In Colorado, you are disqualified from owning a gun if you fall into any category prohibited by federal law or by state statute: a felony conviction, a misdemeanor conviction for domestic violence, a qualifying protection order or Extreme Risk Protection Order, an involuntary mental health commitment or formal adjudication, current use of a controlled substance (marijuana included), being under 21, or one of several other federal categories such as being a fugitive, under felony indictment, dishonorably discharged, an unlawful resident, or a person who has renounced U.S. citizenship. Federal penalties for a prohibited person caught with a firearm reach up to 15 years in prison, and Colorado adds its own charges on top.
Felony Convictions
Federal law bars anyone convicted of a crime punishable by more than one year in prison from possessing a firearm.1Office of the Law Revision Counsel. 18 USC 922 – Unlawful Acts That covers virtually every felony, whether the conviction came from a Colorado court, another state, or the federal system. Actual prison time isn’t the test; the potential sentence is.
Colorado adds a separate state crime for a convicted felon who knowingly possesses, uses, or carries a firearm. A basic violation is a class 6 felony. It rises to a class 5 felony if the weapon is a dangerous weapon or the underlying conviction involved burglary, arson, or force, and to a class 4 felony for a second or subsequent offense.2Justia. Colorado Code 18-12-108 – Possession of Weapons by Previous Offenders Any sentence runs consecutively with whatever you’re already serving.
Juvenile Adjudications
A juvenile record can disqualify you too. If you were adjudicated delinquent for conduct that would have been a felony if committed by an adult, you cannot possess firearms for 10 years from the date of that adjudication.3Colorado Bureau of Investigation. State and Federal Firearm Prohibitors After that window closes without further issues, the prohibition lifts.
Domestic Violence Misdemeanors
You don’t need a felony to lose your gun rights. The federal Lautenberg Amendment permanently bans anyone convicted of a misdemeanor crime of domestic violence from possessing a firearm, and Colorado incorporates that ban.4Department of Justice Archives. Criminal Resource Manual 1117 – Restrictions on the Possession of Firearms by Individuals Convicted of a Misdemeanor Crime of Domestic Violence
A qualifying offense is any misdemeanor involving the use or attempted use of physical force, or the threatened use of a deadly weapon, committed against a current or former spouse, parent, guardian, co-parent, cohabitant, or someone in a similar domestic relationship. Simple assault and battery convictions routinely meet that threshold when the victim falls into one of those relationship categories. The prohibition applies regardless of when the conviction occurred, including convictions that predate the 1996 law.4Department of Justice Archives. Criminal Resource Manual 1117 – Restrictions on the Possession of Firearms by Individuals Convicted of a Misdemeanor Crime of Domestic Violence
Protection Orders
No conviction is required for a court order to disqualify you. Federal law prohibits firearm possession by anyone subject to a qualifying protection order that restrains them from harassing, stalking, or threatening an intimate partner or the partner’s child.1Office of the Law Revision Counsel. 18 USC 922 – Unlawful Acts Two conditions must be met: you received actual notice of the hearing, and you had an opportunity to participate. Temporary ex parte orders generally don’t trigger the federal prohibition, but a full order entered after a hearing does. The Supreme Court upheld this restriction in United States v. Rahimi in 2024.
Once the order is issued, Colorado requires fast action. If served in open court, you must relinquish all firearms within 24 hours, excluding weekends and holidays. If served outside of court, the deadline is 48 hours. A court can grant an additional 24 hours if compliance within the initial window isn’t possible.5Justia. Colorado Code 13-14-105.5 – Civil Protection Orders – Prohibition on Possessing or Purchasing a Firearm You can sell or transfer the firearms to a federally licensed dealer, arrange storage through a law enforcement agency or contracted facility, or transfer them to a private party who can legally possess them (which requires a background check on the recipient).
Extreme Risk Protection Orders
Colorado’s Extreme Risk Protection Order (ERPO) law, sometimes called the Red Flag law, is a separate path. An ERPO is not a criminal charge and does not itself trigger a federal firearms prohibition under the mental health categories, but it makes possession illegal under state law for the duration of the order.6Justia. Colorado Code 13-14.5-110 – Reporting of Extreme Risk Protection Orders
A temporary ERPO can be issued quickly and lasts until a full hearing takes place, which must be scheduled within 14 days. If the court finds sufficient evidence at that hearing, a full ERPO can prohibit firearm possession for up to 364 days. A petition can be filed by a family or household member, a community member, or a law enforcement officer or agency.7Colorado Bureau of Investigation. CRS 13-14.5-104 – Extreme Risk Protection Orders
Mental Health Commitments and Adjudications
Federal law disqualifies anyone formally adjudicated as mentally defective or involuntarily committed to a mental institution. Those terms are narrower than most people assume. “Adjudicated as a mental defective” means a court, board, or other lawful authority has formally determined that a person is a danger to themselves or others, or lacks the mental capacity to manage their own affairs. “Committed to a mental institution” means an involuntary commitment by a lawful authority, not a voluntary admission.8Bureau of Alcohol, Tobacco, Firearms and Explosives. Federal Firearms Prohibitions Under 18 USC 922(g)(4)
Voluntarily seeking therapy, taking psychiatric medication, or checking yourself into a treatment facility does not trigger this prohibition. The disqualifier requires a formal legal proceeding with a finding on the record.
