Firearms and Weapons Offenses in Colorado
The attorneys at Rights & Liberties Law Firm are experienced firearms and weapons offenses attorneys in Colorado who defend people charged with firearms and weapons related offenses.
Firearms and weapons offenses are defined in various statutes under C.R.S. Title 18, Article 12. Below are some of the most common firearms-related offenses, their statutes, possible penalties, elements of the offense, and applicable defenses.
Common Firearms and Weapons Offenses and Statutes
Possessing a Dangerous or Illegal Weapon (C.R.S. § 18-12-102)
Description: Possessing a dangerous weapon such as a machine gun, short shotgun, short rifle, or firearm silencer.
Penalties: Class 5 felony, punishable by 1 to 3 years in prison and fines up to $100,000.
Unlawfully Carrying a Concealed Weapon (C.R.S. § 18-12-105)
Description: Carrying a concealed firearm without a permit.
Penalties: Class 2 misdemeanor, punishable by up to 120 days in jail and fines up to $750.
Possession of a Defaced Firearm (C.R.S. § 18-12-103)
Description: Possessing a firearm with a removed, altered, or obliterated serial number.
Penalties: Class 1 misdemeanor, punishable by up to 364 days in jail and fines up to $1,000.
Prohibited Use of Weapons (C.R.S. § 18-12-106)
Description: Includes discharging a firearm recklessly, possessing a firearm while under the influence of alcohol or drugs, and aiming a firearm at another person.
Penalties: Class 2 misdemeanor, punishable by up to 120 days in jail and fines up to $750.
Possession of Weapons by Previous Offenders (C.R.S. § 18-12-108)
Description: Possessing a firearm after being convicted of a felony.
Penalties: Class 6 felony, punishable by 1 to 18 months in prison and fines up to $100,000.
Possible Penalties for Firearms and Weapons Offenses in Colorado
Offense
Class 5 Felony
Class 6 Felony
Class 1 Misdemeanor
Class 2 Misdemeanor
- 1-3 years in Colorado State Prison or Community Corrections followed by 2 years of mandatory parole; or
- Probation; and/or
- $1,000 – $100,000 fine;
- Restitution
- 1-18 months in Colorado State Prison or Community Corrections followed by 1 year of mandatory parole; or
- Probation; and/or
- $1,000 – $100,000 fine;
- Restitution
- Up to 364 days in jail; and/or $1,000 fine;
- Restitution
- Up to 120 days in jail; and/or
- $750 fine;
- Restitution
Offense
(Click Links Below To See Penalties)
Class 5 Felony
Class 6 Felony
Class 1 Misdemeanor
Class 2 Misdemeanor
- 1-3 years in Colorado State Prison or Community Corrections followed by 2 years of mandatory parole; or
- Probation; and/or
- $1,000 – $100,000 fine;
- Restitution
- 1-18 months in Colorado State Prison or Community Corrections followed by 1 year of mandatory parole; or
- Probation; and/or
- $1,000 – $100,000 fine;
- Restitution
- Up to 364 days in jail; and/or $1,000 fine;
- Restitution
- Up to 120 days in jail; and/or $750 fine;
- Restitution
What Are the Elements of Firearms and Weapons Offenses in Colorado?
(1) Possessing, carrying, or using a firearm or weapon.
(2) The specific circumstances of the offense, such as carrying a concealed weapon without a permit, possessing a defaced firearm, or being a previous offender in possession of a firearm.
(3) The intent or recklessness associated with the offense, such as aiming a firearm at another person or discharging a firearm recklessly.
Defenses to Firearms and Weapons Offenses in Colorado
General Denial
The accused will be acquitted if the prosecution cannot prove every element of the offense beyond a reasonable doubt.
Mistaken Identity
This defense attacks the element of who committed the alleged offense.
Alternate Suspect
This defense casts doubt on the identity element of the offense by suggesting another person committed the crime.
Duress
Under C.R.S. 18-1-708, a person may not be convicted if they engaged in the conduct due to the use or threatened use of unlawful force.
Entrapment
Under C.R.S. 18-1-709, the commission of acts which would otherwise constitute an offense is not criminal if the defendant was induced to do so by law enforcement.
Choice of Evils
Under C.R.S. 18-1-702, conduct which would otherwise constitute an offense is justifiable when necessary to avoid imminent public or private injury.
Self-Defense
If the accused used a firearm or weapon in self-defense, this can be a valid defense under Colorado law.
Statute of Limitations for Firearms and Weapons Offenses in Colorado
- Felony firearms and weapons charges must be filed within 3 years. C.R.S. 16-5-401(1)(a.5)
- Misdemeanor firearms and weapons charges must be filed within 18 months. C.R.S. 16-5-401(1)(a.5)
Contact The Attorneys at Rights & Liberties Law Firm to Fight for You Today
If you’ve been charged with a firearm or weapons related offense contact the attorneys at Rights & Liberties Law Firm to vindicate your rights and protect your liberties. If you’re facing criminal charges or fear you may be charged time is of the essence. Start Your Free Criminal Defense Case Quote. By retaining Rights & Liberties Law Firm you can rest assured that:
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