Experienced Weapon Possession Defense Lawyers in Denver, CO
Being convicted of weapon possession in Colorado comes with serious consequences. To safeguard your freedom and protect your reputation, it’s crucial to understand your rights and have a skilled Denver Weapon Possession Defense Attorney by your side.
The Second Amendment of the U.S. Constitution grants the right to own firearms, but this right isn’t without limits. In Colorado, as in other states, laws are in place to regulate who can possess weapons, what types of weapons are allowed, and how they can be used. For instance, individuals with felony convictions or those convicted of domestic violence offenses are not permitted to own, carry, or use firearms.
Weapons charges can range from minor misdemeanors to serious felonies, which may carry prison sentences that must be served in addition to any existing punishment. As with any crimes in Denver, having an experienced criminal lawyer on your side can help reduce the severity of the potential penalties you’re facing. Denver judges tend to handle weapon possession charges strictly, viewing them as a significant threat to public safety, particularly in urban areas like Denver and the surrounding counties.
Here are some of Colorado’s gun laws related to weapon possession:
Possession of a Dangerous or Illegal Weapon
Illegal weapons include:
- Blackjacks
- Brass knuckles
- Switchblades
- Gravity knives
- Gas guns
Dangerous weapons include:
- Firearm suppressors
- Machine guns
- Short or sawed-off shotguns
- Short rifles
- Ballistic knives
Possessing a dangerous weapon is considered a class 5 felony in Colorado, but if you have a previous conviction for the same charge, it escalates to a class 4 felony. In contrast, possessing an illegal weapon is classified as a class 1 misdemeanor. It’s crucial to seek legal advice from a Denver Weapon Possession Defense Attorney in these situations to protect your rights.
Law enforcement officers and members of the armed forces are exempt from these restrictions, as long as they have a valid license or permit to possess these types of weapons.
Defaced Firearms
Possessing a firearm with a missing or altered serial number is illegal in Colorado, unless the number was removed due to normal wear and tear. It’s important to note that you don’t have to be the one who removed or defaced the serial number—just having the firearm in your possession is enough to be charged. This offense is classified as a class 1 misdemeanor, which can lead to up to 18 months in county jail. If you’re caught with a defaced firearm a second time within five years, it becomes a class 5 felony.
If someone is convicted of possessing a defaced firearm, the law requires the weapon to be either destroyed or permanently disabled by the law enforcement agency that seized it or by the Colorado Bureau of Investigation.
Unlawfully Carrying a Concealed Weapon
Carrying a concealed firearm without a valid Colorado concealed carry permit is illegal, unless you’re on your own property. You are allowed to carry a firearm in a private vehicle as long as it’s for the “lawful protection” of people or property while traveling. Law enforcement officers can also carry concealed weapons, provided they are following the policies of their department.
A weapon is considered “concealed” if it can’t be seen through normal observation. Unlawfully carrying a concealed weapon is a class 2 misdemeanor in Colorado, with a potential jail sentence of up to one year. A second offense within five years escalates to a class 5 felony.
Possession of Firearms on School Grounds
Possessing a dangerous weapon on school grounds, including elementary, middle, high schools, colleges, or universities, is a class 6 felony. However, there are exceptions for those who are authorized to have weapons for educational or instructional purposes. For instance, a person teaching a firearms class or participating in a sporting event like the biathlon is permitted to carry a firearm in those specific situations.
Illegal Purchase or Transfer of Firearms
In Colorado, it’s a class 4 felony to buy or transfer a firearm to someone you know—or should reasonably know—is not legally allowed to possess a gun under federal or state law. This is a serious offense, with penalties that can include up to six years in prison.
If you’re facing weapons charges in Colorado, it’s crucial to take them seriously. Consult with an experienced criminal defense attorney to understand if your charges carry mandatory consecutive prison sentences. Our office can help answer any questions you have. Reach out to us if you’re facing criminal charges of any kind.
Transporting Firearms in Colorado
In Colorado, no city or county can make it illegal to travel through their area with a firearm. You’re allowed to carry a gun in your vehicle, whether it’s for hunting or for protecting yourself and your property. Colorado lawmakers recognize that if different areas had their own gun transportation laws, travelers might unknowingly break the law. To avoid confusion, no local jurisdiction is allowed to ban the transportation of firearms.
