Application to Restore Gun Rights in Colorado: Filing the Petition

To restore gun rights in Colorado, you file a petition in the court that originally sentenced you, under one of two statutes: C.R.S. § 18-12-108.1 if your prohibition comes from an adult felony conviction, or C.R.S. § 18-12-108(3)(b) if it comes from a juvenile felony adjudication. The adult track requires a five-year wait after you finish every part of your sentence; the juvenile track uses a form the courts publish. Winning either petition does not automatically clear the separate federal firearms prohibition, and that mismatch is where most people get caught.

Figure Out Which Statute Applies to You

The wrong pathway wastes your filing fee and your time, so start here.

If an adult felony conviction is what prohibits you, your route is C.R.S. § 18-12-108.1. You ask the sentencing court for a “certificate of restoration” of your right to possess a firearm. No standard court form exists; you or your attorney draft the petition to match the statute.¹

If the prohibition traces to a juvenile felony adjudication, § 18-12-108(3)(a) imposes a ten-year ban from the date you completed your sentence, and § 18-12-108(3)(b) lets you petition the court before that ten years runs by showing good cause.² The Colorado Judicial Branch publishes form JDF 645, “Motion to Have a Firearm,” for this purpose.³

Who Qualifies on the Adult Felony Track

C.R.S. § 18-12-108.1(2) lists the categories of felony that qualify, and all are non-violent. Eligible offenses include property crimes (except arson, burglary, and robbery), fraud, certain governmental operations offenses, gambling, and drug offenses, among others.¹ You must have been convicted only of eligible offenses. A single ineligible felony on your record closes the door.

C.R.S. § 18-12-108(7) catalogs the convictions that are permanently disqualifying under this process, including violent felonies, sex offenses, crimes against children, arson, burglary, robbery, murder, criminal extortion, child enticement, internet sexual exploitation of a child, pandering, escape offenses, and witness intimidation, among others.² If your conviction falls on that list, Colorado’s court-based restoration process is not available to you. A gubernatorial pardon would be the only potential avenue.

One boundary worth naming: Colorado prohibits firearm possession after a misdemeanor crime of domestic violence under § 18-12-108(6)(c),² but the § 18-12-108.1 restoration pathway reaches only enumerated felonies. If a misdemeanor DV conviction is the sole basis for your prohibition, the certificate-of-restoration process does not appear to cover you under current Colorado statute.

When the Five-Year Clock Starts

For the adult track, the five-year wait begins only after you have completed every part of your sentence. That means incarceration, parole, probation, and any other court-ordered supervision. Two years in prison followed by three years of parole? Your five years start the day parole ends.¹

Through those five years, you must stay clear of new criminal convictions. Minor traffic violations do not count against you; anything beyond that will. You also cannot have any pending criminal charges on the day you file.¹ An open charge can sink the petition even if it later ends in acquittal.

Drafting the Petition

Juvenile adjudications use JDF 645. The form asks for your contact information, confirmation that you completed your sentence, and your statement of good cause for possessing a firearm. You sign it under penalty of perjury.⁴

For an adult § 18-12-108.1 petition, you build the document from scratch. Include your full legal name and contact information, the case number and court of conviction, the date of conviction, the date you completed your sentence (including supervision), and the specific offenses on your record. The petition must state “lawful and substantial reasons” for restoring your firearm rights.¹ Common reasons include employment that requires carrying a firearm, personal protection, and hunting or recreational shooting. Because this is a civil proceeding, the court will not appoint counsel; many people hire an attorney for the drafting step so the statutory details land right.

Where to File and What It Costs

File with the sentencing court, which is the district court that handled your original criminal case. The statute uses that specific term, so filing in your current county of residence instead will not work.¹

Standard district court civil filing fees run $265, though the exact fee category for a firearm rights petition can differ by courthouse.⁵ Call the clerk before you file to confirm the amount and the payment methods they accept. If you cannot afford it, file JDF 205 for a fee waiver. You qualify automatically if you receive SSI, SNAP, or TANF, or if your household income is below 125% of the federal poverty level.⁶

Notice to the District Attorney

You must give notice to the district attorney’s office in the county of conviction. JDF 645 has a built-in Certificate of Service for juvenile petitions; acceptable delivery methods include hand delivery, regular mail, and email or fax.⁴ An adult § 18-12-108.1 petition should include a similar proof-of-service statement. Certified mail leaves a paper trail that is harder to dispute.

