Can felons own guns in Colorado?

Can Felons Own Guns in Colorado? A Comprehensive Guide

In Colorado, the laws regarding felon ownership of guns are clear, but complex. Whether a felon can own guns in the state depends on various factors, including their criminal history, the nature of their felony conviction, and the specific gun(s) in question. This article will provide a thorough breakdown of the laws, regulations, and exceptions applicable to felons in Colorado.

Direct Answer

No, felons in Colorado cannot own guns legally. The state’s firearms laws are designed to deny the right to possess guns to individuals who have a criminal record, particularly if it involves violent or threatening behavior.

Felony Convictions and Gun Possession

In Colorado, a felony conviction is defined as a criminal offense punishable by imprisonment for more than a year. If an individual is convicted of a felony, they are prohibited from owning or possessing firearms as a condition of their conviction.

Types of Firearms Prohibited

The law prohibits felons from possessing the following types of firearms:

• Handguns and semi-automatic rifles
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• Shotguns and rifles, if they are equipped with a shoulder stock or designed to be fired from the shoulder
• Any dangerous or unusual weapon, defined as a weapon that, when used in the normal and customary manner, poses a significant risk of producing serious bodily harm or death

Exceptions and Protections

While felons are generally prohibited from owning guns in Colorado, there are some exceptions and protections in place:

• Restorative Justice: In limited circumstances, a judge can grant a felon permission to possess a firearm as part of a restorative justice program. This program emphasizes rehabilitation and reintegration rather than punishment.
• Judicial Waiver: A court can waive the prohibition against gun possession if the felons can demonstrate that possession is necessary for their rehabilitation or for a legitimate sporting or hunting purpose.
• Medical Marijuana Patients: Legally authorized medical marijuana patients are exempt from the background check requirement for gun possession, but they are not exempt from the prohibition itself.

Consequences for Violating the Law

If a felon in Colorado is found to be owning or possessing a firearm, they can face serious consequences:

• Criminal Charges: Possession of a firearm as a convicted felon is punishable by up to 32 months in prison and up to a $500 fine.
• Civil Penalties: In addition to criminal charges, the state attorney general or local district attorneys can impose civil penalties of up to $10,000 for each violation.

Checklist for Felons

To determine if you are eligible to possess a firearm in Colorado as a felon, consider the following:

• Was your felony conviction related to a violent crime?

  • Yes: In most cases, you will be prohibited from owning firearms.
  • No: You may be eligible to possess a firearm, subject to a background check.

• Have you undergone rehabilitation or treatment as a condition of your sentence?

  • Yes: You may be eligible to possess a firearm, pending a judicial waiver or approval from a restorative justice program.
  • No: You will likely continue to be prohibited from possessing firearms.

• Have you obtained a waiver or approval from a court or administrative agency?

  • Yes: You may have permission to possess a firearm, but this is the exception rather than the rule.

Table: Common Felony Convictions Prohibiting Gun Possession in Colorado

In conclusion, while felons in Colorado are generally prohibited from owning guns, there are exceptions and protections available in limited circumstances. Individuals with a felony conviction seeking to possess a firearm in the state should consult with a qualified attorney to discuss their options and ensure they comply with all applicable laws and regulations.