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Colorado Failure to Report a Lost or Stolen Firearm

Colorado Springs Failure to Report a Lost or Stolen Firearm Lawyer

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Colorado Revised Statute C.R.S. 18-12-113 outlines requirements for reporting a lost or stolen firearm in Colorado. Failing to report a lost or stolen firearm could result in a civil infraction or unclassified misdemeanor that carries the consequence of fines between $25 and $500, depending on how many offenses have previously occurred.

Penalties for Failure to Report a Lost or Stolen Firearm in Colorado

Charge Classification Penalty
[1] Failure to report a lost or stolen firearm Petty offense

 

$25 fine
[2] Failure to report a lost or stolen firearm (subsequent offenses) Misdemeanor Up to $500 in fines

Colorado Revised Statutes, CRS 18-12-113:

Section 18-12-113 – Failure to report a lost or stolen firearm – exception 

(1) (a)

(I) A person who owns a firearm and who has reasonable cause to believe that the firearm has been lost or stolen shall report such fact to a law enforcement agency not more than five days after discovering that the firearm has been lost or stolen. A report of a lost or stolen firearm must include, and the law enforcement agency receiving the report shall request, an accurate and detailed description of the firearm, including, to the extent known, the manufacturer, model, serial number, caliber, and any other identification number or distinguishing mark of the firearm being reported.

(II) A person other than the owner of a lost or stolen firearm who is a member of the owner’s family or who resides with the owner may report the loss or theft to a law enforcement agency. If a person who is not the owner of a lost or stolen firearm makes the report, the owner is not required to report pursuant to subsection (1)(a)(I) of this section. Making a report pursuant to this subsection (1)(a)(II) does not constitute acknowledgment of ownership of the firearm for the purposes of any other provision of law. 

(b) A person who previously reported a lost or stolen firearm pursuant to this section who has found or otherwise recovered the firearm, or any other person who has found or recovered the firearm, shall report to the law enforcement agency that received the report that the firearm has been recovered.

(c) Except as provided in subsection (3) of this section, a person who knowingly violates subsection (1)(a)(I) of this section commits failure to report a lost or stolen firearm. 

(2) Failure to report a lost or stolen firearm is a civil infraction, punishable by a twenty-five dollar fine; except that a second or subsequent offense is an unclassified misdemeanor and, upon conviction thereof, shall be punished by a fine of not more than five hundred dollars.

(3) This section does not apply to a licensed gun dealer, as defined in section 18-12-506. 

(4) Within five days after receiving a report of a lost or stolen firearm pursuant to this section, the law enforcement agency that receives the report shall enter any available descriptive information related to the lost or stolen firearm into the Colorado bureau of investigation crime information center database.

(5) A person who reports a lost or stolen firearm pursuant to subsection (1) of this section is immune from criminal prosecution for an offense in this part 1 related to the storage of firearms. 

(6) This section is known and may be cited as the “Isabella Joy Thallas Act”.

C.R.S. § 18-12-113

Added by 2021 Ch. 38,§ 1, eff. 9/7/2021.

2021 Ch. 38, was passed without a safety clause. See Colo. Const. art. V, § 1(3).

Have You Been Charged With Failure to Report a Lost or Stolen Firearm in Colorado Springs or El Paso County?

Failing to report when your firearm has been stolen or misplaced has serious consequences, particularly if the firearm falls into the hands of a dangerous individual.

Being convicted of failure to report a lost or stolen firearm requires the prosecutor to prove that you knew the firearm was missing.

A criminal conviction requires that a jury be able to find you guilty beyond a reasonable doubt. To defend yourself against a charge of failure to report a missing firearm, you must understand how the law applies to your case and what the District Attorney in El Paso County must prove. Contact a criminal defense attorney at Right Law Group today to discuss your case.

 

Don’t let one wrong decision impact your life, job or freedom.

Call today for a free case evaluation.