The DA’s office also notifies any victim in the original case who is enrolled in Colorado’s victim notification system, and victims may submit information to the court supporting or opposing the petition.¹

What the Judge Weighs

On the adult track, you must establish four factors by a preponderance of the evidence, meaning more likely than not. The court can decide on the papers alone or set a hearing; a hearing is not guaranteed.¹ The four factors:

You have a lawful occupation or income, meaning you are working, in school or training, in a rehabilitative program, or have a lawful source of income.
You have no criminal convictions since completing your sentence (minor traffic violations aside) and no pending criminal charges.
Your petition states a lawful and substantial reason for restoration.
Granting the petition would not create an unreasonable risk to the safety or welfare of the public or any individual.

The district attorney can support, oppose, or stay neutral. If the DA opposes, expect evidence about the original offense, your criminal history, and any factors suggesting ongoing risk. Bring your own: employment records, letters from supervisors and community members, completion certificates from treatment or education programs, and anything that shows a stable life. The strongest petitions document a pattern of responsible conduct, not just the absence of new charges.

For a juvenile adjudication petition under § 18-12-108(3)(b), the standard is lighter. You show good cause for possessing a firearm and establish by a preponderance of the evidence that the prohibition should no longer apply to you.²

Why a Colorado Win May Not Be Enough

A Colorado court order restoring your firearm rights does not automatically clear you under federal law. Federal law independently prohibits firearm possession by anyone convicted of a crime punishable by more than one year in prison, which covers virtually all felonies.⁷

There is a potential opening. Under 18 U.S.C. § 921(a)(20), a conviction for which your civil rights have been restored is not treated as a conviction for federal firearms purposes, provided the restoration order does not expressly prohibit you from possessing firearms.⁸ A clean Colorado certificate of restoration could satisfy that exception. Whether it does in your case depends on the specific language of the court’s order and how federal authorities read it. Getting this wrong means a federal felony charge, which is why counsel is worth the cost.

Misdemeanor domestic violence sits in a separate federal provision, 18 U.S.C. § 922(g)(9).⁷ It can be lifted if the conviction is expunged or set aside, or if civil rights are restored without an express firearms bar.⁸ Because Colorado’s state restoration pathways do not clearly cover misdemeanor DV, this federal prohibition is hard to escape. The Department of Justice is building out a federal restoration program under 18 U.S.C. § 925(c), but as of early 2026 the application system is not yet operational.⁹

After the Ruling

If the judge grants an adult petition, the court issues a certificate of restoration. Keep the original safe and carry a certified copy. If a background check for a firearm purchase gets delayed or denied, that document is what you use to resolve it. The Colorado Bureau of Investigation runs background checks through its InstaCheck system, and a restoration certificate should update your record, though processing delays happen.

If the judge denies your petition, the statute sets no mandatory waiting period before refiling. In practice, refiling an identical petition right away rarely changes the outcome. Address what concerned the judge instead. If the problem was thin evidence of rehabilitation, build a stronger record over time: steady employment, community ties, completed programs, and a stable living situation, then try again.

1
Colorado General Assembly. Colorado House Bill 14-1230 – Restoration of the Right to Carry a Firearm by Certain Felons
2
Justia Law. Colorado Revised Statutes Title 18 Section 18-12-108 – Possession of Weapons by Previous Offenders
3
Colorado Judicial Branch. Motion to Have a Firearm
4
Colorado Judicial Branch. JDF 645 – Motion to Have a Firearm
5
Colorado Judicial Branch. List of Fees
6
Colorado Judicial Branch. Fee Waivers
7
Office of the Law Revision Counsel. 18 USC 922 – Unlawful Acts
8
Office of the Law Revision Counsel. 18 USC 921 – Definitions
9
U.S. Department of Justice. Federal Firearm Rights Restoration