Colorado Passed One of the Country’s Most Expansive Gun Laws: Here’s What to Know

Colorado Gov. Jared Polis has signed one of the most restrictive pieces of gun control legislation in the country. Beginning August 1, 2026, Senate Bill 3 (SB-3) will limit state gun sales by outlawing the manufacture, distribution, transfer, sale, or purchase of some semiautomatic guns. The law will also prohibit the purchase and sale of after-market accessories that expand the rate of fire capabilities on semiautomatics. 

However, there are exceptions for individuals who can fulfill the screening and training requirements outlined in the law. 

Generally speaking, this isn’t a messy law. Its intention and desired outcomes are clearly written. However, as a criminal defense attorney, I came across discrepancies that, if left unaddressed, could have serious consequences for some well-meaning Coloradans. 

This article examines the restrictions, exemptions, and challenges Coloradans face once the law takes effect. 

SB-3’s passage comes after two unsuccessful attempts at passing similar bills and years of gun restriction advocacy. Prior to 2025, Colorado hadn’t passed gun control legislation of this magnitude in over a decade, notably when Colorado made it illegal to sell and transfer magazines capable of holding more than 15 rounds of ammunition. 

Since 2013, proponents of the bill that limited high-capacity magazines said it was a step in the right direction. However, gun control supporters have pressed lawmakers to address the loophole allowing gun owners to purchase high-capacity magazines from nearby states.

SB-3 is an attempt to close the loophole some gun owners have exploited. 

States across the country have banned what are colloquially known as assault weapons, which have been used to carry out some of the deadliest mass shootings in U.S. history. Colorado’s efforts to employ a similar approach failed. SB-3 bans specific parts of the firearm instead of the whole gun.  It wasn’t until lawmakers introduced this concept that they achieved a legislative victory to this degree. 

SB-3 generally limits the sale of these types of firearms:

• Semiautomatic rifles and shotguns that accept detachable magazines, and

• Semiautomatic handguns that accept detachable magazines and use recycled gas to eject spent cartridges and “prepare the firing mechanism to fire again.”  

SB-3 also bans the sale of “rapid-fire trigger devices” that can be added to a semiautomatic firearm to maximize its firing rate. Examples include binary triggers and bump stocks, the latter of which were subject to a federal ban after the 2017 mass shooting in Las Vegas that the U.S. Supreme Court later overturned. 

The new law doesn’t apply to recoil-operated handguns, revolvers, or shotguns. It also won’t apply to gun owners who have purchased any of the banned semiautomatics before August 2026. 

Certain individuals are exempt from SB-3: 

• Law enforcement

• Military officials

• Prison guards

• Firearms instructors

The bill also exempts Colorado gun companies that manufacture banned weapons for these purchasers.

The SB-3 exception likely played a large part in the bill’s passage. It offers a pathway for individuals who want to purchase one of the prohibited semiautomatic firearms. 

To qualify for this exception, prospective buyers must complete the following vetting process:

• Pass a background check 

• Get an eligibility card

• Take a safety course

• Pass a safety course test

• Obtain a permit

• Pay a fee (to be determined)

My concerns with the law relate to the process of obtaining an eligibility card and the lack of safe harbor provisions for gun purchasers. Safe harbor provisions aim to protect entities and individuals from legal repercussions as long as they comply with the law in good faith, ensuring they can provide services without fear of undue liability.

Once this law takes effect, you will need to obtain a valid firearms safety course eligibility card from your county sheriff’s office by applying through the Colorado Division of Parks and Wildlife.

You will need to apply by supplying and adhering to: 

• Government-issued photo ID

• Name-based background check

The sheriff’s office, which reviews applications, can deny them if it can’t positively identify the applicant or suspects the person is a threat to themselves or others. C.R.S. 18-12-116(5)(b)(VI)(C) 

Once you pass the criminal background check, you’ll be eligible to take a gun safety course. 

How the Law Could Unnecessarily Burden Taxpayers

Individuals denied a safety course card have the right to have a judge review the case. The law contains a provision for attorneys’ fees, which means the court can award the prevailing party their attorney’s fees.  The law could create a scenario in which a local sheriff decides not to grant firearm safety course cards under politically motivated or otherwise controversial auspices that taxpayers would pay for each time the court overturns a safety card decision. 

