Colorado Safe Gun Storage Law

With the ringing of the New Year comes revised Colorado statutes in effect on January 1st, 2025. One of these revised statutes is an update on the gun storage law that has been in effect since July 2021. For those not familiar, the safe gun storage law requires Colorado gun owners to store their firearms securely when not in use. The purpose of this law is to keep firearms out of the reach of people prohibited from gun ownership, such as juveniles or those with a domestic violence conviction. 

Here, we will explore the Colorado safe gun storage law requirements, the penalties for not complying with it, and potential defenses if you break it. In short, a gun owner charged with failure to store their gun properly faces jail time, fines, and a criminal record.

The Safe Storage of Firearms Bill, introduced in 2021, requires firearms to be safely and securely stored while not in use to prevent unsupervised juveniles and unauthorized users from gaining access to them.

What does the law consider responsible storage?

• The gun is either on your person, or

• In close enough proximity to your person that you can easily retrieve it as if it were on your body, or

• The gun is kept in a locked gun safe or another secure container, or

• A locking mechanism is properly installed on the firearm, or

• The safety characteristics of a personalized firearm are activated.

Minors and other unauthorized users in your home cannot:

• Have access to the gun safe’s key

• Know the combination to the safe or storage container

• Be able to open other unlocking mechanisms

Personalized Firearms

For this particular law, personalized firearms may mean a gun designed with technology to allow only the authorized user to fire it. The gun’s technology must prevent its safety characteristics from being readily deactivated by anyone other than the authorized user.

Various types of personalized firearm technology include:

• Fingerprint verification

• Magnetic encoding

• Radiofrequency tagging

• Biometric, mechanical, or electronic user ID systems

You have committed unlawful storage of a firearm if you know, or reasonably know, that an unsupervised juvenile can access a gun in your home.

The same goes for people living with you who are ineligible to own a gun. You, as the gun owner, could be criminally charged if a person prohibited from having a firearm – such as a person with a felony record – gains access to your firearm while residing in your house.

Here is how the law reads explicitly:

“[a] person commits unlawful storage of a firearm when the person fails to responsibly and securely store a firearm…upon any premises that the person owns or controls and the person knows or reasonably should know that: [a] juvenile can gain access to the firearm without the permission of the juvenile’s parent or guardian; or [a] resident of the premises is ineligible to possess a firearm pursuant to state or federal law.” (emphasis added). CRS § 18-12-114(2)(a)

Penalties for Unlawful Storage

If you fail to store your firearm properly, you could be charged and convicted of a class 2 misdemeanor. CRS § 18-12-114(2)(b)

In Colorado, class 2 misdemeanors are subject to jail time, fines, or both. If a judge orders jail time, you could face up to 120 days in jail. A fine for a class 2 misdemeanor range can reach as high as $750. CRS § 18-1.3-501(1)(a.5)

As we covered earlier, firearms need to be securely stored to prevent minors and unauthorized users from gaining access. If a juvenile is staying at your home and gets ahold of a gun, yes, you could be held liable for improper storage. 

You might wonder if this logic applies to adult visitors as well. Fortunately, no. You are not liable if an unauthorized visiting adult gains access to firearms in your home.

We mentioned earlier, however, that any unauthorized user residing on the premises cannot have access to your firearms.

Definition of 'Resident of the Premises'

While Colorado does not have a uniform definition of what it means to be a resident of the premises, we can infer the meaning based on case law and regulations. 

For example, our state’s potential jurors are called upon for possible service based on where they reside. In Jefferson County, people who primarily live in a house, apartment, or other such place of habitation within Jefferson County are considered county residents.

If a person from Jefferson County leaves their place of habitation for some time, they are still residents of Jefferson County so long as they intend to return home at some point. 

Colorado law considers a resident of the premises to be someone who lives at your home. This would not include a friend or relative visiting for a night.

For the time being, you are off the hook for adult house guests who gain unlawful access to your firearms.

The revisions to the Safe Storage of Firearms law include requirements for safely storing firearms in vehicles.  C.R.S. § 18-12-114.5. This act prohibits leaving a handgun unattended in a vehicle unless:

• The handgun is stored in a locked hard-sided container placed out of plain view, and 

• The container is in a locked vehicle, or

• The locked trunk of a locked vehicle, 

• Or a locked recreational vehicle.

Exceptions to vehicle gun storage include:

• Those with a disability may store their firearm in a locked soft-sided container 

• Antique firearms,

• Farmers and ranchers utilizing a long gun for work on private farm or ranch land,

• People living in a vehicle or recreational vehicle,

• Peace officers and active military members, and

• Certain activities related to lawful hunting.

Under Colorado law, anyone who has unsafely stored a firearm in a vehicle faces a civil infraction. A civil infraction is a non-criminal violation typically resulting in a fine rather than imprisonment. Violation of this statute is punishable by a fine of $100.

If you are charged with a gun storage safety violation, there are a few defenses you could use. If a minor gains access to your firearm and uses it, the statute offers some affirmative defenses such as:

• The minor used it to defend themselves or someone else

• The juvenile defended against an intruder in the home

• There was a need to defend livestock

If you are disabled, you may bypass the requirement of storing your firearm in a hard-sided case in your vehicle by utilizing a soft-sided case instead.

Remember, the burden is always on the state to prove guilt beyond a reasonable doubt, not on the gun owner to prove their innocence. 

If you are dealing with a charge due to improper gun storage, speak with an experienced Colorado criminal defense attorney to help you build a strong defense.

The safe storage law does not end with the gun owner; it also applies to gun dealers. C.R.S. § 18-12-506 defines a licensed gun dealer as someone licensed to import, manufacture, or sell firearms. 

Colorado requires firearm dealers to provide every firearm they sell or transfer with a locking device to secure the gun.  See C.R.S. § 18-12-405.

Note: The locking device requirement does not apply to antique gun sales.

Firearm dealers must also notify their customers that improper storage can result in jail time or fines. This notice must be posted in plain sight at the shop, and the lettering must be at least one inch in height.

"Unlawful storage of a firearm may result in imprisonment or a fine."

Gun dealers who do not comply with this law can be charged with an unclassified misdemeanor and receive a fine of up to $500.

It is crucial for you to understand your legal rights and options if you are charged with a crime. Do not try to navigate the legal process on your own. Our knowledgeable criminal defense attorneys will be your most vigorous defense against local or state prosecutors. 

Call us at 303-688-0944 to schedule a case assessment.