Charles W. Hamilton Group Photo of Perople at Sawyer Legal Group, LLC
Charles W. Hamilton Group Photo of Perople at Sawyer Legal Group, LLC

Charged With A Crime? It Doesn’t Mean You’re Guilty.

Denver Firearms – Handgun Possession Under 21, C.R.S. 18-12-108.5

On Behalf of | Jun 4, 2012 | Firearms |

Adams County Handgun Rights

Juveniles in Colorado clearly cannot possess a handgun, except in limited circumstances.  C.R.S. 18-12-108.5, Possession of Handguns by Juveniles.  Yet, I am frequently asked the question of whether a person who is at least 18, but under 21, can possess a handgun in Denver, Arapahoe, Jefferson or Douglas County. The question is generally based from the federal law which prohibits Federal Firearms Licensed (FFL) dealers from selling handguns or handgun ammuntion to persons under 21.

Federal Firearms Licensed Dealers and Buyers Under 21

There is no federal law or Colorado law which I am aware of which prohibits a person from possessing a handgun if they are at least 18 years old in Adams, Weld and Larimer County.  There is no law I am aware of which prohibits a person between 18 years and 21 years old from buying a handgun or handgun ammunition from a private party.  You just cannot purchase one from an FFL dealer.

Handguns as a Gift in Douglas County

I think it very unwise and likely a violation of federal law for a person over 21 to buy a handgun for someone under 21 from an FFL dealer.  This “straw purchase” likely violates the federal law which prohibits persons under 21 from buying handguns from FFL dealers.  So, don’t do it.  Yes, I am aware that it is legal for a person over 21 to give a gift of a handgun to someone under 21 years old and over 18, but it is not worth the risk to buy a handgun for another person.  It is also not worth the risk to buy a gun with the intention of reselling it to someone over 18 and under 21.  You are almost certainly violating federal law under both of these scenarios.

Jefferson County Firearm Crimes Defense Lawyer

We represent men and women charged with firearm crimes, including the unlawful possession of a firearm under other Colorado laws.  Did you know, for example, that you cannot possess a firearm if you are under the influence of alcohol? Prohibited Use of Weapons, C.R.S. 18-12-106.  Did you know that if you have a felony conviction, you can’t possess a firearm in Colorado?  While we believe that constitutionally even felons may be able to possess a firearm in their homes for personal defense, even this is risky business.

If you have been contacted by police related to firearms possession, be smart, exercise your right to remain silent, and call us at 303-731-0719.  Together, we can protect your future.