Grand Junction, CO asked in Consumer Law and Small Claims for Colorado

Q: I was wondering what the laws of abandonment for guns in Colorado were.

My ex left his gun with my brother. Me and my ex broke up 8 years ago. My ex is now asking about his gun, but my brother got rid of it. The gun was registered in my exes name.

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1 Lawyer Answer
Tristan Kenyon Schultz
Tristan Kenyon Schultz
  • Fort Collins, CO
  • Licensed in Colorado

A: The normal rule in Colorado is that 5 years is maximum allowable term in which property can be reclaimed. However, there are numerous exceptions. Since guns are registered, the 5 year limitation likely does not apply. While it is debatable whether you are under a legal obligation to return the gun (potentially it can be claimed as part of the division of assets at the split--if you were married). I'm not sure what "got rid of" exactly means. If the gun was sold/pawned, there should be a record. If the gun was transferred during a police collection, there may not be a record (but usually there is...). If the gun was simply lost, the answer gets less clear. Either way your ex should receive some information about the believed location of the gun (since the weapon is still registered in his name).

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