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CRS 18-12-113

Colorado Failure to Report a Lost or Stolen Firearm — Exception

Have you been charged with failure to report a lost or stolen firearm in Colorado? 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.

Awards & Recognition

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.

Call now if you have been Arrested

FAQ: Colorado Failure to Report Lost or Stolen Firearm

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.

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