Lesson 2 of 5

Your Liberties Under Colorado Law

Speech, arms, searches, property, fair trials and the newest sections of Article II.

The text

Constitution of the State of Colorado, Article II, Section 7. Security of person and property - searches - seizures - warrantsSection page →

The people shall be secure in their persons, papers, homes and effects, from unreasonable searches and seizures; and no warrant to search any place or seize any person or things shall issue without describing the place to be searched, or the person or thing to be seized, as near as may be, nor without probable cause, supported by oath or affirmation reduced to writing.

Constitution of the State of Colorado, Article II, Section 10. Freedom of speech and pressSection page →

No law shall be passed impairing the freedom of speech; every person shall be free to speak, write or publish whatever he will on any subject, being responsible for all abuse of that liberty; and in all suits and prosecutions for libel the truth thereof may be given in evidence, and the jury, under the direction of the court, shall determine the law and the fact.

Constitution of the State of Colorado, Article II, Section 13. Right to bear armsSection page →

The right of no person to keep and bear arms in defense of his home, person and property, or in aid of the civil power when thereto legally summoned, shall be called in question; but nothing herein contained shall be construed to justify the practice of carrying concealed weapons.

Constitution of the State of Colorado, Article II, Section 14. Taking private property for private useSection page →

Private property shall not be taken for private use unless by consent of the owner, except for private ways of necessity, and except for reservoirs, drains, flumes or ditches on or across the lands of others, for agricultural, mining, milling, domestic or sanitary purposes.

Constitution of the State of Colorado, Article II, Section 15. Taking property for public use - compensation, how ascertainedSection page →

Private property shall not be taken or damaged, for public or private use, without just compensation. Such compensation shall be ascertained by a board of commissioners, of not less than three freeholders, or by a jury, when required by the owner of the property, in such manner as may be prescribed by law, and until the same shall be paid to the owner, or into court for the owner, the property shall not be needlessly disturbed, or the proprietary rights of the owner therein divested; and whenever an attempt is made to take private property for a use alleged to be public, the question whether the contemplated use be really public shall be a judicial question, and determined as such without regard to any legislative assertion that the use is public.

Constitution of the State of Colorado, Article II, Section 16. Criminal prosecutions - rights of defendantSection page →

In criminal prosecutions the accused shall have the right to appear and defend in person and by counsel; to demand the nature and cause of the accusation; to meet the witnesses against him face to face; to have process to compel the attendance of witnesses in his behalf, and a speedy public trial by an impartial jury of the county or district in which the offense is alleged to have been committed.

Constitution of the State of Colorado, Article II, Section 19. Right to bail - exceptionsSection page →

(1) All persons shall be bailable by sufficient sureties pending disposition of charges except:

(a) For capital offenses when proof is evident or presumption is great; or (b) When, after a hearing held within ninety-six hours of arrest and upon reasonable notice, the court finds that proof is evident or presumption is great as to the crime alleged to have been committed and finds that the public would be placed in significant peril if the accused were released on bail and such person is accused in any of the following cases: (I) A crime of violence, as may be defined by the general assembly, alleged to have been committed while on probation or parole resulting from the conviction of a crime of violence; (II) A crime of violence, as may be defined by the general assembly, alleged to have been committed while on bail pending the disposition of a previous crime of violence charge for which probable cause has been found; (III) A crime of violence, as may be defined by the general assembly, alleged to have been committed after two previous felony convictions, or one such previous felony conviction if such conviction was for a crime of violence, upon charges separately brought and tried under the laws of this state or under the laws of any other state, the United States, or any territory subject to the jurisdiction of the United States which, if committed in this state, would be a felony; or (c) (Deleted by amendment, L. 94, p. 2853, effective upon proclamation of the Governor, L. 95, p. 1434, January 19, 1995. ) (d) For the offense of murder in the first degree, as defined by law, committed on or after the effective date of this subsection (1)(d), when proof is evident or presumption is great. (2) Except in the case of a capital offense or murder in the first degree, if a person is denied bail under this section, the trial of the person shall be commenced not more than ninety days after the date on which bail is denied. If the trial is not commenced within ninety days and the delay is not attributable to the defense, the court shall immediately schedule a bail hearing and shall set the amount of the bail for the person. (2.5) (a) The court may grant bail after a person is convicted, pending sentencing or appeal, only as provided by statute as enacted by the general assembly; except that no bail is allowed for persons convicted of: (I) Murder; (II) Any felony sexual assault involving the use of a deadly weapon; (III) Any felony sexual assault committed against a child who is under fifteen years of age; (IV) A crime of violence, as defined by statute enacted by the general assembly; or (V) Any felony during the commission of which the person used a firearm. (b) The court shall not set bail that is otherwise allowed pursuant to this subsection (2.5) unless the court finds that: (I) The person is unlikely to flee and does not pose a danger to the safety of any person or the community; and (II) The appeal is not frivolous or is not pursued for the purpose of delay. (3) This section shall take effect January 1, 1995, and shall apply to offenses committed on or after said date.