Another issue with the law is its lack of standardization for firearms safety training courses.

The statute calls for 12 hours of training on topics like: 

• Handling of semiautomatic firearms and magazines

• Firearm storage and child safety

• Mental illness and firearm deaths

• Extreme risk protection orders

• Victim awareness and empathy 

Training will differ depending on the provider since the statute does not require a uniform curriculum. Participants must complete the training over two days and score 90 percent or better on the course exam. 

Ambiguities Could Lead to Problems for Prospective Gun Buyers

While these provisions are well-intentioned, the statute doesn’t contain any standards for licensing training course instructors, which could become a problem later. 

The statute also allows individuals with prior firearm safety experience to count their training toward the 12-hour minimum.

According to the statute, the training could be:

• A hunter education course at any time in the past, in addition to a four-hour basic firearms safety course within the five years before purchasing the gun; or

• An extended firearms safety course at any point, plus a basic firearms safety course within five years before making the purchase

I can see a situation where an individual takes a course with someone they believe to be a licensed firearm instructor, only to find out that their instructor wasn’t appropriately licensed by the state or federal government.

Without a safe harbor provision, Coloradans could unknowingly violate the law they were trying to follow. 

The new law makes the unlawful manufacture, distribution, transfer, selling, or purchasing of a restricted semiautomatic firearm a class 2 misdemeanor. 

In Colorado, a class 2 misdemeanor is punishable by either or both of the following:

• Three months to 364 days in prison;

• A $250 to $1,000 fine

Subsequent violations become a class 6 felony under state law, punishable by either or both: 

• A 12- to 18-month prison sentence, followed by one year of mandatory parole;

• A fine ranging from $1,000 to $30,000 C.R.S. 24-18-206; C.R.S. 18-1.3-401

Additionally, because a “rapid-fire device” under Colorado law is considered a “dangerous weapon”, possession outside of circumvention of restrictions can become a class 5 felony if you tried to bypass the law knowingly. C.R.S. 18-12-102

A class 5 felony in Colorado is punishable by either or both: 

• A three to six-year prison sentence; 

• A $100,000 fine; 

• A two-year mandatory parole period C.R.S. 18-1.3-401

The state can revoke individuals’ permits in cases where they violate any part of the law. Individuals who knowingly make a false or misleading statement on a training card application or deliberately omit requested materials from the application commit second-degree perjury. C.R.S. 18-8-503

Your permit can be revoked if you are convicted of: 

• Selling or giving a firearm to an unauthorized person

• Selling or giving a firearm component or accessory to another person C.R.S. 18-12-401.5

It’s worth noting that gun rights organizations strongly oppose this law. Gun rights groups lobbied the governor to veto it and have since vowed to pursue litigation that invokes the Second Amendment. 

One gun rights organization in Colorado pursued legal action to block the state’s 2013 magazine sale and transfer law, arguing that it violated the state’s constitution. However, the Supreme Court of Colorado upheld the law, calling it a “reasonable exercise of the police power that has neither the purpose nor effect of nullifying the right to bear arms in self-defense.” 

The law doesn’t apply to anyone who purchased a prohibited semiautomatic firearm before the law takes effect. If you own one of the firearms subject to the ban before August 1, 2026, know where important documents are located, including your firearm purchase records and/or concealed handgun permits. 

Once the law goes into effect, prospective gun owners applying for a safety course eligibility card need to remember their legal rights in cases where a local sheriff’s office unjustly rejects an applicant. 

If you have taken any firearm safety courses in the past, you should find out whether the certifications are valid. The Colorado Division of Parks & Wildlife should be equipped to answer these questions. 

 I advise individuals who believe they could be affected by this law to sit tight as we expect to see legal challenges to SB-3 before August 2026. 

If SB-3 raises concerns about your rights, we encourage you to get in touch with Robinson & Henry’s Criminal Defense Team. We can apply the new law to your situation and help you address any challenges should they occur. Call 720-776-0975 to begin your case assessment.