Felon Gun Rights in Colorado
No. If you have a felony conviction in Colorado, you cannot legally possess a firearm unless you receive a pardon from the Governor. Colorado has no court petition, no waiting period, and no administrative process to restore gun rights. A gubernatorial pardon is the only option, and pardons are rarely granted.
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Overview
Colorado prohibits all persons convicted of a felony from possessing any firearm under CRS 18-12-108 (Possession of a Weapon by a Previous Offender, or POWPO). There is no court petition process, no administrative restoration mechanism, and no waiting period that automatically restores gun rights. The only path to restoring firearm rights in Colorado is a gubernatorial pardon — and pardons are rarely granted. Record sealing and deferred judgments that are successfully completed may avoid the prohibition entirely, but once a felony conviction is entered, a pardon is the sole remedy.
Quick Answer
No. If you have a felony conviction in Colorado, you cannot legally possess a firearm unless you receive a pardon from the Governor. Colorado has no court petition, no waiting period, and no administrative process to restore gun rights. A gubernatorial pardon is the only option, and pardons are rarely granted.
Federal Law — 18 USC 922(g)
Under 18 USC 922(g)(1), it is unlawful for any person convicted of a crime punishable by imprisonment for more than one year to possess any firearm or ammunition. This federal prohibition applies in Colorado regardless of state law. However, a Colorado gubernatorial pardon that restores civil rights (including the right to vote, hold office, and serve on a jury) is generally recognized as lifting the federal firearms disability under 18 USC 921(a)(20) — provided the pardon does not expressly exclude firearms. Because Colorado does not have an alternative state restoration mechanism (like a court petition), a pardon is also the only way to address the federal ban for Colorado convictions. The revived 18 USC 925(c) federal petition process, reopened by the DOJ in 2025-2026, may provide an additional federal pathway for individuals to seek relief from federal firearms disabilities.
Can restore gun rights
- ✓Persons who receive a full gubernatorial pardon from the Colorado Governor
- ✓Persons whose felony conviction is overturned on appeal or post-conviction review
- ✓Persons who successfully completed a deferred judgment — the case was dismissed and no felony conviction was entered (avoids the prohibition entirely)
- ✓Persons whose conviction is vacated under the Colorado Marijuana Conviction Vacatur Statute (HB 20-1424) for qualifying marijuana offenses
- ✓Persons eligible for the revived federal 18 USC 925(c) petition process for relief from federal firearms disabilities (when fully implemented)
Cannot restore gun rights
- ✗Persons with a felony conviction who have not received a gubernatorial pardon — regardless of time elapsed or rehabilitation
- ✗Persons who have had their record sealed under Colorado law — record sealing does NOT restore gun rights
- ✗Persons convicted of misdemeanor domestic violence offenses — prohibited under both state (CRS 18-12-108) and federal law (18 USC 922(g)(9))
- ✗Persons subject to an active domestic violence protection order
- ✗Persons convicted of a felony in another state who now reside in Colorado — must seek restoration in the state of conviction or obtain a federal remedy
Step-by-Step Process
Complete your entire sentence
You must have fully completed your sentence, including incarceration, parole, probation, and community corrections. Colorado requires at least 10 years to have passed since completion of your sentence before you can apply for a pardon.
Obtain and complete the clemency application
Download the clemency application from the Colorado Department of Corrections (CDOC) website at cdoc.colorado.gov/resources-faq/clemency. The application requires detailed personal information, criminal history, employment history, community involvement, and statements explaining why you are seeking a pardon.
Gather supporting documentation
Collect character reference letters, proof of rehabilitation, employment records, community service documentation, and any other evidence of your reintegration into society. The Executive Clemency Advisory Board considers the totality of your post-conviction life.
Submit the application to the Office of Executive Clemency
Mail or submit your completed application and supporting documents to the Colorado Department of Corrections, Office of Executive Clemency. As of 2026, applications for consideration by Governor Polis must be submitted by the posted deadline (April 3, 2026 for the current cycle). Check cdoc.colorado.gov for current deadlines.
Background investigation by CBI
The Colorado Bureau of Investigation (CBI) conducts a background investigation to verify the information in your application, including your criminal history and current status. This process can take several months.
Executive Clemency Advisory Board review
The seven-member Executive Clemency Advisory Board reviews your application. The Board meets at least once every six months. A majority of the Board (four members) must approve your pardon recommendation for it to be forwarded to the Governor.
Governor's decision
If the Board recommends your pardon, the recommendation is forwarded to the Governor. The Governor has sole authority to grant or deny the pardon. If granted, the Governor notifies the legislature. The entire process from application to decision typically takes 12 to 36 months.
Confirm restoration of firearm rights
If the pardon is granted, verify that it explicitly restores your right to possess firearms. A pardon that restores civil rights but expressly excludes firearms would not lift the gun prohibition. Contact the Office of Executive Clemency or consult an attorney to confirm the scope of your pardon.
