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C.R.S. 18-12-114

Colorado Secure Firearm Storage Requirement

Colorado statute C.R.S. 18-12-114 outlines requirements for secure firearm storage. Failing to store a firearm securely could result in a Class 2 misdemeanor charge punishable by up to 120 days in jail and $750 in fines. With each firearm sale, licensed gun dealers must provide a locking device to secure the weapon.

Let’s face it. Life happens.

No one wants to get in trouble, but when it happens, what do you do?

If you have been arrested or charged with a crime, the best decision you can make is to
hire a good criminal defense attorney. With the right defense lawyer in your corner, you
will be advised and guided towards the best outcome for your case.

Penalties for Failure to Obtain Secure Firearm Storage in Colorado

Charge Classification Penalty
Unlawful storage of a firearm Misdemeanor

 

Class 2: Up to $750 in fines and up to 120 days in jail
Transferring a firearm without a locking device Misdemeanor Unclassified: Maximum fine of $500

Colorado Revised Statutes, CRS 18-12-114:

Section 18-12-114 – Secure firearm storage required – penalty – exceptions

(1) Firearms must be responsibly and securely stored when they are not in use to prevent access by unsupervised juveniles and other unauthorized users. A person responsibly and securely stores a firearm when:

(a) The person carries the firearm on his or her person or within such close proximity thereto that the person can readily retrieve and use the firearm as if the person carried the firearm on his or her person; 

(b) The firearm is kept in a locked gun safe or other secure container or in a manner that a reasonable person would believe to be secure and a juvenile or resident of the premises who is ineligible to possess a firearm does not have access to the key, combination, or other unlocking mechanism necessary to open the safe or container;

(c) The person properly installs a locking device on the firearm and a juvenile or resident of the premises who is ineligible to possess a firearm does not have access to the key, combination, or other unlocking mechanism necessary to remove the locking device; or

(d) The firearm is a personalized firearm and the safety characteristics of the firearm are activated. 

(2) (a) A person commits unlawful storage of a firearm when the person fails to responsibly and securely store a firearm, as described in subsection (1) of this section, upon any premises that the person owns or controls and the person knows or reasonably should know that:

 (I) A juvenile can gain access to the firearm without the permission of the juvenile’s parent or guardian; or 

(II) A resident of the premises is ineligible to possess a firearm pursuant to state or federal law. 

(b) Unlawful storage of a firearm is a class 2 misdemeanor. 

(c) It is an affirmative defense to the offense of unlawful storage of a firearm that a juvenile gained possession of, and used, the firearm for the purpose of exercising the rights contained in section 18-1-704 or 18-1-704.5 or in defense of livestock.

(3) This section does not apply to storing 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. 

C.R.S. § 18-12-114 

Added by 2021 Ch. 39,§ 4, eff. 7/1/2021.

Section 8 of chapter 39 (HB 21-1106), Session Laws of Colorado 2021, provides that the act adding this section applies to offenses committed on or after July 1, 2021.

Have You Been Charged With Failure to Store Firearms Securely in Colorado Springs or El Paso County?

According to federal and Colorado state law, failing to store your firearm securely when it’s not in use has serious consequences, particularly if it becomes accessible to a juvenile or someone else who is prohibited from possessing firearms. Conviction of failing to secure your firearm properly requires the prosecution to prove that you knowingly and irresponsibly declined to store it safely. A criminal conviction for this charge requires that a jury find you guilty beyond a reasonable doubt. To defend yourself against a charge of failure to obtain secure firearm storage, you must understand how the statute applies to your particular case and what El Paso County’s District Attorney must prove. If you have questions about the charges you’re facing or need to hire an experienced criminal defense attorney for your case, contact our team at Right Law Group today.

FAQ: Colorado Secure Firearm Storage Requirement

Can you keep a gun in your glove box in Colorado?

It is permitted by Colorado law for individuals to have loaded revolvers or pistols in their vehicle without a Conceal Carry Weapon (C.C.W.) permit. Best practice requires the place where the weapon is stored to be locked, but that is not legally necessary.  Long guns – like a shotgun or a rifle – must be unloaded when kept in a motor vehicle, and carrying a loaded gun in your car could result in a misdemeanor charge with penalties of up to $100 in fines and 15 points on your license.

Should ammunition be stored separately from firearms in Colorado?

While it is not unlawful to store ammunition and firearms together in Colorado, it is recommended to separate them as a best practice for safety reasons.

What is the best option for the safe storage of firearms in Colorado?

The safest possible option for secure firearm storage is to store your gun unloaded in a gun safe or lock box with the key inaccessible by unauthorized parties.