Upon the motion of the prosecuting attorney after the conviction of a defendant, the court may order the forfeiture of any firearms which were used by the defendant during the course of the criminal episode which gave rise to said conviction as an element of sentencing or as a condition of probation or of a deferred sentence. Firearms forfeited under this section shall be disposed of pursuant to section 16-13-311, C.R.S.
Source: L. 83: Entire section added, p. 667, � 11, effective July 1.
18-12-111. Unlawful purchase of firearms - report to law enforcement - unlawful attempted purchase while subject to a voluntary waiver - penalties. (1) Any person who knowingly purchases or otherwise obtains a firearm on behalf of or for transfer to a person who the transferor knows or reasonably should know is ineligible to possess a firearm pursuant to federal or state law commits a class 4 felony.
(2) (a) Any person who is a licensed dealer, as defined in 18 U.S.C. sec. 921 (a)(11), shall post a sign displaying the provisions of subsection (1) of this section in a manner that is easily readable. The person shall post such sign in an area that is visible to the public at each location from which the person sells firearms to the general public.
(b) Any person who violates any provision of this subsection (2) commits a civil infraction.
(3) (a) If a firearms dealer who holds a state permit to deal firearms pursuant to section 18-12-401.5 reasonably believes, knows or should know, or becomes aware after a transfer, that a person, including an employee, purchased or attempted to purchase a firearm in violation of subsection (1) of this section, the dealer shall report that information to a law enforcement agency with jurisdiction over the dealer's place of business.
(b) Failure to make the report required by this subsection (3) within forty-eight hours after the dealer becomes aware of an unlawful firearm purchase or attempted firearm purchase is a violation of state law concerning the sale of firearms and is subject to the penalties described in section 18-12-401.5 (7).
(4) [Editor's note: Subsection (4) is effective (see editor's note following this section)]
(a) A person who attempts to purchase a firearm while subject to a voluntary waiver of the right to purchase a firearm described in section 24-33.5-424.7 commits unlawful attempted firearm purchase while subject to a voluntary waiver. Unlawful attempted firearm purchase while subject to a voluntary waiver is a civil infraction and shall be punished by a fine of up to twenty-five dollars.
(b) Section 18-2-101 does not apply to conduct that constitutes a civil infraction pursuant to this subsection (4).
Source: L. 2000: Entire section added, p. 638, � 1, effective July 1. L. 2021: (2)(b) amended, (SB 21-271), ch. 462, p. 3212, � 347, effective March 1, 2022. L. 2024: (3) added, (HB 24-1353), ch. 492, p. 3458, � 5, effective July 1, 2025. L. 2025: (3)(a) amended, (SB 25-034), ch. 340, p. 1842, � 4, effective August 6; (4) added, (SB 25-034), ch. 340, p. 1842, � 4, effective (see editor's note).
Editor's note: Section 6(2) of chapter 340 (SB 25-034), Session Laws of Colorado 2025, provides that the act adding subsection (4) takes effect upon receipt of the notice to the revisor of statutes required by � 24-33.5-424.7 (8). As of publication date, the revisor of statutes had not received notice.
Cross references: For the short title (Colorado Voluntary Do-Not-Sell Act) and the legislative declaration in SB 25-034, see sections 1 and 2 of chapter 340, Session Laws of Colorado 2025.
18-12-111.5. Unlawful conduct involving an unserialized firearm, frame, or receiver - exceptions - penalties - authority to serialize a firearm. (1) (a) A person shall not knowingly possess or transport an unfinished frame or receiver; except that it is not an offense if the unfinished frame or receiver is required by federal law to be imprinted with a serial number and has been imprinted with a serial number by a federal firearms licensee pursuant to federal law or subsection (7) of this section.
(b) This subsection (1) does not apply to a federally licensed firearm importer or federally licensed firearm manufacturer acting within the scope of the importer's or manufacturer's license.
(2) (a) A person shall not knowingly sell, offer to sell, transfer, or purchase an unfinished frame or receiver; except that it is not an offense if the unfinished frame or receiver is required by federal law to be imprinted with a serial number and has been imprinted with a serial number by a federal firearms licensee pursuant to federal law or subsection (7) of this section.
(b) This subsection (2) does not apply to:
(I) A sale, offer to sell, transfer, or purchase if the purchaser is a federal firearms licensee; or
(II) A temporary transfer to a federal firearms licensee for the purpose of having the firearm or frame or receiver of a firearm imprinted with a serial number pursuant to subsection (7) of this section.