Waiting Period
Colorado requires at least 10 years to have passed since completion of your entire sentence (including probation and parole) before you can apply for a gubernatorial pardon. There is no fixed waiting period for the pardon decision — the process typically takes 12 to 36 months after application. Pardons are extremely rare: recent governors have granted between 13 and 66 pardons over 8-year terms.
Key Laws
| Law | Year | Description |
|---|---|---|
| CRS 18-12-108 — Possession of Weapons by Previous Offenders (POWPO) | 1972 (amended multiple times) | Makes it illegal for any person convicted of a felony (or attempt/conspiracy to commit a felony) under Colorado, any other state, or federal law to knowingly possess, use, or carry a firearm. Also prohibits firearm possession by persons convicted of misdemeanor domestic violence. Violations are classified as Class 6 felony (general), Class 5 felony (dangerous weapon), or Class 4 felony (second or subsequent offense). |
| Colorado Constitution, Article IV, Section 7 — Executive Clemency | 1876 | Grants the Governor the power to grant reprieves, commutations, and pardons after conviction. This is the constitutional basis for the only mechanism to restore gun rights after a felony conviction in Colorado. |
| CRS 16-17-101 — Restoration of Civil Rights | 1972 | Provides for automatic restoration of civil rights (voting, holding office, serving on juries) upon completion of sentence. However, this statute does NOT restore firearm rights — firearm rights require a separate gubernatorial pardon under CRS 18-12-108. |
| CRS 24-1-105 — Executive Clemency Advisory Board | 2018 (established by Governor Polis) | Establishes the seven-member Executive Clemency Advisory Board within the Office of the Governor. The Board reviews pardon applications and makes recommendations to the Governor. Members include the Executive Director of the Department of Corrections, the Executive Director of the Department of Public Safety, and one crime victim representative. |
| HB 20-1424 — Marijuana Conviction Vacatur | 2020 | Allows persons convicted of certain marijuana offenses to petition to have their convictions vacated, which removes the felony conviction and thus the firearm prohibition. Applies only to offenses that are no longer criminalized under current Colorado law. |
Edge Cases
Does record sealing restore gun rights in Colorado?
No. Colorado's record sealing statutes (CRS 24-72-706 et seq.) seal conviction records from public view but do NOT restore the right to possess firearms. A sealed felony conviction still triggers the prohibition under CRS 18-12-108. Only a gubernatorial pardon restores gun rights.
What if I successfully completed a deferred judgment — can I possess firearms?
If you successfully completed a deferred judgment and the case was dismissed, no felony conviction was entered on your record, and CRS 18-12-108 does not apply. However, if you violated the terms and the deferred judgment was revoked, a conviction is entered and you are prohibited from possessing firearms. Verify your case disposition with the court.
Can I possess a firearm in Colorado if my felony conviction was in another state?
No. CRS 18-12-108 applies to felony convictions under Colorado law, any other state's law, or federal law. If you were convicted of a felony in another state, you cannot possess a firearm in Colorado unless you obtain a pardon or restoration of rights from the state of conviction (which may also lift the federal ban) or a Colorado gubernatorial pardon.
I was convicted of a misdemeanor domestic violence offense — am I prohibited?
Yes. CRS 18-12-108(2)(b) specifically prohibits firearm possession by persons convicted of misdemeanor domestic violence offenses. This mirrors the federal prohibition under 18 USC 922(g)(9) (the Lautenberg Amendment). A pardon or expungement of the domestic violence conviction is required to restore gun rights.
Does Colorado's 'red flag' law (ERPO) affect felons differently?
Colorado's Extreme Risk Protection Order (ERPO) law (CRS 13-14.5-101 et seq.) allows courts to temporarily remove firearms from individuals deemed a risk to themselves or others. For felons, the ERPO is largely redundant because they are already prohibited from possessing firearms under CRS 18-12-108. However, an ERPO could apply to household members or situations involving constructive possession.
Can I possess antique firearms or black powder weapons in Colorado with a felony conviction?
CRS 18-12-108 broadly prohibits possession of any 'firearm' by a convicted felon. Colorado law defines 'firearm' to include any weapon that will, is designed to, or may readily be converted to expel a projectile by the action of an explosive. Antique firearms and certain muzzleloaders may fall outside this definition, but federal law under 18 USC 922(g)(1) also applies. Consult an attorney before possessing any weapon.
Frequently Asked Questions
- Can a felon get gun rights back in Colorado?
- Only through a gubernatorial pardon. Colorado has no court petition process, no administrative restoration mechanism, and no waiting period after which gun rights are automatically restored. Record sealing does not restore gun rights. The pardon process requires at least 10 years since completion of sentence and goes through the Executive Clemency Advisory Board before reaching the Governor.
