Colorado statute
C.R.S. § 18-12-116 — Enforcement of large-capacity magazine ban by regulating the manufacture, distribution, transfer, sale, and purchase of specified semiautomatic firearms - penalties - definitions.
Current through 2025 Regular Session
Part of Part 1: FIREARMS AND WEAPONS - GENERAL, Colorado Revised Statutes.
Criminal charges under this statute
Full text of C.R.S. § 18-12-116
Statutory text current through the 2025 Regular Session. This is an officially sanctioned publication using the official text of the Colorado Revised Statutes; it is not the official statutes of the State of Colorado.
(1) As used in this section, unless the context otherwise requires: (a) "Cycle the action" means to extract the fired cartridge case, chamber the next cartridge, and prepare the firing mechanism to fire again. (b) "Detachable magazine" means an ammunition feeding device that is not permanently attached to a firearm and may be removed from the firearm without rendering the firearm incapable of accepting any magazine. "Detachable magazine" does not include an attached tubular magazine located under the barrel of a firearm. (c) "Gas-operated semiautomatic handgun" means any semiautomatic handgun that harnesses or traps a portion of the high-pressure gas from a fired cartridge to cycle the action using any of the following: (I) A long-stroke piston system in which gas is vented from the barrel to a piston that is mechanically fixed to the bolt group and moves to cycle the action; (II) A short-stroke piston system in which gas is vented from the barrel to a piston that moves separately from the bolt group so that the energy is imparted through a gas piston to cycle the action; (III) A system that traps and vents gas from either the barrel or the chamber to directly strike or impinge the bolt, bolt carrier, or slide assembly, to unlock and cycle the action; (IV) A hybrid system that combines elements of a system described in subsection (1)(c)(I) of this section with a system described in subsection (1)(c)(II) or (1)(c)(III) of this section to capture gas vented from the barrel to cycle the action; or (V) A blowback-operated system that directly utilizes the expanding gasses of the ignited propellant powder acting on the cartridge case to drive the breechblock or breech bolt rearward. (d) (I) "Specified semiautomatic firearm" means any of the following, except as provided in subsection (1)(d)(II) of this section: (A) A semiautomatic rifle or semiautomatic shotgun with a detachable magazine; or (B) A gas-operated semiautomatic handgun with a detachable magazine. (II) "Specified semiautomatic firearm" does not include: (A) A firearm designed to accept, and capable of operating only with, .22 or lower caliber rimfire ammunition, unless the firearm has a separate upper and lower receiver; (B) A firearm that is manually operated by bolt, pump, lever, or slide action; (C) A firearm that has a permanently fixed magazine that cannot accept more than fifteen rounds of ammunition, including a semiautomatic firearm that has been converted to have a permanently fixed magazine that cannot accept more than fifteen rounds of ammunition; (D) A single or double action semiautomatic handgun that uses recoil to cycle the action of the handgun; (E) The following models of firearms, as they exist and are configured on April 10, 2025: AG42 Ljungman; Benelli Argo E Pro; Benelli R1 Big-Game Rifle; Browning BAR MK 3; Browning BAR LongTrac Rifle; Browning BAR ShortTrac Rifle; Fabrique Nationale Model 49, commonly known as FN49; Fusil Automatique Modele 1917, also known as RSC M1917; Gewehr 43; Globco Mohawk; Hakim Rifle; HK SL6; HK SL7; M1 Carbine; M1941 Johnson Rifle; Marlin Camp Carbine; MAS49; Remington Model 4; Remington Model 8; Remington Model 740; Remington Model 742; Remington Model 750; Remington 7400; Ruger Deerfield Carbine; Ruger Mini-14 Ranch Rifle; Ruger Mini Thirty Rifle; Ruger Model 44; Springfield Armory M1A Standard Issue Rifle; SVT 40; Valmet Hunter M88; VZ.52; Winchester Model 100; Winchester Model 1905; Winchester Model 1907; and Winchester Model 1910; (F) A firearm that has been made permanently inoperable; or (G) An antique firearm, as defined in 18 U.S.C. sec. 921 (a)(16), or a curio or relic, as defined in 27 CFR 478.11. (2) On or after August 1, 2026, it is unlawful for any person to knowingly manufacture, distribute, transfer, sell, or purchase a specified semiautomatic firearm; except that a person may sell or transfer a specified semiautomatic firearm to an individual residing in another state or a federally licensed firearm dealer. (3) Subsection (2) of this section does not apply to: (a) The manufacture for, transfer or sale of a specified semiautomatic firearm to, or receipt or purchase of a specified semiautomatic firearm by: (I) A federal, state, local, or tribal law enforcement