Colorado Revised Statutes

Colo. Rev. Stat. § 16-2.5-101 (2026)

Peace officer - description - general authority

✓ current as of July 2026
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(1) A person who is included within the provisions of this article and who meets all standards imposed by law on a peace officer is a peace officer, and, notwithstanding any other provision of law, no person other than a person designated in this article is a peace officer. A peace officer may be certified by the peace officers standards and training board pursuant to part 3 of article 31 of title 24, C.R.S., and, at a minimum, has the authority to enforce all laws of the state of Colorado while acting within the scope of his or her authority and in the performance of his or her duties, unless otherwise limited within this part 1.

(2) (a) A peace officer certified by the peace officers standards and training board shall have the authority to carry firearms at all times, concealed or otherwise, subject to the written firearms policy created by the agency employing the peace officer. All other peace officers shall have the authority to carry firearms, concealed or otherwise, while engaged in the performance of their duties or as otherwise authorized by the written policy of the agency employing the officer.

(b) (I) A law enforcement agency may amend its written firearms policy, or use an existing policy, authorizing the possession of a firearm by an eligible immigrant, as defined in section 24-31-320 (2). A firearms policy must comply with any federal law or regulation promulgated by the United States department of justice, bureau of alcohol, tobacco, firearms, and explosives, or any successor agency, governing possession of a firearm and any related exceptions.

(II) An eligible immigrant may enroll in a training academy, as defined in section 24-31- 301 (6), if the eligible immigrant is employed by a law enforcement agency and the agency's written firearms policy authorizes the eligible immigrant to possess and use a firearm at the academy, and permits transporting, storing, cleaning, and maintaining the firearm outside of instructional hours, as appropriate.

(III) The law enforcement agency that employs the eligible immigrant shall notify the P.O.S.T. board, in a manner determined by board rule pursuant to section 24-31-320 (1), that the eligible immigrant is compliant with the agency's written firearms policy while attending a training academy.

(3) As used in every statute, unless the context otherwise requires, "law enforcement officer" means a peace officer. Source: L. 2003: Entire article added, p. 1605, § 2, effective August 6. L. 2006: (1) amended, p. 27, § 1, effective July 1, 2007. L. 2023: (2) amended, (HB 23-1143), ch. 121, p. 451, § 2, effective August 7.

16-2.5-102. Certified peace officer - P.O.S.T. certification required. The following peace officers shall meet all the standards imposed by law on a peace officer and shall be certified by the peace officers standards and training board, referred to in this article as the "P.O.S.T. board": A chief of police; a police officer; a sheriff; an undersheriff; a deputy sheriff; a Colorado state patrol officer; a town marshal; a deputy town marshal; a reserve police officer; a reserve deputy sheriff; a reserve deputy town marshal; a police officer or reserve police officer employed by a state institution of higher education; a Colorado wildlife officer; a Colorado parks and recreation officer; a Colorado police administrator or police officer employed by the Colorado mental health institute at Pueblo; an attorney general criminal investigator; a community parole officer; a public transit officer; a municipal court marshal; and the department of corrections inspector general.

Source: L. 2003: Entire article added, p. 1606, § 2, effective August 6. L. 2004: Entire section amended, p. 1162, § 2, effective May 27. L. 2008: Entire section amended, p. 85, § 1, effective March 18. L. 2010: Entire section amended, (HB 10-1422), ch. 419, p. 2069, § 26, effective August 11. L. 2016: Entire section amended, (SB 16-189), ch. 210, p. 759, § 25, effective June 6.

16-2.5-103. Sheriff - undersheriff - certified deputy sheriff - noncertified deputy sheriff. (1) A sheriff, an undersheriff, and a deputy sheriff are peace officers whose authority shall include the enforcement of all laws of the state of Colorado. A sheriff shall be certified by the P.O.S.T. board pursuant to section 30-10-501.6, C.R.S. An undersheriff and a deputy sheriff shall be certified by the P.O.S.T. board.

(2) A noncertified deputy sheriff or detention officer is a peace officer employed by a county or city and county whose authority is limited to the duties assigned by and while working under the direction of the chief of police, sheriff, an official who has the duties of a sheriff in a city and county, or chief executive of the employing law enforcement agency.

Source: L. 2003: Entire article added, p. 1606, § 2, effective August 6.

