Application to Restore Gun Rights in Colorado: Petition and Ruling

There are two ways to restore gun rights in Colorado, and which one you use depends on how you lost them. Adults with certain non-violent felony convictions can petition the sentencing court under C.R.S. § 18-12-108.1 once five years have passed since they finished their sentence. People whose prohibition came from a juvenile felony adjudication use a different process under C.R.S. § 18-12-108(3)(b). Neither one automatically clears a separate federal firearms prohibition, and that gap catches more petitioners than any other part of the process.

Figure Out Which Pathway Applies

Using the wrong statute wastes filing fees and time.

If you were convicted as an adult of a felony listed in C.R.S. § 18-12-108.1(2), you petition the sentencing court for a certificate of restoration. This route requires that at least five years have passed since you completed every part of your sentence, including any parole or probation.¹ No standard court form exists, so you or an attorney will draft the petition from scratch.

If your prohibition comes from a juvenile felony adjudication, it lasts ten years from the date you completed your sentence under C.R.S. § 18-12-108(3)(a).² You can ask the court to lift the prohibition before those ten years run by showing good cause. The Colorado Judicial Branch publishes a standard form for this: JDF 645, “Motion to Have a Firearm.”³

Which Adult Convictions Qualify

The adult pathway is narrow. C.R.S. § 18-12-108.1(2) lists the categories of felony that qualify, and they are all non-violent: property crimes (excluding arson, burglary, and robbery), fraud offenses, certain governmental operations offenses, gambling offenses, and drug offenses, among others.¹ You must have been convicted only of eligible offenses. One ineligible felony anywhere in your record closes this door.

C.R.S. § 18-12-108(7) permanently disqualifies a long list of serious offenses, including violent felonies, sex offenses, crimes against children, arson, burglary, robbery, murder, criminal extortion, child enticement, internet sexual exploitation of a child, pandering, escape offenses, and witness intimidation.² If your conviction is on that list, no court-based restoration exists in Colorado. A gubernatorial pardon is the only potential route.

Misdemeanor Domestic Violence Sits Outside This Process

Colorado prohibits firearm possession after a misdemeanor domestic violence conviction under C.R.S. § 18-12-108(6)(c).² The restoration pathway under § 18-12-108.1 covers only enumerated felonies, so if your prohibition rests solely on a misdemeanor domestic violence conviction, the certificate-of-restoration process does not appear to reach you under current statute. Federal law adds a separate barrier in this category, discussed below.

The Waiting Period and Clean-Record Rule

For the adult pathway, the five-year clock starts the day you finish every part of your sentence: incarceration, parole, probation, and any other court-ordered supervision. If you served two years in prison followed by three years of parole, the five years begin when parole ends.¹

Across those five years, you must have no new criminal convictions beyond minor traffic offenses, and no criminal charges can be pending when you file.¹ An open charge derails a petition even if it later ends in acquittal.

Preparing and Filing the Petition

For juvenile adjudications, download JDF 645 from the judicial branch website. It asks for your contact information, confirmation that you completed your sentence, and your explanation of good cause for possessing a firearm. You sign under penalty of perjury.⁴

For adult felony restoration, you draft the petition. Include your full legal name and contact information, the case number and court of conviction, the date of conviction, the date you completed your sentence with supervision, and the specific offenses. The petition must state “lawful and substantial reasons” for restoring your rights.¹ Employment that requires a firearm, personal protection, and hunting or recreational shooting are common examples. Because the statutory details matter and this is a civil proceeding where no attorney will be appointed for you, many petitioners hire counsel.

File with the sentencing court, meaning the district court that handled your original criminal case. The statute is specific about this, so moving to a different county after conviction does not change where you file.¹

Standard Colorado district court civil filing fees run $265, though the specific category applied to a firearm rights petition can vary by courthouse.⁵ Call the clerk before filing to confirm the amount and payment method. If you cannot afford the fee, JDF 205 requests a waiver.⁶

Serving the District Attorney

You must give notice to the district attorney’s office in the county of conviction. JDF 645 includes a Certificate of Service section confirming how you delivered the copy: hand delivery, regular mail, or email or fax.⁴ For adult felony petitions, include your own proof-of-service statement. Certified mail creates a stronger record than regular mail.