agency for the purpose of equipping the agency's peace officers; (II) A peace officer, as described in section 16-2.5-101, who is certified by the peace officer standards and training board created in section 24-31-302, if the agency that employs the peace officer requires or permits the peace officer to carry a specified semiautomatic firearm for use in the peace officer's official capacity; (III) The department of corrections, the warden of a prison, the superintendent of a facility in which a person has been placed by transfer from a correctional facility pursuant to section 17-23-101, the keeper of a jail, or the head of any other institution for the detention of people accused or convicted of an offense, in order to equip staff for the performance of their official duties; (IV) An entity that operates an armored vehicle business for use by an authorized employee of the entity while in the course and scope of the employee's duties; or (V) An instructor of an accredited gunsmithing course in a state-authorized institution of higher education or an institution regulated by the Colorado division of private occupational schools for the purposes of educational instruction or manufacture, repair, or maintenance of a specified semiautomatic firearm during the course of educational instruction; (b) The manufacture for, transfer or sale of a specified semiautomatic firearm to, or receipt or purchase of a specified semiautomatic firearm for use by, members of the armed services or reserve forces of the United States or of the Colorado National Guard, in the performance of their official duties; (c) The transfer of a specified semiautomatic firearm to, and receipt of a specified semiautomatic firearm by: (I) A federally licensed firearm dealer for temporary storage or permanent disposal; (II) A gunsmith for the purposes of maintenance, repair, or modification and the subsequent return of the specified semiautomatic firearm to the lawful owner, unless the gunsmith has reason to believe that the lawful owner is prohibited by law from possessing the specified semiautomatic firearm; or (III) A student of an accredited gunsmithing course in a state-authorized institution of higher education or an institution regulated by the Colorado division of private occupational schools for the purposes of educational instruction or manufacture, repair, or maintenance of a specified semiautomatic firearm during the course of the student's educational instruction; (d) The sale of a specified semiautomatic firearm to, and purchase of a specified semiautomatic firearm by, an institution of higher education that operates, or an instructor of, an educational program approved by the governing board of a public institution of higher education or the Colorado division of private occupational schools, for use and storage at the location of the educational program; (e) The transfer or sale of a specified semiautomatic firearm to, and receipt or purchase of a specified semiautomatic firearm by: (I) A person who: (A) Completed a hunter education course certified by the division of parks and wildlife, as described in section 33-6-107 (8), and, within five years before making the purchase, completed a basic firearms safety course described in subsection (5) of this section; (B) Within five years before making the purchase, completed an extended firearms safety course described in subsection (5) of this section; or (C) Completed an extended firearms safety course more than five years before making the purchase and completed a basic firearms safety course within five years before making the purchase; (II) A federal, state, or local historical society, museum, or institutional collection that is open to the public, if the specified semiautomatic firearm is rendered permanently inoperable prior to the sale or transfer; and (III) A forensic laboratory, or any authorized agent or employee of the laboratory, for use exclusively in the course and scope of forensic analysis; (f) 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; and (g) The manufacture, distribution, transfer, sale, or rental of a specified semiautomatic firearm capable of only firing blanks by, or receipt or purchase of a specified semiautomatic firearm capable of only firing blanks from, a federally licensed firearm dealer, for use solely as a prop for a film, as defined in section 24-48.5-114. (4) (a) A person who violates subsection (2) of this section commits unlawful manufacture, distribution, transfer, sale, or purchase of a specified semiautomatic firearm. (b) Unlawful manufacture, distribution, transfer, sale, or purchase of a specified semiautomatic firearm is a class 2 misdemeanor; except that a second or subsequent offense is a class 6 felony. (5) (a) (I) A basic firearms safety course and an extended firearms safety course must be taught by an