Home » Criminal Defense » Theft » Theft of a Firearm

Theft of a Firearm

Colorado has significantly toughened its firearm theft laws. With the passage of HB 25-1062 in 2025, any theft of a firearm, regardless of its monetary value, is prosecuted as a felony offense. Lawmakers cited the link between stolen guns and violent crime as the main justification for this change. A firearm theft conviction now carries severe criminal penalties, including prison time, steep fines, and the permanent loss of firearm rights.

Firearm Theft Defense Attorney in Colorado

If you have been charged with firearm theft in Colorado, you need legal representation immediately. A felony weapons conviction can follow you for life, impacting employment, housing, and your right to bear arms.

The Law Office of Matthew A. Martin, P.C. has decades of experience defending clients accused of firearm and weapons-related crimes across Colorado. Attorney Martin knows the tactics prosecutors use in firearm theft cases and can build a defense strategy tailored to your circumstances.

Call (303) 725-0017 today to schedule a confidential consultation. The firm represents clients in Denver, Arapahoe County, Adams County, Jefferson County, Douglas County, Boulder County, and Broomfield County.

Information Center

Definition of Theft of a Firearm
Examples of Conduct That Could Lead to Charges
Key Elements the Jury Considers in Firearm Theft Cases
Penalties and Aggravating Circumstances
Defense Strategies for Theft of a Firearm
Frequently Asked Questions
Additional Resources

Definition of Theft of a Firearm

Under C.R.S. § 18-4-401, theft of a firearm occurs when a person knowingly takes or exercises control over a firearm belonging to someone else, without the owner’s authorization, and with the intent to permanently deprive the owner of it.

The law does not distinguish based on the value of the firearm. A $150 used handgun is treated the same as a $2,000 custom rifle.
Firearms are considered inherently dangerous, which is why the legislature elevated theft of a firearm to felony status regardless of price.
Possessing a stolen firearm can also be prosecuted separately, even if the accused was not the person who originally stole it.

Examples of Conduct That Could Lead to Charges

Taking a rifle or shotgun from a friend’s gun safe without consent.
Stealing a handgun from a car, nightstand, or unlocked compartment.
Shoplifting a firearm from a licensed gun dealer or pawn shop.
Failing to return a borrowed firearm after promising to do so.
Taking multiple firearms during a burglary of a home or store.

Key Elements the Jury Considers in Firearm Theft Cases

To convict someone of theft of a firearm, the prosecution must prove beyond a reasonable doubt that:

The defendant knowingly took or exercised control over the firearm.
The firearm was the property of another person.
The defendant did not have authorization or consent to take or use the firearm.
The defendant intended to permanently deprive the owner of the firearm.

Penalties and Aggravating Circumstances

Class 6 Felony – Theft of a single firearm is a Class 6 felony, punishable by 12–18 months in prison, fines up to $100,000, and one year of mandatory parole.

Class 5 Felony – Theft of multiple firearms can result in a Class 5 felony, with penalties of 1–3 years in prison and fines up to $100,000.

Aggravating Factors

Theft of firearms during a burglary can elevate burglary charges to first-degree burglary.
Repeat offenders may face enhanced sentences.
Organized firearm theft rings or trafficking operations can trigger federal charges alongside state charges.

Defense Strategies for Theft of a Firearm

Being charged with firearm theft does not automatically mean conviction. Several defenses may apply depending on the facts of the case:

Lack of Intent – The defense can argue that the accused did not intend to permanently deprive the owner of the weapon. For instance, borrowing a gun without returning it promptly is not the same as theft.
Consent or Authorization – If the firearm was taken with the belief that permission was granted, this may undermine the prosecution’s case.
Mistaken Identity – In cases where firearms are stolen during burglaries, mistaken eyewitness accounts or faulty surveillance can lead to false accusations.
Illegal Search and Seizure – If law enforcement obtained the firearm without a valid warrant or legal justification, the evidence may be suppressed.
Insufficient Evidence – The prosecution must prove each element beyond a reasonable doubt. If evidence is circumstantial or incomplete, the charges may not hold.

Frequently Asked Questions

Is firearm theft always a felony in Colorado?
Yes. As of 2025, any theft of a firearm is prosecuted as a felony, regardless of the weapon’s value.

What if the firearm was borrowed, not stolen?
The prosecution must prove intent to permanently deprive the owner. A misunderstanding or failure to return a borrowed gun may not meet this standard.

Can firearm theft charges be reduced?
In some cases, defense attorneys may negotiate reduced charges, but firearm-related offenses are less likely to be downgraded due to public safety concerns.

What happens if multiple guns are stolen at once?
The offense may be charged as a higher-level felony, increasing potential prison time and fines.

Additional Resources

Colorado Revised Statutes – Theft (C.R.S. § 18-4-401) – Full text of Colorado’s theft statute, including firearm-specific provisions added in 2025.

HB 25-1062 – Colorado General Assembly – Official bill text and legislative history for the law elevating theft of firearms to a felony.

Firearm Theft Defense Lawyer in Colorado

If you’ve been accused of firearm theft in Colorado, you need experienced legal counsel immediately. A felony conviction can result in prison time, steep fines, and permanent loss of gun rights.

The Law Office of Matthew A. Martin, P.C. has decades of experience defending clients charged with weapons and firearm-related crimes. Attorney Martin understands how prosecutors handle these cases and knows how to challenge the evidence to protect your rights.