Call or Message Us 24/7

Possession of Loaded Firearm in Vehicle – Colorado Law – CRS 33-6-125

https://youtu.be/6l9V9d8-B8s Under Colorado Revised Statute § 33-6-125, possessing a loaded shotgun or rifle in a motor vehicle is a misdemeanor, carrying

There is no jail, but the DMV will suspend your driver’s license for six months to one year. Meanwhile, it is generally lawful to have a loaded handgun in a vehicle. Graphic that shows you cannot possess loaded long guns in a vehicle in Colorado, but you can possess loaded handguns An exception to this rule is law enforcement: Police officers may drive while in possession of a loaded firearm if authorized.1 In this article, our Denver, Colorado criminal defense attorneys discuss the following topics regarding loaded firearms in vehicles:

1. Purpose of Law

Colorado’s prohibition against possessing loaded long guns in vehicles is meant to prevent unlawful hunting practices, such as poaching from vehicles. Having a loaded rifle or shotgun makes it quicker and easier to take shots at wildlife from a vehicle, which violates state law in most circumstances. The reason why loaded handguns remain lawful to keep in cars is that they are mainly for the purpose of self-defense, not hunting.2

Rifle resting on the hood of a car against a forest background
CRS 33-6-125 is designed to deter unlawful hunting practices.

2. “Dangerous Weapons”

It is never lawful in Colorado to drive with a dangerous weapon, whether loaded or unloaded. Dangerous weapons include:

  • short shotguns,
  • short rifles, and
  • machine guns.3

The following table summarizes the laws for driving with handguns, long guns, and dangerous weapons in Colorado.

Type of Firearm Unloaded in Vehicle Loaded in Vehicle
Handguns Yes Yes
Long Guns Yes No
Short Shotguns or Rifles No No

3. Muzzle-Loaders

A “muzzle-loader” is unloaded if it is not primed. “Primed” means having

  • a percussion cap on the nipple or flint in the striker and
  • powder in the flash pan.

Muzzle-loaders can be long guns or handguns. As long guns, they cannot be loaded in vehicles; as handguns, they can be.4

Long gun resting on the hood of a car against a bucolic background
It is unlawful to drive with a loaded long gun in Colorado under CRS 33-6-125.

4. Police Searches

During a traffic stop, law enforcement officers may inspect the chamber of any rifle or shotgun in a motor vehicle to ensure it is unloaded. You must permit the police to examine the gun.5

5. Concealed Carry

In Colorado, you do not need a concealed carry permit (CHP) to carry a loaded or unloaded handgun in a private automobile. This is because handguns are not considered “concealed weapons” if either:

  • you possess the handgun in a private automobile or in some other private means of conveyance, and you carry the handgun for a lawful use, including self-defense; or
  • you possess the handgun while hunting lawfully.6
Revolver in the glove compartment of a vehicle
You do not need a concealed carry permit to carry a handgun in your vehicle.

6. Unattended Firearms in Vehicles

In general, Colorado prohibits knowingly leaving a handgun in an unattended vehicle unless:

  1. the gun is in a locked hard-sided container,
  2. the container is placed out of plain view, and
  3. the container is locked in the vehicle.

These same rules apply to long guns except that they may be stored in a soft-sided container if a locking device is installed on the firearm. Violations are civil infractions carrying up to $100.7

7. Snowmobile Carry

In Colorado, it is unlawful to operate a snowmobile with a long gun unless it is both:

  • unloaded and
  • enclosed in a carrying case or inserted in a scabbard.8
Loaded handgun on passenger seat in car, which is legal in Colorado under CRS 33-6-125.
It is generally lawful to drive with a loaded handgun in Colorado.

Frequently Asked Questions

Can I carry a loaded handgun in my car in Colorado?

Yes, you can lawfully carry a loaded handgun in your car in Colorado. You do not need a concealed carry permit to have a loaded handgun in your private vehicle as long as you carry it for a lawful purpose, including self-defense.

What happens if I get caught with a loaded rifle or shotgun in my vehicle?

If you are caught with a loaded rifle or shotgun in your vehicle, you will face a misdemeanor charge with a $100 fine and 15 DMV points. There is no jail time, but the DMV will suspend your driver’s license for six months to one year.

How should I store my gun if I leave it in my car unattended?

If you leave a handgun unattended in your vehicle, it must be in a locked hard-sided container that is out of plain view and locked in the vehicle. For rifles or shotguns, you can use a soft-sided container if a locking device is installed on the firearm. Violations carry up to a $100 fine.

Can police search my gun during a traffic stop?

Yes, during a traffic stop, police officers can inspect the chamber of any rifle or shotgun in your vehicle to make sure it’s unloaded. You must allow the police to inspect the gun; you cannot refuse the inspection.

Additional Reading

For more information, refer to our related articles:


Legal References

  1. CRS 33-6-125:

    It is unlawful for any person, except a person authorized by law or by the division, to possess or have under the person’s control any firearm, other than a pistol or revolver, in or on any motor vehicle unless the chamber of the firearm is unloaded. Any person in possession or in control of a rifle or shotgun in a motor vehicle shall allow any peace officer who is empowered and acting under the authority granted in section 33-6-101 to enforce articles 1 to 6 of this title 33 to inspect the chamber of any rifle or shotgun in the motor vehicle. For the purposes of this section, a “muzzle-loader” shall be considered unloaded if it is not primed, and “primed” means having a percussion cap on the nipple or flint in the striker and powder in the flash pan. Any person who violates this section is guilty of a misdemeanor and, upon conviction thereof, shall be punished by a fine of one hundred dollars and an assessment of fifteen license suspension points.

    See also Point Suspensions, Colorado Department of Revenue. See also People v. Coca (Colo. 1992) 829 P.2d 385.
  2. See same.
  3. CRS 18-12-102.
  4. See note 1.
  5. See note 1.
  6. Same. CRS 18-12-204. Note that people under 18 cannot open carry a handgun (with rare exceptions). CRS 18-12-108.5. See also  18 U.S.C. § 3665.
  7. HB24-1348. CRS 18-12-114.5.
  8. CRS 33-14-117.

Get Quick Legal Help...

This form is encrypted and protected by attorney-client confidentiality.