As reported here, in the summer of 2021, Colorado passed a new criminal law that removed some felons from Colorado’s lifetime ban on felons owning and/or possessing firearms. In Colorado, other than obtaining a pardon from the Governor, there is no mechanism or legal procedure for restoring firearm rights that have been lost because of a felony conviction. This is true even if the felony conviction was 20 or 30 years ago and the person has led an exemplary life in the meantime.

The new law is positive news for firearm restoration advocates. It should be noted, though, that the law also increases certain restrictions on firearm rights.

As reported, pursuant to the new law, the lifetime ban on firearm rights will now apply only to those convicted of crimes that are listed under the Colorado Victims Rights Act. In general, those crimes involve use of deadly weapons, violence, threats and crimes that caused – or could cause – bodily harm. As such, felony convictions for murder, armed robbery and the like will still result in a lifetime ban on firearm rights in Colorado. However, a felony conviction of certain victim-less non-violent crimes like criminal impersonation, theft and drug offenses will no longer result in a lifetime ban under Colorado law. Note, however, that such crimes will still be considered “felonies” for purposes of restrictions on firearm rights under federal law.

Advocates for the change cited many reasons for the new law including alleged racial bias in state-level law enforcement and prosecution. For example, Tristan Gorman, the legislative policy coordinator for the Colorado Criminal Defense Bar, argued that the previous version of the felon-in-possession law was too broad. As Gorman is quoted: “I’ve seen the most charges in [felon-in-possession] cases where my client is pulled over for driving while Black or driving while Latino and there is a firearm found.” For advocates like Gorman, removing certain felons from the lifetime ban will result in fewer felon-in-possession weapons charges under Colorado law.

As noted, the new law also increased restrictions on firearm rights. As reported, the new law prohibits persons convicted of certain misdemeanors from buying a firearm. These misdemeanors include:

Third-degree assaultSexual assaultUnlawful sexual contactChild abuseViolation of a protection orderA crime against an at-risk personHarassmentA bias-motivated crimeAnd more

Note that the new law only applies to buying a firearm. Persons convicted of these misdemeanors are still allowed to possess firearms owned prior to conviction. The new law also increased the penalties for felon-in-possession convictions.