(3) (a) A person shall not knowingly possess, purchase, transport, or receive a firearm or frame or receiver of a firearm that is not imprinted with a serial number by a federal firearms licensee authorized to imprint a serial number on a firearm, frame, or receiver pursuant to federal law or subsection (7) of this section.
(b) This subsection (3) does not apply if:
(I) The person possessing, purchasing, transporting, or receiving the firearm or the frame or receiver of a firearm is a federally licensed firearm importer or federally licensed firearm manufacturer; or
(II) The firearm involved has been rendered permanently inoperable; is a defaced firearm, as described in section 18-12-103; is an antique firearm, as defined in 18 U.S.C. sec. 921 (a)(16); or was manufactured before October 22, 1968.
(4) (a) A person shall not knowingly sell, offer to sell, or transfer a firearm or frame or receiver of a firearm that is not imprinted with a serial number by a federal firearms licensee authorized to imprint a serial number on a firearm pursuant to federal law or subsection (7) of this section.
(b) This subsection (4) does not apply if:
(I) The person selling, offering to sell, or transferring the firearm or frame or receiver of a firearm is a federally licensed firearm importer or federally licensed firearm manufacturer, and the person purchasing or receiving the firearm or frame or receiver of a firearm is a federally licensed firearm importer or federally licensed firearm manufacturer;
(II) The firearm involved has been rendered permanently inoperable; is a defaced firearm, as described in section 18-12-103; is an antique firearm, as defined in 18 U.S.C. sec. 921 (a)(16); or was manufactured before October 22, 1968; or
(III) The transfer is a temporary transfer to a federal firearms licensee for the purpose of having the firearm or frame or receiver of a firearm imprinted with a serial number pursuant to subsection (7) of this section.
(5) (a) (I) A person shall not manufacture or cause to be manufactured, including through the use of a three-dimensional printer, a frame or receiver of a firearm.
(II) This subsection (5)(a) does not apply to a federally licensed firearm manufacturer.
(b) (I) A person who owns, on the day before June 2, 2023, a firearm or a frame or receiver of a firearm that the person manufactured and that is not imprinted with a serial number by a federal firearms licensee shall, no later than January 1, 2024, have the firearm or the frame or receiver of a firearm imprinted with a serial number by a federal firearms licensee authorized to imprint a serial number on a firearm, frame, or receiver pursuant to federal law or subsection (7) of this section.
(II) This subsection (5)(b) does not apply to a federal firearms licensee.
(6) (a) A person who violates subsection (1), (2), (3), (4), or (5)(a) of this section commits unlawful conduct involving an unserialized firearm, frame, or receiver.
(b) Unlawful conduct involving an unserialized firearm, frame, or receiver is a class 1 misdemeanor; except that a second or subsequent offense is a class 5 felony.
(7) (a) A federal firearms licensee may serialize a firearm or frame or receiver of a firearm, including a finished or unfinished frame or receiver, by imprinting a serial number on the firearm, frame, or receiver. To serialize a firearm, frame, or receiver, the dealer or other licensee must imprint on the firearm, frame, or receiver a serial number beginning with the dealer's or licensee's abbreviated federal firearms license number, which is the first three and last five digits of the license number, followed by a hyphen, before a unique identification number. The serial number must not be duplicated on any other firearm, frame, or receiver serialized by the licensee, and must be imprinted in a manner that complies with the requirements in federal law for imprinting a serial number on a firearm, including the minimum size and depth of the serial number and that the serial number is not susceptible to being readily obliterated, altered, or removed.
(b) The licensee must retain a record concerning a firearm, frame, or receiver serialized by the licensee that complies with the requirements under federal law for the sale of a firearm. In addition to any record required by federal law, a federal firearms licensee that imprints a unique serial number on a firearm, frame, or receiver pursuant to this subsection (7) shall make a record at the time of the transaction of each transaction involving serializing a firearm, frame, or receiver and keep that record. The record must include the following information: The date, name, age, and residence of any person to whom the item is transferred; and the unique serial number imprinted on the firearm, frame, or receiver. A licensee that fails to make and retain a record required in this subsection (7)(b) shall be punished as provided in section 18-12-403.
(c) Returning a newly serialized firearm, frame, or receiver to a person after serializing the firearm, frame, or receiver pursuant to federal law or this subsection (7) is a transfer of a firearm, and a federal firearms licensee that imprints a unique serial number on the firearm, frame, or receiver pursuant to this subsection (7) shall conduct a background check on the transferee pursuant to section 18-12-112.5 before returning the firearm to the transferee. If the transfer is denied, the licensee shall surrender the firearm, frame, or receiver to a law enforcement agency.
