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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

A young man in a hoodie holding
Weapons charges are not limited to guns. In Colorado, possessing an illegal weapon like a switchblade carries criminal charges.

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

horizontal photograph of a sign showing a no gun zone area
Colorado recognizes concealed handgun permits, but it is still illegal to possess firearms in certain premises like schools and government buildings.

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

A law book with a gavel - Gun law
Weapons charges range from misdemeanors to felonies, and their penalties can be severe, especially if you have a criminal record or other charges are filed.

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.

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I had misdemeanor from when I was 19 years old that was keeping me from just renting an apartment because of its classification. I contacted Wolf law to get assistance with seal this 17-year-old case so I could secure an apt without fear of rejection. I was put in touch with Cassandra very promptly. She advised me and told me that I would have to seal the record in order to just have peace of mind as there is no statute of limitations on my situation. She explained the process very thoroughly and answered any questions I had. She was very kind during the whole process which ended up taking some time to get it taken care of. She kept me informed every step of the way. She kept great care to send me documents by mail and email. Cassandra was just fantastic to work with and I am so grateful to have closure from a mistake I was a young adult. If I every need a lawyer again (hopefully not of course) I would definitely contact Wolf law again for help. Thank you so much for helping me!

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I found myself threatened with life-changing accusations, and Jeff Wolf was there for me. Kept me up to date every step of the way and really helped relieve the stress of going through something so awful. 100 percent worth every penny.

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Fantastic Attorney, Thorough and Knowledgeable

When I had charges pending against me, I had a free consultation with many attorneys and ultimately hired Jeff wolf as my formal representation. Most of the attorneys’ capabilities were relatively equal, but what stuck out with Jeff was his ethics and personal investment in my outcome.

From the beginning he tried to get a thorough sense of who I was in society and represent that to the judge for sentencing. In court he pleaded my case and balanced remorse for the action with any positive attributes to gain a favorable outcome. He is well spoken and respected in court.

I liked that his payment model worked through stages that he “earned” along the way. I had a clear understanding of what to expect from him, from the court, and the most likely requirements of my sentence. And when I didn’t understand or had additional questions on one part (and I had many) he took the time to explain and discuss the options and his recommendation with me.

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The result of my case was quite favorable thanks to Jeff. Great lawyer, highly recommend.

— Pam

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Jeff was a terrific advocate while representing me through my DWAI. He was professional. I am convinced that it was his prior trial experience and effective communication skills that secured a much more desirable sentence than I had expected. I am positive that Jeff’s representation made it so that I could keep my job.

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I hired Jeff Wolf to represent me in a domestic violence defense case. The results were excellent. Him and his team are awesome. They handled everything for me. Trust your freedom with Wolf Law!

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Words cannot express how grateful I am to have been represented by Wolf Law. Any petition involving removal from the sex offender registry should never be handled on your own. Each case is unique, and the complications with mine were met with the highest degree of compassion and professionalism. I was treated as a human being that made a terrible mistake, rather than a monster as the stigma typically implies.

Thanks to the hard work of my attorney, Cassandra Monahan, as well as the other attorneys and legal staff that I had the pleasure of interacting with, I can finally bring a very painful chapter of my life to a close. There is much to be said about an attorney that performs as though they have a vested interest in your case as opposed to one that just wants your money. I highly recommend Wolf Law!

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Jeff was with me from Day 1 after getting pulled over for an accused DUI charge. Jeff’s knowledge of the process and responsiveness to my questions, concerns were impressive. His professionalism to me and in court was excellent. Jeff truly made this stressful and emotionally taxing situation 100 times better. I am grateful he was referred to me. I would definitely recommend Jeff if ever faced with a driving-related charge. Jeff will be my first call in the future for any legal counsel (which hopefully, is never again).

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Most people live their lives never dreaming they would ever need the services of a criminal defense attorney. But, sometimes, life takes a hard left turn with no warning and you can find yourself in a very dark and scary place. When that happened to us we didn’t know where to turn. But, our daughter did. An old classmate and friend, Jeffrey Wolf, was the person to call. So we did. We called an attorney but a hero was who showed up. Mr Wolf is a picture of competence with compassion. He alleviated many of our fears and answered every question with confidence. During this most difficult time he made it possible for us to continue to live our lives and actually sleep at night knowing that we were in the best possible hands. Our family will be forever grateful to Mr Wolf as he truly is a Light in the Darkness.

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I was falsely accused of a crime with serious consequences, was very depressed and got even more depressed and frustrated as I was interviewing attorneys to defend me. They had a broad spectrum of approaches and some were ready to head to trial immediately as it seemed they were primarily interested in battles and my money rather than my best interests. The first one was extremely arrogant and rushed to get me off the phone. My court appearance date was approaching and I was ready to give up when I came across Jeffrey’s website. I read he had once also been falsely accused which motivated him to become an attorney. After further reading, his philosophy appealed to me so I set up a free session.

I met with Jeffrey and told him what happened. He explained the alleged crime and potential consequences and then spoke about himself and his approach. I spent more time than the “free time” allocated but was never rushed. He listened, believed me and was really genuine as I had not witnessed before with other attorneys.

By the time we finished talking, I felt respected and not disrespected as I found out with this accusation, you are guilty until proven innocent from most everyone’s perspective. I hired Jeff on the spot and when I left his office, I felt this big burden lifted off my shoulders as I knew I could trust him to do his best for me. I was finally able to sleep that night and after several weeks able to put this out of my mind as being the constant main focus.

If you are seeking a very knowledgeable, trustworthy, caring, honest and respectful attorney, Jeffrey fits the bill. He is a great listener and never rushed me even with a flat fee rate. He has a good rapport with the Court who also respectfully listens to him. He is well spoken in the courtroom. I have seen him in several cases reaching very good settlements for his clients. On my case, he provided me his opinion with his rationale as to how I should proceed but allowed me to then make a decision as to go to trial or take a plea bargain. He would fully support my decision either way. Jeff is very good in providing the pros and cons, risks, and potential scenarios that may play out. My case will be dismissed shortly and record sealed as a result of Jeff’s hard work, negotiations, poking holes in the accuser’s story pre-trial, and dedication to my satisfactory case resolution. If you want the best, look no further as you have found him. Thank you Jeff!

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I was originally considering not hiring an attorney since this was my first DUI offense but I’m definitely glad I did. It was my first DUI but I was involved in a one-car accident and totaled my car. I started to worry about the possible consequences after reading the penalties online. I contacted Jeff’s office after reading reviews on AVVO left by other clients. From the beginning he was very straightforward regarding possible penalties and possible outcomes, and gave me the details of what he would do if I hired him.

We worked out what strategies we would use for the DMV and Court. Without going into too much detail, I have to say that I was extremely happy that I decided to hire Jeff. Immediately after hiring him I felt a lot less stress about the whole situation. He was always in contact with me every step of the process and even did things for me that I didn’t have to do myself, like my DMV hearing.

Every DUI case is different based on many different circumstances, so I can’t say that my results will be yours, however I was extremely happy with my results. He won my DMV hearing, and I didn’t lose my license and got pretty much the minimum penalties in court. Overall, I would recommend him to any family or friends who find themselves in the same situation. I have several friends who had similar situations who couldn’t believe how lucky I was to get the outcome that I did. Thank you for everything Jeff!

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