Firearm Possession by a Previous Offender in Colorado
Under Colorado law, individuals convicted of a felony are prohibited from owning, carrying, or using firearms. If someone with a prior felony conviction in Colorado or any other state is caught with a firearm, they will face charges of “Possession of a Weapon by a Previous Offender.”
This offense is always treated as a felony, though the specific class depends on the circumstances. Generally, it starts as a class 6 felony, carrying a potential 18-month prison sentence, which must be served consecutively to any other ongoing sentence.
The charge is elevated to a class 5 felony if:
- The prior felony conviction was for Burglary, Arson, or any other crime involving force or a deadly weapon, and
- The new weapon possession occurred within 10 years of the original felony conviction, release from prison, or end of probation.
It also becomes a class 5 felony if the weapon in question is considered “dangerous” under Colorado law, such as silencers, machine guns, short shotguns or rifles, and ballistic knives.
For second or subsequent offenses, the charge increases to a class 4 felony. Again, any sentence for this crime must run consecutively with any other sentence the defendant is already serving.
To convict someone of this offense, the prosecution must prove the defendant knowingly possessed the firearm. If the defendant was unaware of the weapon, they should be found not guilty.
Even individuals who have pleaded guilty and are under deferred judgment for a felony are treated as though they’ve been fully convicted and are likewise barred from possessing firearms.
Prohibited Use of Denver Weapon Possession
Colorado law prohibits certain actions involving weapons under a broad statute known as Prohibited Use of Weapons. Violating this law is a class 2 misdemeanor, which can result in up to one year in jail and a fine of up to $1,000. A second offense within five years is upgraded to a class 5 felony.
There are several ways to violate this statute:
- Reckless or Negligent Discharge: Firing a gun or shooting a bow and arrow in a reckless or negligent manner. This broad definition gives a jury considerable discretion in determining guilt. The closer the shooter is to people or buildings, the more likely a jury will find the behavior reckless.
- Aiming a Firearm at Someone: Knowingly pointing a gun at another person is prohibited. The key word is “knowingly,” meaning the individual must be aware they are aiming the weapon at someone. If done unintentionally, it does not violate this law.
- Setting a Gun Trap: Setting a loaded gun to discharge if triggered is illegal, unless a competent person is present to monitor it.
- Possession While Under the Influence: Having a firearm while under the influence of drugs or alcohol is another violation, often referred to as a “drunk with a gun” charge. It doesn’t matter if the gun is loaded. The jury will decide if the defendant was in possession of the weapon, which often arises in DUI cases when a firearm is found in the vehicle.
- Use of Nunchakus or Throwing Stars: Knowingly aiming, swinging, or throwing these weapons at someone is prohibited, as is carrying them in public, unless for an authorized demonstration or exhibition.
Having a criminal record for a weapons violation can have serious consequences. A skilled defense lawyer can help by challenging the evidence or negotiating a plea deal. If you are facing any weapons-related charges, contact our office for assistance.
Illegal Discharge of a Firearm in Colorado
Illegal Discharge of a Firearm occurs when someone shoots at any building or dwelling, whether or not people are inside. To convict, the prosecution must prove beyond a reasonable doubt that the shooter acted knowingly or recklessly. Importantly, the law does not require the bullet to actually hit or enter the building for it to be considered a violation.
This offense also applies when a person fires a gun into an occupied vehicle, and again, it doesn’t matter if the bullet enters the vehicle.
Law enforcement officers are exempt from this law when they are performing their duties. Illegal Discharge of a Firearm is classified as a class 5 felony in Colorado, with a potential prison sentence of up to three years. If the judge finds aggravating circumstances, that sentence could be extended to six years.
Reach Out to a Denver Weapon Possession Defense Attorney
If you’ve been accused of illegal weapon possession under any of the situations mentioned, it’s vital to seek legal assistance immediately. At Churchill Criminal Defense, our experienced Denver Weapon Possession Defense Attorneys will stand by you and fight for your rights throughout the entire process. Contact us today for a free consultation.