Source: L. 2023: Entire section added, (SB 23-279), ch. 311, p. 1894, � 2, effective June 2; (1) and (3) added, (SB 23-279), ch. 311, p. 1894, � 2, effective January 1, 2024.
18-12-112. Private firearms transfers - sale and purchase - background check required - penalty - definitions. (1) (a) On and after July 1, 2013, except as described in subsection (6) of this section, before any person who is not a licensed gun dealer, as defined in section 18-12-506 (6), transfers or attempts to transfer possession of a firearm to a transferee, he or she shall:
(I) Require that a background check, in accordance with section 24-33.5-424, C.R.S., be conducted of the prospective transferee; and
(II) Obtain approval of a transfer from the bureau after a background check has been requested by a licensed gun dealer, in accordance with section 24-33.5-424, C.R.S.
(b) As used in this section, unless the context requires otherwise, transferee means a person who desires to receive or acquire a firearm from a transferor. If a transferee is not a natural person, then each natural person who is authorized by the transferee to possess the firearm after the transfer shall undergo a background check, as described in paragraph (a) of this subsection (1), before taking possession of the firearm.
(2) (a) A prospective firearm transferor who is not a licensed gun dealer shall arrange for a licensed gun dealer to obtain the background check required by this section.
(b) A licensed gun dealer who obtains a background check on a prospective transferee shall record the transfer, as provided in section 18-12-402, and retain the records, as provided in section 18-12-403, in the same manner as when conducting a sale, rental, or exchange at retail. The licensed gun dealer shall comply with all state and federal laws, including 18 U.S.C. sec. 922, as if he or she were transferring the firearm from his or her inventory to the prospective transferee.
(c) A licensed gun dealer who obtains a background check for a prospective firearm transferor pursuant to this section shall provide the firearm transferor and transferee a copy of the results of the background check, including the bureau's approval or disapproval of the transfer.
(d) A licensed gun dealer may charge a fee for services rendered pursuant to this section, which fee shall not exceed ten dollars.
(e) A person who is not a licensed gun dealer shall not make or facilitate the sale of a firearm to a person who is less than twenty-one years of age.
(f) It is unlawful for a person who is less than twenty-one years of age to purchase a firearm.
(g) Subsections (2)(e) and (2)(f) of this section do not apply if:
(I) The person is an active member of the United States armed forces while on duty and serving in conformance with the policies of the United States armed forces; or
(II) The person is a peace officer, as described in section 16-2.5-101, while on duty and serving in conformance with the policies of the employing agency, as set forth in section 16-2.5-101 and section 16-2.5-135; or
(III) The person is certified by the P.O.S.T. board pursuant to section 16-2.5-102.
(3) (a) A prospective firearm transferee under this section shall not accept possession of the firearm unless the prospective firearm transferor has obtained approval of the transfer from the bureau after a background check has been requested by a licensed gun dealer, as described in paragraph (b) of subsection (1) of this section.
(b) A prospective firearm transferee shall not knowingly provide false information to a prospective firearm transferor or to a licensed gun dealer for the purpose of acquiring a firearm.
(4) If the bureau approves a transfer of a firearm pursuant to this section, the approval shall be valid for thirty calendar days, during which time the transferor and transferee may complete the transfer.
(5) A person who transfers a firearm in violation of the provisions of this section may be jointly and severally liable for any civil damages proximately caused by the transferee's subsequent use of the firearm.
(6) The provisions of this section do not apply to:
(a) A transfer of an antique firearm, as defined in 18 U.S.C. sec. 921(a)(16), as amended, or a curio or relic, as defined in 27 CFR 478.11, as amended;
(b) A transfer that is a bona fide gift or loan between immediate family members, which are limited to spouses, parents, children, siblings, grandparents, grandchildren, nieces, nephews, first cousins, aunts, and uncles;
(c) A transfer that occurs by operation of law or because of the death of a person for whom the prospective transferor is an executor or administrator of an estate or a trustee of a trust created in a will;
(d) A transfer that is temporary and occurs while in the home of the unlicensed transferee if:
(I) The unlicensed transferee is not prohibited from possessing firearms; and
(II) The unlicensed transferee reasonably believes that possession of the firearm is necessary to prevent imminent death or serious bodily injury to the unlicensed transferee;
(e) A temporary transfer of possession without transfer of ownership or a title to ownership, which transfer takes place:
(I) At a shooting range located in or on premises owned or occupied by a duly incorporated organization organized for conservation purposes or to foster proficiency in firearms;
(II) At a target firearm shooting competition under the auspices of, or approved by, a state agency or a nonprofit organization; or
(III) While hunting, fishing, target shooting, or trapping if:
(A) The hunting, fishing, target shooting, or trapping is legal in all places where the unlicensed transferee possesses the firearm; and
(B) The unlicensed transferee holds any license or permit that is required for such hunting, fishing, target shooting, or trapping;
(f) A transfer of a firearm that is made to facilitate the repair or maintenance of the firearm; except that this paragraph (f) does not apply unless all parties who possess the firearm as a result of the transfer may legally possess a firearm;
(g) Any temporary transfer that occurs while in the continuous presence of the owner of the firearm;
(h) A temporary transfer for not more than seventy-two hours. A person who transfers a firearm pursuant to this paragraph (h) may be jointly and severally liable for damages proximately caused by the transferee's subsequent unlawful use of the firearm; or
(i) A transfer of a firearm from a person serving in the armed forces of the United States who will be deployed outside of the United States within the next thirty days to any immediate family member, which is limited to a spouse, parent, child, sibling, grandparent, grandchild, niece, nephew, first cousin, aunt, and uncle of the person.
