Is there a waiting period to buy a gun in Colorado?
Last verified against primary sources: · Updated
Yes. Since October 1, 2023, a Colorado firearm dealer may not hand over a gun until the later of two things happens: three days after the required background check is started, or the moment the background check comes back approved (C.R.S. § 18-12-115, created by HB23-1219). Whichever is later controls, so if a check takes longer than three days, the wait runs until approval.
What the statute says
The waiting period is defined by the delivery it delays — a dealer cannot complete delivery until the waiting period ends:
the later in time of 3 days after the initiation of a required background check of the purchaser or when the purchase is approved following any background check.
Two consequences follow from the "later in time" wording:
- The wait is a minimum of three days even when the background check clears instantly.
- If the background check is delayed past three days, the wait continues until the transfer is approved — the three-day clock does not let a dealer deliver on an unresolved or pending check.
Who is exempt
The waiting-period statute does not apply to:
- Antique firearms and curios or relics, as those terms are defined under federal law;
- A deploying service member selling to family — a sale by a service member being deployed overseas within 30 days to a spouse, child, parent, grandparent, sibling, or a person with a "significant personal bond" resembling family;
- Any transfer for which a background check is not legally required in the first place.
Penalty for delivering early
Delivering a firearm before the waiting period ends is a civil infraction: a $500 fine for a first offense, and $500 to $5,000 for a second or subsequent offense.
Litigation status, as of our July 20, 2026 check. Colorado's waiting period is being challenged in federal court in Garcia v. Polis (formerly captioned RMGO v. Polis), D. Colo., brought by a gun instructor and Rocky Mountain Gun Owners. On November 13, 2023, U.S. District Judge John Kane denied a preliminary injunction, finding the law "consistent with the nation's historical tradition of firearm regulation," and the waiting period has been enforced continuously since it took effect — it has never been enjoined. The case has since been briefed on summary judgment and appears still pending. Separately, in August 2025 the Tenth Circuit (which covers Colorado) held that New Mexico's 7-day waiting period likely violates the Second Amendment; gun-rights groups argue that ruling should reach Colorado's law, but no court order has applied it to Colorado. Treat the New Mexico decision's effect here as unresolved and news-grade — as of our last check, Colorado's 3-day waiting period is in force. This is fast-moving; we re-verify and note the date.
Common questions
How long is the gun waiting period in Colorado?
At least three days, and longer if the background check is not approved within three days. The wait ends at the later of three days after the check is initiated or when the check is approved (C.R.S. § 18-12-115).
Does the Colorado waiting period apply to private sales?
The waiting period applies to any transfer for which a background check is legally required, which includes private sales run through a licensed dealer. Transfers that are exempt from the background-check requirement are also exempt from the waiting period.
Is there an exception to the Colorado waiting period?
Yes — antique firearms and curios/relics, a deploying service member's sale to family within 30 days of overseas deployment, and any transfer that does not legally require a background check are exempt.
Has Colorado’s waiting period been struck down?
No, as of our July 20, 2026 check. A federal judge denied a preliminary injunction in November 2023 and the law has been enforced ever since. A challenge (Garcia v. Polis) remains pending, so this could change — see the litigation note above.
When did Colorado’s waiting period take effect?
October 1, 2023. It was created by HB23-1219, signed April 28, 2023, which contained no safety clause and so took effect on the standard statutory date.