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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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Colleen Kelley, Esq.

Wolf Law Firm, LLC was not recommend to me by anyone, but as it turned out, was the best choice I could have made!

While searching for a lawyer for my two cases, a DUI and a trespassing felony, an understatement to say how scared I was! Wolf Law Firm caught my eye and, truthfully, it was because their firm provided a free consultation, which is invaluable in and of itself. Colleen Kelley is the attorney that picked-up the phone that day. After talking with her, I made the choice to hire her as my attorney.

We got off to a rocky start, mainly because of my inability to realize just how severe my situation was. Then, one day, Colleen just laid it on the line for me, my obvious unwillingness to face what was happening and the fact I wasn’t facing my drinking issues. It was a conversation that she was bold enough to have with me. Thanking her a million times over isn’t enough for the fortitude she had that day, not only as my attorney, but as a person genuinely concerned.

OUR outcome was more than phenomenal thanks to her diligence! I am, and will always remain, emotionally indebted to Colleen for her courage, kindness and overall, being an awesome attorney.

The day I came across Wolf Law Firm was the day, as it turned out, my life has a new beginning.

— Shelly O'Hayre

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Jeff accepted a traffic violation case with not a ton of time to prepare. He provided clear instructions on how to proceed with the initial hearing in order for this individual to receive an extension and time to gain attorney representation. From there, he continued take the extra steps necessary to not only communicate effectively and clearly but also provide a level of advocacy that was necessary for this vulnerable individual! Thanks Jeff — Your work, patience and understanding is greatly appreciated!

— Nicole Young

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My experience was very hard like many others facing any criminal charges against them. Jeffery A. Wolf was a very compassionate, caring individual that was there to help me through the entire court process. He is very knowledgeable about criminal law and was very helpful, getting my family and me through the whole criminal process. He fought for me in a time I needed someone the most, ensuring me that he was there for me and out to get the best results as possible from the court system. What an outstanding man to fight for the truth and be there for anyone with criminal charges, explaining the whole process very methodically and being pin point with all the facts. I was very confident in his experiences and knowledge that I would only trust my future with Jeffery A. Wolf. I had a great experience with him, allowing me to have the life I am here to live.

— Adam B.

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Jeffrey Wolf was very professional, helped me feel better through an extremely scary process, and the serious case reached a favorable outcome. Highly recommend.

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Colleen Kelley and Wolf Law

In the past few years I have had the unfortunate circumstance of needing a criminal defense attorney. I cannot overstate how fortunate I was to have chosen Colleen Kelley. I can honestly say that without Colleen on my side that I would have been sentenced to significantly more time and more serious charges than were warranted in my situation.

Colleen is undoubtedly a major reason as to why I am free today and able to move on with rebuilding my life. I would without hesitation recommend Colleen to anyone who needs a criminal defense attorney.

— Matthew M.

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Jeff is the best attorney my husband and I have used. He actually cared about what was best for my family. He actually fought for my husband and was on his side. He listened to my husband and made us feel like he was on our side and we could trust him with my husband’s future. I suggest to anyone looking for an attorney to put your trust in Jeff, he got us the best deal ever.

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Colorado Law had recently passed a law, that would help me in the messy situation I was in. I knew immediately I had to find a lawyer to discuss the situation and the circumstances surrounding the process, and eligibility requirements for my specific case. I have to admit, I was very nervous reaching out to any lawyers who could help me.

So I did my research to the best of my ability, and having questions to ask to confirm I was making the right choice in a lawyer. A friend of mine who had previously worked with Mr. Wolf, had strongly recommended that I contact him. I am very grateful that I had! He was very respectful, and had a obvious passion to help me, asking specific questions surrounding my situation so that we can both deal with the issue at hand. Talking me through the processes and possible outcomes, straight forward. No sugar coating, which is nice because I value honesty.

Throughout the whole process, I was comfortable, and very trusting, as questions were answered accurately and after I tried contacting him with new questions or comments, he would return my call or email within 24 Hours! That showed me that he cared and was on top of his workload.

Nonetheless, the outcome of my case worked really well for me, and was a success. And for that, I want to show my gratitude.

Thank You Mr. Wolf for being on my side! I strongly recommend to anyone looking for a well competent lawyer, to contact Jeffrey Wolf at Wolf Law!

— Erwin H.

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When you get charged with a crime it is tough to deal with, mostly because you are embarrassed and disappointed with yourself for what you have done. I was charged with theft and was very worried about what type of impact that would have on my business professional career when applying for jobs. I contacted a few lawyers but knew that Jeff was the right direction to take. He made me feel more at ease knowing that people make mistakes and that this would not effect my whole life. He was very helpful and quick to respond to any questions or concerns that I had.

During my time with Jeff he made me feel very comfortable and I knew going into everything what to expect, what to say, and how to present myself. Whether you hire a lawyer or not is your own decision. But to me what Jeff was able to provide was well worth it. I literally told him my story, how I felt and what type of outcome I was looking for on the first day. Besides showing up with him to court he did everything else and took care of everything. We were sentenced to the verdict that we were looking for and now I can move forward and put this case behind me. Thanks for all your help Jeff it was much appreciated.

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I had the pleasure of working with Cassandra on a petition I was making to the court. Cassandra’s representation was amazing. She communicated exactly what would be required of me. She set realistic expectations of how the process would work and kept me updated on where my petition was i the judicial process. I give Cassandra Monahan and Wolf Law my highest recommendation if you need someone on your side in the judicial system.

Thank you Cassandra for everything you did. I appreciate you!!!

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