The DA’s office also notifies any victim from the original case who is enrolled in Colorado’s victim notification system, and those victims may submit information to the court in support of or against your petition.¹

What the Judge Weighs

On an adult felony petition, the court decides four questions, and you carry the burden by a preponderance of the evidence on each. A hearing is not automatic. The court may rule on the papers or set an in-person hearing.¹

Whether you have a lawful occupation or income, are in school or training, or are participating in a rehabilitative program.
Whether you have stayed conviction-free since finishing your sentence, minor traffic offenses aside, with no pending charges.
Whether you have stated a lawful and substantial reason for wanting your rights restored.
Whether granting the petition would create an unreasonable risk to the safety or welfare of the public or any individual.

The DA can support, oppose, or take no position. If the DA opposes, expect argument about the original offense, your criminal history, or other risk factors. Come with your own record: employment history, letters from supervisors or community members, completion certificates from treatment or education programs, and evidence of a stable living situation. Petitions that show a pattern of responsible conduct read better than petitions that only show the absence of new arrests.

For juvenile adjudication petitions, the standard is simpler: good cause for possessing a firearm, proved by a preponderance of the evidence.²

Federal Law Can Override the State Order

A Colorado order restoring your firearm rights does not automatically clear federal law. Federal law independently prohibits possession by anyone convicted of a crime punishable by more than one year in prison, which reaches virtually all felonies.⁷

There is a possible route through. Under 18 U.S.C. § 921(a)(20), a conviction for which civil rights have been restored is not treated as a conviction for federal firearms purposes, provided the restoration order does not expressly prohibit firearm possession.⁸ A Colorado certificate that restores firearm rights without restrictions may satisfy that exception, but the outcome turns on the exact language of the order and how federal authorities read it. Getting this wrong means a federal felony charge, which is why counsel is worth the cost at this stage.

Misdemeanor Domestic Violence Under Federal Law

Federal law separately prohibits possession by anyone convicted of a misdemeanor crime of domestic violence under 18 U.S.C. § 922(g)(9).⁷ The federal bar can be lifted through expungement, set aside, or civil rights restoration, again provided the restoration does not expressly prohibit firearms.⁸ Because Colorado’s state pathways do not clearly cover misdemeanor domestic violence, this prohibition is particularly hard to escape. The Department of Justice is developing a federal restoration program under 18 U.S.C. § 925(c), and as of early 2026 the application system is not yet operational.⁹

After the Ruling

If the judge grants your petition under § 18-12-108.1, the court issues a certificate of restoration. Keep the original safe and carry a certified copy. The Colorado Bureau of Investigation runs background checks through its InstaCheck system, and if you hit a delay or denial during a firearm purchase, the certificate is what you need to resolve it.

If the petition is denied, the statute sets no mandatory waiting period before refiling. Refiling the same paperwork right away is unlikely to change the outcome. Address what concerned the judge. If the denial pointed to thin evidence of rehabilitation, build a stronger record of employment, community involvement, and stability before you come back.

1
Colorado General Assembly. Colorado House Bill 14-1230 – Restoration of the Right to Carry a Firearm by Certain Felons
2
Justia Law. Colorado Revised Statutes Title 18 Section 18-12-108 – Possession of Weapons by Previous Offenders
3
Colorado Judicial Branch. Motion to Have a Firearm
4
Colorado Judicial Branch. JDF 645 – Motion to Have a Firearm
5
Colorado Judicial Branch. List of Fees
6
Colorado Judicial Branch. Fee Waivers
7
Office of the Law Revision Counsel. 18 USC 922 – Unlawful Acts
8
Office of the Law Revision Counsel. 18 USC 921 – Definitions
9
U.S. Department of Justice. Federal Firearm Rights Restoration