The potential consequences of weapons-related criminal charges in Colorado include prison time and fines that can reach hundreds of thousands of dollars. Because weapons charges often accompany other criminal charges, the accused may face both state and federal crimes, and penalties may be compounded.
If you or a loved one was arrested for a weapons-related charge in Colorado, the criminal defense lawyers at Wolf Law are ready to hear your story. Please call us today at 720-479-8574 or contact us online for your free consultation.
Colorado Weapons and Firearms Laws
Weapons charges are not limited to firearms alone. In fact, nearly any object can constitute a weapon in the context of criminal charges if that object is linked to other criminal charges, such as assault.
Colorado’s firearms and weapons statutes define two broad weapons categories:
- Dangerous weapons: In Colorado, it is a felony to possess a “dangerous weapon,” which includes firearms with silencers, machine guns, short shotguns, short rifles and ballistic knives (knives in which the blades are forcefully projected from the handle via a spring-loaded device or explosive charge).
- Illegal weapons: In Colorado, it is a misdemeanor to knowingly possess an “illegal weapon,” which includes blackjacks, gas guns, switchblade knives or metallic knuckles.
Intent is often an important factor in weapons-related charges. For example, an otherwise harmless object may be considered a “deadly weapon” if the object was used with the intent to cause harm.
Colorado Gun Charges
The right to own firearms comes with qualifications, and even valid gun owners can face criminal charges based on where the firearms are possessed or how they are used. Common firearms charges in Colorado include but are not limited to:
- Prohibited use of a firearm: This includes using a gun while under the influence of alcohol or other drugs, or recklessly firing a gun.
- Defacing a firearm or possession of a defaced firearm: It is illegal to remove or alter a firearm’s serial number, or to possess a firearm whose serial number has been defaced.
- Unlawful purchase of a firearm: Federal law prohibits the purchase and possession of firearms by certain people, including convicted felons. Those who purchase a firearm illegally or those who purchase a firearm for another who is not legally allowed to own a gun could face felony charges.
- Unlawfully carrying a concealed weapon: Although Colorado recognizes concealed handgun permits, firearms are not permitted in certain premises, including schools and government buildings.
- Possession of a weapon by a previous offender (POWPO): It is unlawful for a convicted felon to own, possess or carry a firearm. It is also unlawful for an adjudicated minor who was convicted of an offense that would have been a felony if committed by an adult to own, possess or carry a firearm.
- Illegal discharge of a firearm: If a person knowingly or recklessly discharges a firearm into any dwelling or occupied structure he or she could face felony charges.
Firearms charges can range from misdemeanors to felonies, and their corresponding penalties can be severe, especially if the individual has a criminal record or additional corresponding criminal charges are filed.
Penalties for Weapons-Related Criminal Charges
A firearm or other weapon change can have far-reaching consequences including incarceration and/or costly fines. A firearm or weapon charge can also limit a person’s right to own a gun in the future, job eligibility, and even housing opportunities.
Following is a list of some common firearms and weapons charges, as well as their potential punishments:
- Possession of a dangerous weapon: Class 5 felony punishable by one to three years in prison and/or a fine up to $100,000
- Possession of an illegal weapon: Class 1 misdemeanor punishable by six to 18 months in prison and/or a fine up to $5,000
- Possession of a defaced firearm: Class 1 misdemeanor punishable by six to 18 months in prison and/or a fine up to $5,000
- Unlawfully carrying a concealed weapon: Class 2 misdemeanor punishable by up to one year of jail time and/or a fine up to $1,000
- Possession of a weapon by a previous offender (POWPO): Class 6 felony punishable by one year to 18 months in prison and/or a fine up to $100,000
- Unlawful purchase of a firearm: Class 4 felony punishable by two to six years in prison and/or a fine up to $500,000
- Possession of a handgun by a juvenile: Class 2 misdemeanor punishable by three to 12 months in jail
Penalties typically increase for repeat offenders, crimes of violence, or when aggravating circumstances are present.
Gun Crimes in Colorado
There were nearly 6,000 violent crimes involving firearms in Colorado in 2017, and more than 5,000 violent crimes involving dangerous weapons. The same year, more than 360,000 guns were purchased in Colorado.