instructor verified by a sheriff as a firearms instructor pursuant to section 18-12-202.7. A basic or extended firearms safety course must be held in person with the instructor of the class at the same location as the students, and no part of the class may be conducted via the internet. (II) In order to enroll in a basic or extended firearms safety course, a person must hold a valid firearms safety course eligibility card, as described in subsection (5)(b) of this section. Before allowing a student to attend a course, the instructor shall verify that the student holds a valid firearms safety course eligibility card by requesting information from the firearms training and safety course record system created in section 33-9-115. (III) (A) A basic firearms safety course must provide a minimum of four hours of instruction. (B) An extended firearms safety course must provide a minimum of twelve hours of instruction, which must be provided on at least two different days. (IV) A basic or extended firearms safety course must satisfy the course requirements adopted by the division and include, but is not limited to including, instruction on safe handling of semiautomatic firearms and ammunition magazines, safe storage of firearms and child safety, firearm deaths associated with mental illness, extreme risk protection orders described in article 14.5 of title 13, and victim awareness and empathy. (V) At the conclusion of a basic or extended firearms safety course, the instructor shall administer an exam that tests a student's knowledge of the subjects taught in the course and requires the student to demonstrate the ability to safely handle firearms and a mastery of gun safety. To complete a basic firearms safety course, a student must achieve a score of at least ninety percent on the exam. (VI) Within three business days after a student's completion of a basic or extended firearms safety course, the instructor shall report the student's course completion to the firearms training and safety course record system described in section 33-9-115. (b) (I) Each sheriff shall issue firearms safety course eligibility cards pursuant to this subsection (5)(b). A card is valid for five years after the date of issuance. (II) To obtain a firearms safety course eligibility card, an applicant must submit an application to the sheriff on a form created by the division of parks and wildlife and submit to the sheriff the materials described in subsection (5)(b)(III) of this section. The application form must require the applicant to provide their full name and date of birth and make the following attestations: (A) The applicant does not have a state or federal conviction that would prohibit them from purchasing or possessing a firearm; (B) The applicant will not violate relevant state law related to the purchase, possession, storage, and lawful use of firearms; and (C) The applicant will only transfer a firearm pursuant to section 18-12-112 and this section and not allow another person who the applicant believes would be a danger to themself or others access to a firearm in the applicant's possession. (III) An applicant must also submit to the sheriff: (A) Government-issued photographic identification issued to the applicant; and (B) The results of a completed name-based background check of national and Colorado public criminal history and judicial databases completed by a third-party vendor that conducts those checks as a normal part of the vendor's business, and an attestation from the vendor that the background check was performed by the vendor. (IV) A person who knowingly makes a false or misleading statement on a firearms safety course eligibility card application or deliberately omits any material information requested on the application commits perjury in the second degree, as described in section 18-8-503. In addition to any criminal penalties, if a person is convicted of perjury for making a false or misleading statement on a firearms safety course eligibility card application, the sheriff shall revoke the person's card if issued prior to conviction. (V) The applicant must submit a firearms safety course eligibility card fee to the sheriff. The firearms safety course eligibility card fee includes the sheriff's processing fee and the firearms training and safety course record fee established pursuant to section 33-9-115 (5)(a). The firearms safety course eligibility card fee is not refundable if the sheriff denies the applicant's application. Each sheriff may establish a processing fee. The amount of the fee must reflect the actual direct and indirect costs to the sheriff for issuing a firearms safety course eligibility card. The sheriff shall remit the firearms training and safety course record fee collected from each applicant to the division of parks and wildlife. (VI) (A) A sheriff shall review each submitted