Substance Use and Marijuana
Anyone who is a current unlawful user of, or addicted to, any controlled substance is prohibited from possessing firearms under federal law.1Office of the Law Revision Counsel. 18 USC 922 – Unlawful Acts Current use doesn’t require daily consumption; it means a pattern recent enough to indicate ongoing involvement.
This is a real trap for Colorado residents. Marijuana remains a Schedule I controlled substance under federal law regardless of its state-legal status. The ATF has stated there are no exceptions for marijuana used for medicinal purposes, even when sanctioned by state law. If you hold a state-issued medical marijuana card, a licensed firearms dealer has “reasonable cause to believe” you are a prohibited user and cannot legally complete the sale.9Bureau of Alcohol, Tobacco, Firearms and Explosives. Open Letter to All Federal Firearms Licensees Regarding Medical Marijuana Use The same applies to recreational users. Anyone who uses marijuana in any form while possessing firearms is technically violating federal law.
Age Under 21
As of 2023, Colorado raised the minimum age to purchase any firearm to 21 for both handguns and long guns. This applies to purchases from licensed dealers and private sellers. The Tenth Circuit upheld the law after a constitutional challenge. Active-duty military members and peace officers are exempt.10Colorado General Assembly. SB23-169 – Increasing Minimum Age to Purchase Firearms
The law restricts purchasing, not possessing. An 18-to-20-year-old can still legally possess a firearm received as a gift, through inheritance, or by other non-sale transfers, but cannot walk into a gun store or arrange a private purchase until turning 21.
Other Federal Disqualifiers
Several other federal categories result in a firearms prohibition:
- Fugitives from justice, meaning anyone who has fled a jurisdiction to avoid prosecution or to avoid testifying in a criminal proceeding.1Office of the Law Revision Counsel. 18 USC 922 – Unlawful Acts
- Anyone under indictment for a crime punishable by more than one year in prison cannot ship, transport, or receive a firearm. This restriction is narrower than the full possession ban that follows a conviction, but it applies before any trial takes place.
- Anyone dishonorably discharged from the Armed Forces carries a permanent ban.
- Anyone who has formally renounced U.S. citizenship is permanently barred.
- Anyone in the United States illegally or without authorization cannot possess a firearm.
Penalties If You Possess a Gun Anyway
Under federal law, a prohibited person who knowingly possesses a firearm faces up to 15 years in prison and a fine of up to $250,000.11Office of the Law Revision Counsel. 18 USC 924 – Penalties The ceiling was raised from 10 years by the Bipartisan Safer Communities Act of 2022.
Lying on ATF Form 4473, the federal form every buyer fills out when purchasing from a dealer, is a separate felony carrying up to 10 years per count. The form asks directly about every disqualifying category, and false answers are aggressively prosecuted.12Bureau of Alcohol, Tobacco, Firearms and Explosives. Federal Prosecutors Aggressively Pursuing Those Who Lie in Connection With Firearm Transactions
At the state level, Colorado charges prohibited possession under its Possession of a Weapon by a Previous Offender statute, ranging from a class 6 to a class 4 felony depending on the weapon and the underlying conviction. Any sentence runs consecutively with existing sentences.2Justia. Colorado Code 18-12-108 – Possession of Weapons by Previous Offenders
Can You Get Your Gun Rights Back
It depends on what caused the prohibition. Some categories allow restoration; others are effectively permanent.
For felony convictions, there is no automatic restoration after you complete your sentence. The primary path in Colorado is a governor’s pardon, which requires completing your sentence, waiting a significant period, and demonstrating good character. The Colorado Department of Corrections processes pardon applications through its Executive Clemency Advisory Board, which reviews the application and forwards a recommendation to the governor.13Colorado Department of Corrections. Clemency Having your felony record sealed in Colorado does not restore your firearm rights under federal law. Sealing hides the record from most background checks, but the underlying conviction still exists for federal firearms purposes.
Prohibitions tied to court orders expire when the order expires. If you were disqualified because of a restraining order, your right to possess a firearm returns when the order is no longer in effect. The same is true for ERPOs: once the 364-day order runs its course without renewal, the prohibition lifts.
For domestic violence misdemeanors, federal law provides that the prohibition does not apply if the conviction has been expunged, set aside, or if civil rights have been restored, unless the expungement or restoration expressly bars firearm possession.4Department of Justice Archives. Criminal Resource Manual 1117 – Restrictions on the Possession of Firearms by Individuals Convicted of a Misdemeanor Crime of Domestic Violence Absent one of those remedies, the federal ban is permanent. Because state sentencing law and federal firearms prohibitions intersect in confusing ways, anyone in this situation should consult a Colorado attorney who specializes in firearms law before assuming their rights have been restored.