According to a Bureau of Alcohol, Tobacco, Firearms and Explosives report, 4,905 firearms were traced and recovered in Colorado in 2017. Not all of the firearms traced were used in crimes, but the top categories reported for firearm traces were related to possession charges and weapon offenses.
Who Is Prohibited From Owning Firearms in Colorado
In Colorado, certain individuals are prohibited from firearm possession due to state and federal laws. Violating these restrictions can lead to severe criminal penalties, including federal weapon offenses. Understanding these limitations is critical to avoid illegal possession charges.
Individuals prohibited from owning or possessing firearms in Colorado include:
- Convicted felons: Those convicted of a felony offense are barred from possessing firearms. This includes individuals with felony convictions in other states.
- Individuals convicted of domestic violence: Those with a domestic violence-related misdemeanor conviction cannot legally possess firearms under federal law.
- Persons subject to restraining orders: Individuals subject to active protection or restraining orders that specifically prohibit firearm possession are restricted from owning guns.
- Adjudicated juvenile offenders: Minors convicted of offenses that would have been felonies if committed by an adult are prohibited from firearm possession.
- Unlawful drug users: Individuals who are unlawful users of controlled substances, including marijuana (despite its legality in Colorado), are restricted from possessing firearms under federal law.
- Those found mentally incompetent: Persons who have been deemed mentally unfit by a court or involuntarily committed to a mental health institution are banned from firearm possession.
- Undocumented immigrants: Non-U.S. citizens who are unlawfully in the country cannot legally own or possess firearms.
- Individuals convicted of firearms trafficking: Those involved in the illegal sale, distribution, or transport of firearms face strict bans on legal firearm ownership.
Anyone caught violating these restrictions may face felony weapon charges and significant legal consequences. If you are unsure about your eligibility to own a firearm, consulting a qualified weapon charges lawyer can provide clarity and legal guidance.
Our Gun and Weapon Charges Defense Strategies
Facing weapons crimes in Colorado can be overwhelming, but a strong legal defense can help mitigate or dismiss charges. A skilled defense attorney can analyze the specifics of your case and develop a strategy tailored to your circumstances. Some common defense approaches include:
Lack of Knowledge or Intent
In some cases, the prosecution must prove that the defendant knowingly possessed a firearm illegally. If you were unaware of the firearm’s presence or that its possession was unlawful, your attorney may argue a lack of intent.
Illegal Search and Seizure
Under the Fourth Amendment, law enforcement must follow legal procedures when searching for and seizing firearms. If a firearm was discovered through an illegal search or improper police conduct, your lawyer may file a motion to suppress the evidence, potentially leading to case dismissal.
Self-Defense or Defense of Others
If a firearm was used in a situation of self-defense or defense of another person, this may be a valid legal defense. Colorado recognizes the right to self-defense, and demonstrating that the weapon was used lawfully can be key in reducing or dismissing charges.
Flaws in the Prosecution’s Case
Weapon charges often require strong evidence to prove guilt beyond a reasonable doubt. Your lawyer may challenge witness credibility, question forensic evidence, or highlight inconsistencies in the prosecution’s case to weaken the charges against you.
Improper Firearm Classification
Some weapon charges rely on the classification of a firearm as an illegal or dangerous weapon. If law enforcement misclassified the firearm in question, your lawyer can argue that the charge does not apply.
Violation of Gun Ownership Rights
In cases where law-abiding citizens are charged due to unclear or overly broad weapon laws, a defense attorney may argue for dismissal on the grounds of Second Amendment rights.
If you are facing state or federal weapon offenses, securing an experienced weapon charges lawyer is essential. The attorneys at Wolf Law have successfully defended individuals against weapons crimes and can help you navigate the legal system while protecting your rights. Contact us today at 720-479-8574 for a free consultation.
Colorado Weapons Charges Attorneys
If you’re facing weapons-related charges in Colorado, you need an attorney who understands the complex state and federal regulations that impact your case.
The Denver criminal defense lawyers at Wolf Law have extensive experience handling a broad range of criminal offenses, including those involving weapons. Our attorneys are dedicated to providing compassionate, aggressive representation for those charged with or under investigation for a crime.
Please call Wolf Law today at 720-479-8574 or contact us online for a free, no-obligation consultation.