application for a firearms safety course eligibility card. (B) Except as otherwise provided in this subsection (5)(b)(VI), a sheriff shall issue a firearms safety course eligibility card to an applicant who submits to the sheriff the application, information, and fee required in this subsection (5)(b). (C) A sheriff shall deny an application for a firearms safety course eligibility card if the applicant cannot lawfully possess a firearm under state or federal law or the sheriff cannot positively identify the applicant. The sheriff may deny an application if the sheriff has a reasonable belief that documented previous behavior by the applicant makes it likely the applicant will present a danger to themself or others if the applicant holds a firearms safety course eligibility card. (D) The sheriff shall revoke an issued firearms safety course eligibility card if the sheriff knows that the cardholder cannot lawfully possess a firearm under state or federal law. The sheriff may revoke an issued firearms safety course eligibility card if the sheriff has a reasonable belief that documented previous behavior by the cardholder makes it likely the cardholder will present a danger to themself or others if the cardholder continues holding a firearms safety course eligibility card. (E) If a sheriff denies a person's firearms safety course card application or revokes a person's firearms safety course eligibility card, the sheriff shall notify the person in writing, stating the grounds for denial or revocation and informing the person of the right to seek judicial review pursuant to subsection (5)(b)(X) of this section. (VII) A sheriff shall report information required by the division of parks and wildlife about the card to the firearms training and safety course record system created in section 33-9-115. (VIII) A firearms safety course eligibility card must include the firearms safety course eligibility cardholder's full name; the county of issuance and the signature of the sheriff who issued the card; and the issuance and expiration dates of the card. (IX) A sheriff is not liable for any damages that may result from good faith compliance with the provisions of this subsection (5)(b), including damages that may result from issuance or denial of a firearms safety course eligibility card. (X) (A) If a sheriff denies a person's firearms safety course eligibility card application or revokes a person's firearms safety course eligibility card, the person may seek judicial review of the sheriff's decision. (B) The procedures specified in rule 106 (a)(4) and (b) of the Colorado rules of civil procedure govern the procedure and timelines for filing a complaint, an answer, and briefs for judicial review pursuant to this subsection (5)(b)(X). At a judicial review sought pursuant to this subsection (5)(b)(X), the sheriff has the burden of proving by a preponderance of the evidence that the person is ineligible for a firearms safety course eligibility card; except that if the denial or revocation is because the sheriff has determined that the applicant will present a danger to themself or others pursuant to subsection (5)(b)(VI) of this section, the sheriff has the burden of proving that determination by clear and convincing evidence. (C) Following completion of the review, the court may award attorney fees to the prevailing party.
Official sources
Legal terms used in this section
Questions this section answers
Is enforcement of large-capacity magazine ban by regulating the manufacture, distribution, transfer, sale, and purchase of specified semiautomatic firearms a felony or a misdemeanor in Colorado?
It depends on the circumstances: enforcement of large-capacity magazine ban by regulating the manufacture, distribution, transfer, sale, and purchase of specified semiautomatic firearms ranges from a class 2 misdemeanor to a class 6 felony in Colorado under C.R.S. § 18-12-116.
Unlawful manufacture, distribution, transfer, sale, or purchase of a specified semiautomatic firearm — first offense: class 2 misdemeanor (C.R.S. § 18-12-116(4)(b)) · Unlawful manufacture, distribution, transfer, sale, or purchase of a specified semiautomatic firearm — second or subsequent offense: class 6 felony (C.R.S. § 18-12-116(4)(b))
Which Colorado statute covers enforcement of large-capacity magazine ban by regulating the manufacture, distribution, transfer, sale, and purchase of specified semiautomatic firearms?
Enforcement of large-capacity magazine ban by regulating the manufacture, distribution, transfer, sale, and purchase of specified semiautomatic firearms is governed by C.R.S. § 18-12-116 (Enforcement of large-capacity magazine ban by regulating the manufacture, distribution, transfer, sale, and purchase of specified semiautomatic firearms - penalties - definitions).
This reference is informational and is not legal advice.