C.R.S. § 18-12-111 – Unlawful Purchase of a Firearm in Colorado

Colorado Revised Statute § 18-12-111 C.R.S. makes it a crime to buy or obtain a firearm for someone whom you know is prohibited from having guns. The unlawful purchase of firearms is a class 4 felony punishable by

• 2 to 6 years in prison (plus 3 years of parole) and/or
• a fine of $2,000 to $500,000.

You will also lose your right to own or possess firearms. 

Note that licensed gun dealers who fail to post a sign displaying the provisions of C.R.S. 18-12-111 face charges for a civil infraction carrying up to $100 in fines.

In this article, our Denver criminal defense attorneys will address the following key issues regarding the unlawful purchase of firearms in Colorado:

• 1. Elements of C.R.S. 18-12-111
• 2. Defenses
• 3. Immigration Consequences
• 4. Record Seals
• Frequently Asked Questions
• Additional Reading

1. Elements of C.R.S. 18-12-111

It is a C.R.S. 18-12-111 violation to buy or transfer a gun to someone whom you know – or reasonably should know – cannot lawfully possess firearms under Colorado or federal law.¹

Example: Jeff lost his gun rights after getting a robbery conviction in Denver. His friend Adam knows about this. Adam then buys Jeff a gun for his birthday. Here, Adam violated C.R.S. 18-12-111 because he obtained a gun for Jeff, even though Adam knew Jeff could not legally possess firearms.

The following people are prohibited from possessing firearms in Colorado:

• People convicted of qualifying domestic violence offenses;
• People convicted of a felony or another offense that disqualifies them from possessing firearms under federal law;
• Subjects of a protective order that prohibits possession of a firearm;
• Fugitives from justice;
• Drug addicts or unlawful users;
• People unlawfully in the U.S.;
• Legal aliens with a non-immigrant visa (usually);
• People committed to any mental institution or adjudicated under federal mental-health firearm prohibitor rules;
• Dishonorably discharged Armed Forces veterans;
• People who have renounced their U.S. citizenship;
• People under 21 years old, subject to certain statutory exceptions; 
• People with juvenile felony-level adjudications in the last 10 years;
• People with private-transfer background-check violations in the last 2 years; and
• People with certain recent misdemeanor convictions in the last 5 years.²

2. Defenses

Here at Colorado Legal Defense Group, we have represented literally thousands of people charged with gun crimes, including unlawful purchase of a firearm. In our experience, the following three defenses have proven very effective with prosecutors, judges, and juries at getting C.R.S. 18-12-111 charges reduced or dismissed. 

1. You had no knowledge of the lack of gun rights. If you believed the person you got the firearm for had the right to have a gun, then you did not violate C.R.S. 18-12-111. Perhaps you were lied to or tricked. We would compile evidence – such as recorded communications and eyewitnesses – to show that you had no criminal intent.
2. The recipient had gun rights. Perhaps law enforcement mistakenly believed that the person you bought the gun for had lost their gun rights. Perhaps there was a clerical error, or perhaps the person got pardoned and had their gun rights restored. We would collect proof – such as court dockets and pardon papers if applicable – to show that anyone you obtained the guns for could possess them.
3. The police performed an illegal search. Prosecutors may not rely on evidence – including guns – that the police obtained through an illegal search. If law enforcement may have executed an unlawful search, we can ask the judge to suppress any evidence found from the search. Then if the court agrees, the D.A. may be left with a case that is too weak to prosecute and prove guilt beyond a reasonable doubt.

3. Immigration Consequences

Firearm-related convictions are typically grounds for removal in the U.S.³ Therefore, non-citizens facing charges of unlawful purchase of firearms should consult an experienced attorney immediately. Getting the case dropped or reduced to a non-deportable offense may be possible.

4. Record Seals

If you are otherwise eligible, your conviction for unlawfully purchasing a firearm in violation of C.R.S. 18-12-111(1) may be sealed three years after the case ends. Though if your charge gets dismissed, there is no wait to petition for a seal.⁴

Learn how to get a Colorado criminal record seal so that past convictions no longer come up on background checks.

Frequently Asked Questions

What is a straw purchase of a firearm in Colorado?

A straw purchase occurs when someone buys a gun on behalf of another person who cannot legally purchase it themselves. Colorado law makes it a felony to knowingly purchase or obtain a firearm for a prohibited person.

Can I buy a gun for someone else as a gift?

Usually yes. Buying a firearm as a genuine gift for someone who is legally allowed to possess firearms is generally lawful. However, it becomes illegal if the recipient is prohibited from owning guns or if the purchaser falsely represents who the actual buyer is.

What happens if I lie on a firearm background check form?

Providing false information during a firearm purchase can result in both state and federal criminal charges. Depending on the circumstances, a conviction may lead to felony penalties, prison time, fines, and the loss of firearm rights.

Do private firearm sales require a background check in Colorado?

Yes. With limited exceptions, Colorado requires background checks for most private firearm transfers. The parties generally must complete the transfer through a federally licensed firearms dealer who conducts the background check.

Can a firearm purchase conviction affect my immigration status?

Potentially. Non-citizens convicted of firearm-related offenses may face immigration consequences, including deportation, denial of naturalization, or inadmissibility. Anyone facing such charges should consult both a criminal defense attorney and an immigration attorney.

Can I restore my gun rights after a felony conviction in Colorado?

Possibly. Restoration of firearm rights depends on the nature of the conviction and the relief obtained. In some cases, a pardon or other legal remedy may restore firearm rights, though federal restrictions can still apply.

Can I be charged if I did not know the other person was prohibited from possessing a firearm?

The prosecution generally must prove the required mental state under the statute. Whether a defendant knew or reasonably should have known about another person’s prohibited status can be an important issue in the defense of the case.

Is unlawfully purchasing a firearm a felony in Colorado?

Yes. Unlawfully purchasing a firearm for a prohibited person is generally prosecuted as a class 4 felony. A conviction can carry prison, mandatory parole, substantial fines, and the permanent loss of firearm rights.

Can a conviction for unlawful purchase of a firearm be sealed in Colorado?

Possibly. Colorado allows certain criminal records to be sealed after waiting periods and other statutory requirements are met. Eligibility depends on the specific offense, the disposition of the case, and the defendant’s criminal history.

Does Colorado have a waiting period to buy a gun?

Yes. Colorado generally requires a 72-hour waiting period before a firearm may be transferred to the purchaser, even after the purchaser passes the background check.

Can I buy a firearm for my spouse?

Usually yes, provided your spouse is legally eligible to possess firearms. However, purchasing a gun for a spouse who is prohibited from possessing firearms may violate Colorado and federal law.

Additional Reading

For more information, refer to these recent news articles:

• Colorado wants to hire lawyers to prosecute gun crimes in federal court, some of which are no longer illegal under state law – The Colorado Sun.
• Gun owners and conservative groups file lawsuit against Colorado’s new ghost-gun law – The Denver Post.
• Gun rights advocates have lost Colorado’s elections — but they may win the legal war – CPR News.
• Colorado’s grade on gun control improves to A minus, says Giffords center – Colorado Politics.

Legal References