The Second Amendment gives you the right to bear arms. However, this right is not without restrictions. A conviction of a Colorado weapons charge can result in severe penalties and give you a criminal record that can make it difficult for you to secure employment, housing, and personal success. The criminal defense attorneys at The Harrell Law Firm, PLLC can help protect your rights. Contact our Loveland weapons charge attorney online or call (970) 791-2006 today for a confidential consultation.
Weapons allegations in Colorado can stem from a variety of situations, including unlawful firearm possession, carrying a concealed weapon without a valid permit, illegal discharge of a firearm, or possession of a weapon by a prior offender. Even if no one was harmed, these charges are taken seriously by prosecutors and can result in mandatory jail time, fines, and long-term consequences. Because these cases often involve questions about intent, constitutional rights, and law enforcement procedures, having a knowledgeable weapons charge lawyer on your side can make a meaningful difference in how your case moves forward.
What Are Weapons Charges in Colorado?
There are various weapons offenses in Colorado, including:
- Assault with a deadly weapon
- Unlawful purchase of a firearm
- Illegal discharge of a firearm
- Concealed weapons charges
- Possession of a firearm by a previous offender
In some cases, having a gun in your possession while another crime is committed can result in sentencing enhancements, such as drug charges, robbery, or assault.
Many weapons charges require mandatory prison time upon conviction, so it’s important to work with an experienced weapons charge lawyer who can fight to protect your rights.
Colorado Gun Laws
Colorado has a number of gun laws that people may find themselves in violation of, including:
Dangerous Weapons Law
Colorado prohibits anyone from earning certain types of weapons that are considered dangerous, including:
- Gas guns
- Blackjacks
- Brass knuckles
- Switchblade knives
If you are found in possession of one of these dangerous weapons, you can face serious charges.
Concealed Carry Law
Colorado does not permit people to carry a concealed weapon unless:
- They are in their home or place of business
- They are on property that is in their complete control
- They are driving in a vehicle registered to them
- They have a permit to carry a concealed weapon
There are additional restrictions on where a person can carry a gun, such as in public schools or government buildings.
Possession of a Firearm by a Prior Offender
If you have been convicted of a felony in any state, you can face charges if you knowingly use, possess, or carry a firearm, even if you are not committing a crime.
Firearms Possession Law
In addition to people who have been previously convicted of a felony, others are not allowed to possess a firearm in Colorado, including:
- Those who are on probation
- Those who were previously adjudicated as a juvenile for an offense in which they would have been charged with a felony if they had been an adult when they committed the crime
- Those who are subject to a court order restricting their gun possession rights, such as those who have a protective order against them
- Those who are subject to other provisions mandated by a court
You can face weapons charges if you fall into any of these categories and possess a firearm or you purchase a firearm for a person who falls into one of these categories.
Defenses to Weapons Charges in Colorado
Being charged with a weapons offense does not mean you are automatically guilty. Depending on the facts of your case, several defenses may be available, such as:
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Unlawful Search and Seizure: If the weapon was found during an illegal traffic stop, improper search, or without a valid warrant, the evidence may be thrown out.
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Lack of Knowing Possession: Prosecutors must prove you knowingly possessed the weapon. If you did not know the firearm was there or it belonged to someone else, this may be a valid defense.
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Self-Defense or Defense of Others: You may have been acting to protect yourself or someone else from immediate danger.
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No Criminal Intent: Some weapons charges require proof that you intended to use the weapon unlawfully. If no intent can be shown, the case may be weakened.
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Constitutional Rights Violations: If law enforcement failed to follow proper procedures, violated your rights, or did not read your Miranda rights, the case may be challenged.
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Errors in Police Procedure or Evidence Handling: Mistakes in reports, mishandling evidence, or procedural errors can impact the prosecution’s case.
A Colorado weapons charge lawyer can evaluate the details of your case and determine which defenses may apply.
Speak With a Colorado Weapons Charges Lawyer Today
Weapons charges can lead to jail time, steep fines, and a lasting criminal record. If you have previous convictions, the penalties may be even harsher. You do not have to go through this alone. A Colorado weapons charge lawyer can review your case, develop a defense strategy, and work to lessen the charges or penalties you are facing.
The Harrell Law Firm, PLLC, defends individuals accused of gun and weapons offenses in Colorado. Contact us online or call (970) 791-2006 today to discuss your case in a confidential consultation.
Frequently Asked Questions
What happens if I’m charged with illegal firearm possession in Colorado?
You may face misdemeanor or felony charges depending on the circumstances. Penalties can include jail time, fines, probation, and loss of firearm rights. The severity often depends on your criminal record, the type of weapon involved, and whether another crime occurred.
Can a felon legally own or possess a firearm in Colorado?
No. Colorado law prohibits anyone with a prior felony conviction from possessing, using, or carrying a firearm. This is known as “POWPO” (possession of a weapon by a previous offender). A violation can result in additional felony charges and mandatory prison time.
Can weapons charges be dismissed or reduced?
Yes, in some cases. Charges may be reduced or dismissed if there is insufficient evidence, unlawful search and seizure, lack of knowing possession, or constitutional rights violations. An attorney can review your case and determine which defenses may apply.
Do I need a permit to carry a concealed weapon in Colorado?
Yes. Colorado requires a valid concealed carry permit unless you are in your own home, place of business, or inside a private vehicle. Carrying a concealed firearm without a permit can result in criminal charges.
What should I do after being arrested for a weapons charge?
Stay calm and avoid making statements to law enforcement. Request to speak with a lawyer as soon as possible. An attorney can help protect your rights, communicate with prosecutors, and begin preparing your defense.