Notes of Decisions
Cited in 12 cases (3 in the last 5 years), 2006–2025 · leading case: Casillas v. People, 2018 CO 78 (Colo. 2018).
Casillas v. People, 2018 CO 78 (Colo. 2018). · cites it 4× “§ 16-2.5-101(1), (3), C.R.S. (2018); § 19-2-926(4), C.”
People v. Samuels, 228 P.3d 229 (Colo. Ct. App. 2009). “§§ 16-2.5-101(1), -187, 16-11-209, C.R.S.”
v. Knox, 2019 COA 152 (Colo. Ct. App. 2019). · cites it 5× “” § 16-2.5-101, C.R.S. 2019; § 16-2.5-105, C.”
v. People, 2018 CO 78M (Colo. 2018). · cites it 4× “§ 16-2.5-101(1), (3), C.R.S. (2018); § 19-2-926(4), C.”
People v. Carter, 402 P.3d 480 (Colo. Ct. App. 2015). “¶ 17 Carter argues that because all “members” of the CPUC are statutorily deemed “peace officers while engaged in .”
People v. Romero, 197 P.3d 302 (Colo. Ct. App. 2008). “These agents are "peace officers" within the meaning of sections 16-2.5-101 and-136, C.R.S.2008. § 17-27-102(3.”
In re 2003-2004 Term of the State Grand Jury, 148 P.3d 440 (Colo. Ct. App. 2006). · cites it 2× “, or a peace officer, as described in section 16-2.5-101; (c) Allegations of misfeasance or malfeasance with regard to a governmental function, as defined in section 18 — 1—901(3)(j), C.”
Garcia v. Harms, 410 P.3d 561 (Colo. Ct. App. 2014). · cites it 4× “A peace officer, as defined in section 16-2.5-101, C.R.S.2014, has "the authority to enforce all laws of the state of Colorado while acting within the scope of his or her authority and in the performance of his or her duties.”
People v. Sommerfeld, 214 P.3d 570 (Colo. Ct. App. 2009). “These parole officers have the powers of "peace officers," $ 19-2-1008(8), which include the authority to enforee all laws of the state and to carry firearms, § 16-2.5-101, C.R.98.2008, and may also take a juvenile into custody pursuant to a warrant.”
The Gazette; Christopher N. Osher, reporter for The Gazette; & the Invisible Inst. v. Erik Bourgerie, in his Off. capacity as the Dir. of the Colorado Peace Officer Standards & Training Bd.., 2024 CO 78 (Colo. 2024). “§§ 16-2.5-101(1), (3), C.R.S. (2024). POST exercises its powers and performs its duties and functions within the Colorado Department of Law.”
Scott v. Hiller (D. Colo. 2024). · cites it 3× “§ 18-9-313(1)(k) (incorporating by reference Colo. Rev. Stat. § 16-2.5-101 ); id. § 16-2.”
Arroyo v. Eischen (D. Colo. 2025). · cites it 3× “at a minimum, has the authority to enforce all laws of the state of Colorado while acting within the scope of his or her authority and in the performance of his or her duties.”) (emphasis added).”
— Colo. Rev. Stat. § 16-2.5-101(1) — 5 cases
Casillas v. People, 2018 CO 78 (Colo. 2018). “§ 16-2.5-101(1), (3), C.R.S. (2018); § 19-2-926(4), C.”
People v. Samuels, 228 P.3d 229 (Colo. Ct. App. 2009). “§§ 16-2.5-101(1), -187, 16-11-209, C.R.S.”
v. People, 2018 CO 78M (Colo. 2018). “§ 16-2.5-101(1), (3), C.R.S. (2018); § 19-2-926(4), C.”
The Gazette; Christopher N. Osher, reporter for The Gazette; & the Invisible Inst. v. Erik Bourgerie, in his Off. capacity as the Dir. of the Colorado Peace Officer Standards & Training Bd.., 2024 CO 78 (Colo. 2024). “§§ 16-2.5-101(1), (3), C.R.S. (2024). POST exercises its powers and performs its duties and functions within the Colorado Department of Law.”
Arroyo v. Eischen (D. Colo. 2025). “at a minimum, has the authority to enforce all laws of the state of Colorado while acting within the scope of his or her authority and in the performance of his or her duties.”) (emphasis added).”
— Colo. Rev. Stat. § 16-2.5-101(3) — 1 case
Garcia v. Harms, 410 P.3d 561 (Colo. Ct. App. 2014). “A peace officer, as defined in section 16-2.5-101, C.R.S.2014, has "the authority to enforce all laws of the state of Colorado while acting within the scope of his or her authority and in the performance of his or her duties.”
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