(7) For purposes of paragraph (f) of subsection (6) of this section:
(a) An owner, manager, or employee of a business that repairs or maintains firearms may rely upon a transferor's statement that he or she may legally possess a firearm unless the owner, manager, or employee has actual knowledge to the contrary and may return possession of the firearm to the transferor upon completion of the repairs or maintenance without a background check;
(b) Unless a transferor of a firearm has actual knowledge to the contrary, the transferor may rely upon the statement of an owner, manager, or employee of a business that repairs or maintains firearms that no owner, manager, or employee of the business is prohibited from possessing a firearm.
(8) Nothing in subsection (6) of this section shall be interpreted to limit or otherwise alter the applicability of section 18-12-111 concerning the unlawful purchase or transfer of firearms.
(9) (a) A person who violates a provision of this section commits a class 2 misdemeanor and shall be punished in accordance with section 18-1.3-501. The person shall also be prohibited from possessing a firearm for two years, beginning on the date of his or her conviction.
(b) When a person is convicted of violating a provision of this section, the state court administrator shall report the conviction to the bureau and to the national instant criminal background check system created by the federal Brady Handgun Violence Prevention Act, Pub.L. 103-159, the relevant portion of which is codified at 18 U.S.C. sec. 922 (t). The report shall include information indicating that the person is prohibited from possessing a firearm for two years, beginning on the date of his or her conviction.
Source: L. 2013: Entire section added, (HB 13-1229), ch. 47, p. 128, � 1, effective March 20. L. 2018: IP(1)(a) and (2)(b) amended, (SB 18-032), ch. 8, p. 153, � 6, effective October 1. L. 2021: (9)(a) amended, (SB 21-271), ch. 462, p. 3212, � 348, effective March 1, 2022. L. 2023: (2)(e), (2)(f), and (2)(g) added, (SB 23-169), ch. 123, p. 459, � 2, effective August 7.
18-12-112.5. Firearms transfers by licensed dealers - sale and purchase - background check required - penalty - definitions. (1) (a) It is unlawful for a licensed gun dealer to transfer a firearm to a transferee until the dealer has obtained approval for the firearms transfer from the bureau after the bureau has completed any background check required by state or federal law.
(a.3) A person who is a licensed gun dealer shall not make or facilitate the sale of a firearm to a person who is less than twenty-one years of age.
(a.5) It is unlawful for a person who is less than twenty-one years of age to purchase a firearm. This subsection (1)(a.5) and subsection (1)(a.3) of this section do not apply if:
(I) The person is an active member of the United States armed forces while on duty and serving in conformance with the policies of the United States armed forces; or
(II) The person is a peace officer, as described in section 16-2.5-101, while on duty and serving in conformance with the policies of the employing agency, as set forth in section 16-2.5-101 and section 16-2.5-135; or
(III) An individual certified by the P.O.S.T. board pursuant to section 16-2.5-102.
(b) Transferring or selling a firearm in violation of this subsection (1) is a class 1 misdemeanor.
(c) Purchasing a firearm in violation of this subsection (1) is a class 2 misdemeanor.
(2) This section does not apply to the sale of an antique firearm, as defined in 18 U.S.C. sec. 921 (a)(16), as amended, or a curio or relic, as defined in 27 CFR 478.11, as amended.
(3) As used in this section, unless the context otherwise requires:
(a) Licensed gun dealer has the same meaning set forth in section 18-12-506.
(b) Transfer has the same meaning set forth in section 24-33.5-424.
Source: L. 2021: Entire section added, (HB 21-1298), ch. 268, p. 1552, � 1, effective June 19. L. 2023: (1) amended, (SB 23-169), ch. 123, p. 459, � 3, effective August 7.