Colorado’s New Theft of a Firearm Law
Fort Collins Criminal Defense Attorney Explains

If you've been charge with Theft of a Firearm, be smart, exercise your right to remain silent, and contact the O’Malley Law Office at 970-658-0007.

Colorado has made a significant change to its theft laws, and it’s one that catches a lot of people off guard. Under a new statute, stealing a firearm is now its own criminal offense, and it is treated much more seriously than ordinary theft.

If you live in Larimer County, including Fort Collins, Loveland, Estes Park, Wellington, Timnath, Berthoud, Laporte, or Red Feather Lakes, this new law has real consequences if you are accused of taking a gun, even under circumstances that might not feel “criminal” at first glance.

What Changed Under Colorado Law? Theft of a Firearm Attorney in Larimer County

Historically, Theft cases in Colorado were charged based primarily on the value of the property taken. A firearm was treated like any other item and its dollar value determined whether the charge was a misdemeanor or a felony. That is no longer the case.

Colorado has now created a stand-alone offense for the Theft of a Firearm. Under the new law:

  • Any Theft of a Firearm is automatically a felony
  • The value of the gun no longer matters
  • The charge applies even if the firearm is old, damaged, or worth very little

This is a major shift in how Theft cases are handled in Larimer County courts.

What Is “Theft of a Firearm” in Loveland and Estes Park?

A person can be charged with Theft of a Firearm if prosecutors believe they knowingly:

  • Took a firearm without permission, or
  • Exercised control over a firearm they knew (or should have known) was stolen

This can include situations involving:

  • Taking a gun from a vehicle
  • Taking a firearm from a home or garage
  • Keeping a gun that belongs to someone else
  • Failing to return a firearm after borrowing it

Many Firearm Theft cases arise between people who already know each other, which is why these charges often surprise defendants.

What Level of Crime Is the New Firearm Theft Charge in Fort Collins?

Theft of a Firearm is charged as a class 6 felony offense under Colorado law.

A felony conviction can involve:

  • Possible prison time
  • Mandatory parole
  • Significant fines
  • A permanent felony record

Even if jail or prison time is avoided, a felony conviction carries long-term consequences that extend far beyond the courtroom.

Why Colorado Passed the Theft of a Firearm Law

Lawmakers justified the new statute by focusing on public safety, arguing that stolen firearms often end up being used in later crimes. As a result, prosecutors in Larimer County are now encouraged to treat firearm theft cases more aggressively than traditional theft charges.

What this means in practice is:

  • Fewer opportunities for early dismissal
  • Less flexibility in plea negotiations
  • Higher stakes from the very beginning of the case

Common Situations That Lead to Firearm Theft Charges in Colorado

In real life, these cases are not always as clear-cut as they sound. Charges often come from situations like:

  • A dispute between former partners or roommates
  • A misunderstanding about permission or ownership
  • A firearm left in a shared vehicle
  • Family members arguing over inherited guns
  • A person holding onto a firearm longer than expected

Unfortunately, the new law gives prosecutors broad discretion to file felony charges even when the facts are complicated or emotionally charged.


If you or someone you love has been charge with Theft of a Firearm, be smart, exercise your right to remain silent, and contact the best criminal defense attorneys from the O’Malley Law Office at 970-658-0007 to schedule a free initial consultation. Together, we can protect your future.

Photo by DUONG QUÁCH

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