Can I buy a gun with a DUI in Colorado?

Posted on March 15, 2022

What is the background check process to buy a gun in Colorado?

Before people can lawfully buy a firearm in Colorado, they must pass a Colorado Bureau of Investigations (C.B.I.) background check. The process includes filling out an application and waiting about twenty minutes for approval (or a rejection).

1. What are the requirements for purchasing a gun in Colorado?

To buy a handgun in Colorado, the purchaser must be a Colorado resident and at least 21 years old.1

To buy a rifle in Colorado, the purchaser must be at least 18 years and does not have to be a Colorado resident. (However, some gun stores refuse to sell long guns to non-Colorado residents anyway.)2

Once a gun dealer establishes the purchaser’s age and residency, the purchaser must fill out an A.T.F. Form 4473. This form asks whether the purchaser either:

• has been dishonorably discharged from the armed forces,
• has been convicted of a felony,
• has been convicted of domestic violence (even if just for a misdemeanor),
• has ever been adjudicated a mental defective or committed to a mental institution,
• is subject to a protective order restraining the person from harassing, stalking, or threatening his/her child or an intimate partner or child of such a partner,
• renounced U.S. citizenship,
• is under indictment for a felony,
• is an illegal alien,
• is an unlawful user or addicted to marijuana or any depressant, stimulant, narcotic drug, or any other controlled substance, and
• is a fugitive.

Answering yes to any of these questions is an automatic bar to gun ownership in Colorado.

Once the A.T.F. Form 4473 is filled out, the gun dealer will submit it to the C.B.I. InstaCheck Unit. The C.B.I. will then perform a background check by searching various databases. The background check will typically deliver a yay or nay within 20 minutes.

Note that even private gun purchases in Colorado require a C.B.I. background check through an FFL (federal firearm licensed) dealer. FFLs usually charge a small fee to use their services.

If the C.B.I. approves the gun purchase, the buyer can leave with the gun immediately.

Remember that buyers may not carry a gun concealed unless they have a current and valid C.C.W. permit. People may apply for a C.C.W. permit in the Colorado county where they live, own property, or own a business.

Learn more about obtaining a permit to carry a concealed handgun in Colorado (C.R.S. 18-12-203).

2. What are the penalties for carrying a concealed weapon without a C.C.W. permit?

A first-time violation of Colorado’s concealed weapon law, C.R.S. 18-12-203, is a class 1 misdemeanor punishable by a fine of up to $1,000 and/or up to a 364 days in jail.3

A second or subsequent offense within five years of a prior offense is a Colorado class 5 felony. Conviction carries potential penalties of:

• 1-3 years in prison (with two years mandatory parole), and/or
• a fine of $1,000-$100,000.4

There are also collateral consequences of a felony firearms conviction in the state of Colorado, including the loss of your right to own or possess a firearm.

Note that Colorado has state preemption over local laws related to guns. So if state and local government laws conflict, state laws win out.

3. Can you appeal a failed background check to purchase firearms?

Would-be purchasers who fail their background check can appeal once to the C.B.I. The C.B.I.’s Appeals unit has 30 days to review the denial and issue a final determination.

Depending on the case, the Appeals Unit may reverse the denial if the purchaser can provide additional information. But if the Appeals Unit denies the gun purchase again, the decision is final.

See our related article about Colorado criminal background checks.

Legal References:

About the Author

Michael Becker

Michael Becker has over a quarter-century's worth of experience as an attorney and more than 100 trials under his belt. He is a sought-after legal commentator and is licensed to practice law in Colorado, Nevada, California, and Florida.

If you’re stopped for DUI in Colorado and the police officer observes, or searches and finds, a firearm in your vehicle, chances are that you will also be charged with “prohibited use of weapons” a/k/a “drunk with a gun”. In violation CRS 18-12-106. This charge is a serious charge that carries with it potential jail time and potential collateral consequences associated with a weapons violation.

Under the law, it doesn’t matter if the firearm was loaded or unloaded. And it seems that the police won’t care where in the vehicle the firearm was found. If it’s in the vehicle, regardless of the reason or location, the police will likely charge the offense.

Fortunately for the defendant driver, there are many factors to argue to fight the charge, and the case is not as easy to prove as a prosecutor might think. Firstly, the prosecutor has to prove that the driver was “under the influence”, in other words “intoxicated” or “drunk”. The charge won’t stick with a Driving While Ability Impaired (DWAI) conviction. The prosecutor has to show intoxication, rather than just impairment.

Secondly, the terms “possession” is very subjective. A skilled defense attorney will argue for a jury instruction that is best suited for the defendant. People v. Garcia, 595 P.2d 228 (Colo. 1979) is the leading case regarding “possession”.

The Garcia Court found the following factors which could be considered to determine if a firearm was in a person’s actual or physical control: 1) the proximity of the defendant to the firearm; 2) the ordinary place of storage of the firearm; 3) the defendant’s awareness of the presence of the firearm; 4) locks or other physical impediments which preclude ready access to the firearm.

If you’ve been charged with DUI and possession of a firearm while intoxicated, it’s important to get professional help right away by an attorney that can comprehensively defend this type of charge. Denver DUI Lawyer Monte Robbins has experience in defending charges of DUI and possession of a firearm. Call today for a free case evaluation at 303-355-5148 or 970-301-5541.

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