not prohibit you from buying a firearm. During the purchase process, you’ll still be subject to the required background check.
If you have another disqualifying conviction, are prohibited under federal law, or are otherwise ineligible to possess firearms, the purchase may be denied. If you have questions about your eligibility, consult an attorney before attempting to buy a firearm.
Do you need a license to own a gun in Colorado?
No. Colorado does not require a license simply to own a firearm. However, anyone purchasing a firearm from a licensed dealer or through most private transfers must complete a background check.
Separate rules apply to concealed handgun permits, which are required if you want to carry a concealed handgun in most public places.
Can you carry a gun in Colorado without a license?
Colorado generally allows people who may legally possess a firearm to openly carry one in many areas of the state, although some cities and locations have additional restrictions. Carrying a concealed handgun generally requires a valid Colorado concealed handgun permit unless a specific exception applies.
Because firearm laws vary by location, it’s important to understand both state law and any local ordinances before carrying a firearm.
Can you carry a gun in your vehicle in Colorado?
Yes. Colorado law generally allows a person to carry a firearm in a private vehicle for lawful protection of themselves or others.
A concealed handgun permit is not required when a handgun is carried in a private automobile for lawful protection. However, the firearm must be possessed lawfully, and other criminal laws still apply.
Does Colorado have a stand your ground law?
Colorado does not have a specific “Stand Your Ground” statute. However, Colorado generally does not impose a duty to retreat before acting in lawful self-defense where a person has a legal right to be.
The state also has the “Make My Day” law, which provides legal protections in certain situations involving unlawful intruders inside a home. Whether self-defense applies depends on the specific facts of each case.
What is an illegal firearm?
An illegal firearm is a firearm that is prohibited under state or federal law because of its design, configuration, or the circumstances under which it is possessed.
Depending on the situation, this may include prohibited machine guns, unlawfully possessed short-barreled rifles or shotguns, or other firearms restricted by law. Possessing an illegal firearm can result in serious criminal charges.
What is unlawful possession of a firearm?
Unlawful possession of a firearm generally means possessing a firearm when state or federal law prohibits you from doing so. Examples include possession by certain convicted felons, prohibited persons under domestic violence laws, or individuals possessing weapons that are illegal under Colorado law. The specific charge and penalties depend on the circumstances of the case.
Are AR-15s illegal in Colorado?
Not all AR-15-style rifles are illegal in Colorado. However, Colorado firearm laws have changed in recent years, and additional restrictions on certain semiautomatic firearms have been enacted.
Whether a particular AR-15 may be legally purchased or possessed depends on the firearm’s features and the law in effect at the time. Because firearm laws continue to evolve, it’s important to verify the current legal requirements before buying or transferring one.
Are silencers legal in Colorado?
Silencers, also known as suppressors, are regulated under both federal and Colorado law. Individuals who comply with all applicable federal registration and tax requirements may legally possess a suppressor in Colorado. Possessing an unregistered or otherwise unlawful suppressor can lead to criminal penalties.
What self-defense weapons are legal in Colorado?
Colorado law allows many common self-defense tools, including firearms possessed by eligible individuals. However, some weapons, such as ballistic knives and certain prohibited weapons, are illegal or heavily regulated. The legality of any self-defense weapon depends on the type of weapon, how it is carried, and how it is used.
What knives are illegal in Colorado?
Colorado generally allows the possession of many types of knives. However, ballistic knives are prohibited under state law, and additional restrictions may apply depending on where a knife is carried or how it is used. Local ordinances may also impose additional limitations.
Does a gun have to be registered in your name to sell it?
No. Colorado does not have a statewide firearm registration system, so firearms are not required to be registered in an owner’s name before they are sold. However, most firearm sales and transfers must be completed through a licensed firearms dealer, who will conduct the required background check on the buyer.