Constitution of the State of Colorado, Article II, Section 25. Due process of lawSection page →

No person shall be deprived of life, liberty or property, without due process of law.

Constitution of the State of Colorado, Article II, Section 30b. No Protected Status Based on Homosexual, Lesbian or Bisexual OrientationSection page →

Neither the State of Colorado, through any of its branches or departments, nor any of its agencies, political subdivisions, municipalities or school districts, shall enact, adopt or enforce any statute, regulation, ordinance or policy whereby homosexual, lesbian or bisexual orientation, conduct, practices or relationships shall constitute or otherwise be the basis of or entitle any person or class of persons to have or claim any minority status, quota preferences, protected status or claim of discrimination. This Section of the Constitution shall be in all respects self-executing.

Constitution of the State of Colorado, Article II, Section 32. AbortionSection page →

The right to abortion is hereby recognized. Government shall not deny, impede, or discriminate against the exercise of that right, including prohibiting health insurance coverage for abortion.

Speech and the press (Section 10)

"No law shall be passed impairing the freedom of speech; every person shall be free to speak, write or publish whatever he will on any subject, being responsible for all abuse of that liberty." In libel cases truth may be given in evidence, and the jury decides the law and the facts under the court's direction.

Searches (Section 7)

The people are secure "in their persons, papers, homes and effects" against unreasonable searches and seizures. A warrant must describe what is to be searched or seized and needs probable cause "supported by oath or affirmation reduced to writing," a stricter rule than the federal text.

Arms (Section 13)

"The right of no person to keep and bear arms in defense of his home, person and property, or in aid of the civil power when thereto legally summoned, shall be called in question; but nothing herein contained shall be construed to justify the practice of carrying concealed weapons." The U.S. Second Amendment also limits Colorado: McDonald v. City of Chicago, 561 U.S. 742 (2010), applied it to the states, and New York State Rifle & Pistol Assn. v. Bruen, 597 U.S. 1 (2022), held that gun regulations must be consistent with the nation's historical tradition of firearm regulation. Colorado's gun laws have changed often in recent sessions; check current statutes before you buy or carry.

Property (Sections 14 and 15)

Private property may not be taken for private use without consent, except for "private ways of necessity" and for "reservoirs, drains, flumes or ditches on or across the lands of others, for agricultural, mining, milling, domestic or sanitary purposes" (Section 14), a reflection of Colorado's water law. Property may not be "taken or damaged" for public or private use without just compensation, and whether a use "be really public" is a question for the courts "without regard to any legislative assertion that the use is public" (Section 15).

Fair trials (Sections 16-25)

Rights to counsel, to know the accusation, to meet witnesses "face to face," to compel witnesses, and to a speedy public trial by an impartial jury (Section 16); no compelled self-incrimination or double jeopardy (Section 18); bail, with exceptions (Section 19, amended by voters in 2024, Amendment I, to allow denying bail in first-degree murder cases when proof is evident or presumption great); no excessive bail, fines or cruel punishment (Section 20); habeas corpus (Section 21); jury trial (Section 23); due process (Section 25).

Recent and contested sections

Article II also shows how Colorado's citizen initiatives shape the constitution:

  • Section 30b (1992 initiative, Amendment 2) barred protected status based on sexual orientation. The U.S. Supreme Court struck it down in Romer v. Evans, 517 U.S. 620 (1996); the words remain but cannot be enforced.
  • Section 31 (2006 initiative) defined marriage as between one man and one woman; it became unenforceable after Obergefell v. Hodges, 576 U.S. 644 (2015), and voters repealed it in 2024 (Amendment J).
  • Section 32 (2024 initiative, Amendment 79) recognizes a right to abortion and bars government from denying, impeding or discriminating against it, including by prohibiting insurance coverage.

Whatever your view of a given section, these examples show that in Colorado the voters themselves decide what goes into the constitution, which is why it matters who votes and how well they understand the text.

Source for constitutional text and amendment history: Colorado Revised Statutes 2024, Constitution, Office of Legislative Legal Services (PDF).

Check your understanding

  1. 1. Colorado's Article II, Section 13 protects the right to keep and bear arms in defense of:
  2. 2. Under Article II, Section 15, compensation is owed when private property is:
  3. 3. Colorado's Article II, Section 7 requires the oath supporting a warrant to be:
  4. 4. Which section of Article II was held unconstitutional by the U.S. Supreme Court in Romer v. Evans (1996) but remains printed in the text?

This lesson is educational and is not legal advice. Laws and procedures change; confirm current rules with the official sources linked above.