- How do I apply for a pardon in Colorado to restore gun rights?
- Download the clemency application from the Colorado Department of Corrections website (cdoc.colorado.gov/resources-faq/clemency). Complete the application with personal information, criminal history, and evidence of rehabilitation. Submit it to the Office of Executive Clemency by the posted deadline. The application is reviewed by the CBI (background check) and the Executive Clemency Advisory Board before being forwarded to the Governor.
- How long does the Colorado pardon process take?
- The entire process typically takes 12 to 36 months from submission to decision. You must wait at least 10 years after completing your sentence before applying. The CBI background investigation can take several months, and the Executive Clemency Advisory Board meets at least once every six months to review applications.
- How often are pardons granted in Colorado?
- Pardons are rare. Governor John Hickenlooper pardoned approximately 66 people during his 8-year term. Governor Bill Ritter pardoned 42 in his 4 years. Governor Bill Owens pardoned only 13 in his 8 years. Governor Jared Polis has continued to grant pardons but in limited numbers. The odds of receiving a pardon are low, and not all pardons restore gun rights.
- Does a Colorado pardon lift the federal firearms ban?
- Generally yes. Under 18 USC 921(a)(20), a state pardon that restores civil rights is recognized as lifting the federal firearms disability — provided the pardon does not expressly exclude firearms. A Colorado pardon that fully restores civil and political rights, including the right to possess firearms, should lift the federal ban. However, consult an attorney to confirm the specific language of your pardon.
- Can I possess a firearm in my home in Colorado with a felony conviction?
- No. Unlike some states (such as Texas), Colorado does not allow felons to possess firearms even in their own home. CRS 18-12-108 prohibits possession in all locations. Violation is a felony offense that can result in additional incarceration.
- What is the penalty for a felon possessing a firearm in Colorado?
- Under CRS 18-12-108, it is a Class 6 felony (12-18 months in prison) for general possession, a Class 5 felony (1-3 years) if the weapon is a 'dangerous weapon,' and a Class 4 felony (2-6 years) for a second or subsequent offense. These penalties are in addition to any other charges.
- Does Colorado's marijuana conviction vacatur restore gun rights?
- Yes. If your felony conviction is vacated under HB 20-1424 (the Marijuana Conviction Vacatur statute), the conviction is removed, and the firearm prohibition under CRS 18-12-108 no longer applies. However, this only applies to marijuana offenses that are no longer criminalized under current Colorado law. You must petition the court for vacatur — it is not automatic.
- Can I own a gun in Colorado if my record is sealed?
- No. Record sealing in Colorado hides the conviction from public background checks but does NOT restore the right to possess firearms. CRS 18-12-108 still applies to sealed convictions. A gubernatorial pardon is still required to restore gun rights even after record sealing.
- What about the new federal 18 USC 925(c) process — can that help Colorado felons?
- The DOJ revived the 18 USC 925(c) petition process in 2025-2026, which allows individuals to petition the ATF for relief from federal firearms disabilities. This is a federal remedy that does not depend on Colorado state law. If approved, it would lift the federal ban under 18 USC 922(g)(1). However, it would not override the state prohibition under CRS 18-12-108 — you would still need a Colorado pardon for state-law purposes. The federal process is still being implemented and details may evolve.
Take Action — Direct Links
- Colorado Department of Corrections — Executive Clemency
Official clemency application and information page. Download the pardon application and learn about eligibility requirements, deadlines, and the process.
- Colorado Executive Clemency Advisory Board — Governor's Office
Information about the Executive Clemency Advisory Board, including its role in reviewing pardon applications and making recommendations to the Governor.
- Collateral Consequences Resource Center — Colorado Profile
Comprehensive guide to Colorado restoration of rights, pardon, expungement, and sealing — including gun rights restoration.
- Colorado Legal Services — Statewide Legal Aid
Free legal assistance for low-income Coloradans, including help with record sealing, pardons, and understanding rights restoration options.
- Colorado State Public Defender — Post-Conviction Resources
Resources for individuals with criminal convictions in Colorado, including information on post-conviction relief options.
- ATF — Federal Firearms Disabilities and 18 USC 925(c) Relief
Federal information on firearms disabilities under 18 USC 922(g) and the revived 925(c) petition process for relief from federal firearms prohibitions.
Video Guides
Sources
- Colorado Revised Statutes CRS 18-12-108
- Colorado Department of Corrections — Executive Clemency
- Collateral Consequences Resource Center — Colorado Profile
- Shouse Law Group — Colorado Pardons and Clemency
- Shouse Law Group — Restoring Gun Rights in Colorado
- Governor Polis — Executive Clemency Advisory Board Announcement
- ATF State Laws and Published Ordinances — Colorado
- 18 USC 922(g)(1) — Federal Firearms Prohibition