Colorado criminal procedure

  • Arrest or
    Summons
    01

    Arrest or
    Summons

    The process begins with either an arrest or a summons. The accused is either arrested or served with paperwork summoning them to appear in court. During an arrest, Miranda rights may or may not be read to you. Officers are only required to recite your rights if they intend to question you about potentially incriminating things.

  • Bond Hearing
    02

    Bond Hearing

    In most cases, you're entitled to have a reasonable bond set after you've been arrested. In situations involving domestic violence, the police will request input from the victim before setting a bond. Bonds are set to ensure that a person appears in court at their court dates. If they don’t show up, they forfeit the money that was paid for the bond.

  • Advisement of
    Charges
    03

    Advisement of
    Charges

    Whether you are arrested or given a summons to appear, the court must make sure you understand what crimes you are being accused of committing. This is called advisement of charges. The District Attorney will detail the specific charges against you, and the Judge has to make sure you understand what possible penalties are associated with that charge in the state.

  • Preliminary Hearing
    (for Higher Felony
    Charges)
    04

    Preliminary Hearing
    (for Higher Felony
    Charges)

    A preliminary hearing is a way for your defense attorney to challenge the District Attorney’s right to bring charges against you by making them prove that there is reason to believe you committed a crime. The Judge is not deciding your guilt or innocence, but rather whether or not there is probable cause to charge you with the crime in question.

  • Pretrial Conference /
    Disposition
    Hearing
    05

    Pretrial Conference /
    Disposition
    Hearing

    This court date comes after your attorney has reviewed all of the reports and evidence in your case. Here’s where your attorney will engage in plea negotiations with the DA. If they can reach an agreement on the case, you may be able to take a plea bargain. If they cannot reach a resolution, your case will be set for an arraignment or trial date.

  • Arraignment
    06

    Arraignment

    An arraignment is the final date for you to decide how you choose to plea. Guilty or not guilty. If you plead guilty, then the case is set for a sentencing date. If you plead not guilty, you and your attorney will then set the case for trial.

  • Motions Hearing
    07

    Motions Hearing

    A motion hearing is when an attorney makes a request that requires a decision from the judge. For example, motions to suppress evidence or statements. These motions can limit the information that goes before a jury if it benefits your case, and there are legal grounds for doing so.

  • Pretrial Readiness
    Conference
    08

    Pretrial Readiness
    Conference

    A pretrial readiness conference is held at some point before trial. It usually is held about a week to a month before the date trial is set to begin. This court date ensures everyone is ready to go to trial on the set date. It is also a time for lawyers to bring up any issues they may have to be addressed before the day of trial.

  • Jury Trial
    09

    Jury Trial

    After a jury is selected for trial, the District Attorney’s responsibility is to present the case to the jury. The DA must prove beyond a reasonable doubt that you are guilty of the crime. Otherwise, the jury must find you innocent. Your attorney will be able to cross-examine all of the witnesses, present evidence, and ultimately help you navigate this process.

  • Sentencing
    Date
    10

    Sentencing
    Date

    At sentencing, the Judge must decide the appropriate legal penalty for the crime you plead guilty. The Judge’s decision is based on the listed penalties for the specific charge, recommendations from the presentence investigation, your criminal history, as well as statements made at the sentencing by the District Attorney, your attorney, you, and any named victims of the crime.

Frequently Asked Questions

Do you have to have a gun safe in Colorado?

Colorado requires gun owners to have safe storage for their firearms. This includes a gun safe or a locking device to securely and responsibly store all firearms when they are not used. Unlawful storage could result in a Class 2 misdemeanor charge.

What if an NFA item is stolen?

If you are a Federal Firearms Licensee (FFL) and an NFA item in your inventory is missing, you must report the lost or stolen item within 48 hours of discovery. Reports must be made to the Bureau of Alcohol, Tobacco, Firearms, and Explosives (ATF) and your local law enforcement.

Is Colorado a concealed carry state?

Colorado residents can obtain a Colorado Concealed Handgun Permit (C.H.P.) and legally carry a concealed firearm. A non-resident concealed carry permit is not sufficient to conceal carry in Colorado.