Our Blogs

Gun laws are constantly evolving, and individuals in Colorado must stay informed about the latest developments. These changes not only affect gun owners but also impact criminal defense strategies for those facing gun-related charges.

Red Flag Law

One significant development in Colorado gun laws is the implementation of the Red Flag Law. Under this law, a person’s firearms can be temporarily seized if deemed a significant risk to themselves or others. This law allows law enforcement or family members to petition the court for an Extreme Risk Protection Order (ERPO), which can temporarily remove firearms from an individual’s possession.

The Red Flag Law has implications for criminal defense cases as it may impact the availability and admissibility of firearms as evidence.

Background Check Requirements

Colorado has implemented universal background checks for firearm purchases, including private sales. Regardless of the transaction type, all individuals seeking a firearm must undergo a background check. The expansion of background check requirements enhances the enforcement of gun laws and can impact criminal defense cases by providing additional evidence or establishing compliance/non-compliance with the law.

Magazine Capacity Limitations

In 2019, Colorado enacted a law restricting magazine capacity to 15 rounds for firearms. This limitation applies to both the sale and possession of magazines. The law prohibits transferring or selling high-capacity magazines, but individuals who possess them before the law’s enactment can keep them.

Understanding the magazine capacity limitations is essential for individuals involved in criminal defense cases where possessing or using firearms with high-capacity magazines is at issue.

Enhanced Background Checks for Firearms Transfers

Colorado also passed a law in 2019 requiring enhanced background checks for certain firearm transfers. This law applies to transfers between private individuals and necessitates that the transferor and transferee undergo a background check conducted by a licensed firearms dealer or a local law enforcement agency.

Implementing enhanced background checks impacts the acquisition and transfer of firearms, potentially influencing criminal defense cases involving illegal or unauthorized transfers.

Impact on Criminal Defense

The latest developments in Colorado gun laws directly impact criminal defense strategies for individuals facing gun-related charges. Defense attorneys must stay up-to-date with the current laws and regulations to provide effective representation.

Understanding the nuances of the laws, such as the requirements for background checks, magazine capacity limitations, and the implications of the Red Flag Law, allows defense attorneys to navigate these factors in building a robust defense.

Compliance and Non-Compliance

Compliance with Colorado gun laws is crucial, as violations can lead to criminal charges. Compliance with background check requirements, magazine capacity limitations, and other gun laws can significantly impact criminal defense cases. Demonstrating compliance can support a defense argument, while non-compliance can weaken the defense strategy.

Consult with a Knowledgeable Attorney

Given Colorado gun law’s complexity and constant changes, consulting with a knowledgeable attorney is essential if you face gun-related criminal charges. An experienced criminal defense attorney will understand the latest developments in gun laws, have knowledge of potential defenses, and provide guidance tailored to your specific case. They can help navigate the intricacies of the law and work towards the best possible outcome.

Staying informed about the latest developments in Colorado gun laws is crucial for individuals, especially those involved in firearms-related criminal defense cases. The implementation of the Red Flag Law, background check requirements, magazine capacity limitations, and enhanced background checks for transfers significantly impact the legal landscape.

Consulting with an experienced criminal defense attorney who understands these laws is essential for a strong defense strategy. The evolving nature of gun laws in Colorado requires a thorough understanding of the legal framework and its implications for criminal defense cases.

By working closely with a knowledgeable attorney, you can navigate the complexities of these laws, assess their impact on your case, and develop an effective defense tailored to your circumstances. Remember, each case is unique, and legal advice should be sought to ensure accurate interpretation and application of the latest developments in Colorado gun laws.

Stay informed, protect your rights, and rely on the expertise of a qualified attorney to guide you through the intricacies of gun-related criminal defense in Colorado.

About the Author:

Andrew Bryant is a well-respected Colorado Springs criminal attorney who has been practicing in the area for years. A Colorado native, he returned to the home he loves after graduating from the University of Kentucky College of Law. Now, he uses the knowledge he gained as an El Paso County District Attorney to fight tirelessly for his clients’ rights. He is AV-Preeminent rated, has been recognized for his work by The National Trial Lawyers, and has been named to Best of the Springs lists by The Gazette for years.