Weapon Crimes

The State of Colorado has long, complex statutes related to the possession, sale, and discharge of weapons including pistols, rifles, shotguns, and other firearms. If you don’t know Colorado gun laws and yet you find yourself on the receiving end of a weapons offense charge, you need an attorney immediately. A simple mistake or being unaware of the law could land you with a criminal conviction and serious penalties including jail, hefty fines, and revocation of your firearms.

That is why we highly recommend you seek legal representation if you’ve been charged with a weapons or firearm crime. Having the power of a proven criminal defense attorney empowers you to leave the difficult discussions with a professional. They know what to say on your behalf and how to protect you from making potentially costly mistakes throughout the entire process. Don’t wait another moment to protect your rights and future; hire an attorney today.

Firearm Denver Defense Lawyer, CO

We know how frustrating it can be to be faced with the daunting task of navigating the courts, filing motions, and taking the right actions to ensure an optimal outcome in a weapons offense case. For these reasons, we suggest you consult Denvers Defense Attorney. The Law Office of Matthew A. Martin, PC has first-hand experience guiding defendants in gun charge cases, representing them in court, and upholding their rights to bear arms throughout the criminal justice system.

Call 303.725.0017 to schedule your first consultation with defense attorney Martin today. He can develop a defense strategy for you by meticulously studying of your case and how they comport with similar cases here in Colorado. Denvers Defense Attorney has offices in Denver, but accepts clients in nearby counties including Arapahoe County, Adams County, Jefferson County, Douglas County, Boulder County, and Broomfield County

Overview of Weapon and Firearm Crimes in Denver, Colorado

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Types of Firearm and Weapon Crimes in Colorado

Colorado has numerous laws regulating the possession, carrying, purchase, and use of firearms and other dangerous weapons. Depending on the circumstances, a weapons offense may be charged as a misdemeanor or felony and can carry serious consequences, including imprisonment, substantial fines, and the loss of firearm rights. Some of the most commonly prosecuted weapon and firearm offenses in Colorado include:

Carrying a Concealed Weapon – Colorado law generally allows individuals to carry concealed handguns only if they comply with applicable state laws and licensing requirements. A person may face criminal charges for unlawfully carrying a concealed firearm or other prohibited weapon without legal authorization. Depending on the circumstances, a conviction may result in fines, probation, jail time, and restrictions on future firearm ownership.

Possession of a Weapon by a Previous Offender – It is generally illegal for individuals convicted of certain felony offenses to possess firearms or other specified weapons. Prosecutors must prove that the defendant knowingly possessed the weapon while being legally prohibited from doing so. Because this offense is typically charged as a felony, a conviction can carry lengthy prison sentences and permanent firearm restrictions.

Prohibited Use of a Firearm – Colorado prohibits using a firearm in certain unlawful or dangerous ways, including recklessly discharging a firearm or using a firearm while committing certain criminal offenses. These charges often arise when prosecutors believe the weapon was used in a manner that endangered others or violated state law. Depending on the facts, prohibited use charges may accompany assault, menacing, or other violent crime allegations.

Unlawful Purchase of a Firearm – A person may be charged with unlawfully purchasing a firearm by providing false information during a firearm transaction or purchasing a firearm while legally prohibited from possessing one. These cases frequently involve allegations of false statements on background check forms or attempts to circumvent Colorado’s firearm purchasing laws. Convictions may result in both state and federal criminal penalties.

Prohibited Firearms – Certain firearms and firearm accessories are heavily regulated or prohibited under Colorado and federal law. Charges may involve unlawfully possessing prohibited weapons, unlawfully modified firearms, or devices that violate state or federal regulations. The specific penalties depend on the type of weapon involved and the circumstances of the alleged offense.

Open Carry Violations – Although Colorado generally permits the open carry of firearms in many locations, numerous exceptions apply. Certain cities, counties, government buildings, schools, and other restricted areas prohibit or limit open carry. Violating these restrictions may result in criminal charges, particularly when a firearm is carried into a location where possession is prohibited by law.

Defacing a Firearm – Defacing a firearm generally involves knowingly altering, removing, or destroying a firearm’s serial number or other identifying markings. Because serial numbers are used to trace firearms during criminal investigations, these offenses are prosecuted aggressively. A conviction may result in felony penalties and additional charges if the firearm was connected to another criminal offense.

Possession of a Dangerous or Illegal Weapon – Colorado prohibits the possession of certain dangerous or illegal weapons, including specific explosives, short shotguns, short rifles, ballistic knives, and other prohibited devices identified by state law. Whether a weapon is considered illegal often depends on its design, intended use, and applicable statutory exceptions. Convictions may carry significant criminal penalties depending on the type of weapon involved.

Juvenile Possession of a Firearm – Colorado law places additional restrictions on firearm possession by individuals under the age of 18. Juveniles found unlawfully possessing firearms may face delinquency proceedings, detention, probation, community service, firearm safety programs, and other court-ordered consequences. In some situations, parents or guardians may also face legal consequences depending on the circumstances surrounding the juvenile’s access to the firearm.

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Other Common Firearm and Weapons Crimes in Colorado

Possession of a pistol at the airport/Violation of airport rule/regs.

Menacing

  • Were you involved in a road-rage situation where you used your firearm to defend yourself and now you are charged with a serious felony, facing a prison sentence, and loss of your right to ever possess a firearm?
  • Don’t make the mistake of defending yourself against felony charges.
  • Menacing is a class 5 felony and if convicted, you are not eligible to ever possess a firearm.

Possession of a stolen firearm.

  • Even though Colorado prohibits the licensing and registration of firearms, it is a crime to possess a firearm that has been reported as stolen.

For some people, carrying a firearm at all is prohibited, including:

  • Minors under the age of 18 cannot possess a pistol (except under certain circumstances set forth in 18-12-108.5 of the Colorado Revised Statutes);
  • People bound by a state-issued protective order prohibiting weapon possession; or
  • Visitors from other states that do not fall into the category of gun law reciprocity with Colorado.

Those facing a weapons offense of this type are at risk of being convicted of a Class 2 misdemeanor which can include up to 12 months of jail time and fines of up to $1,000 (not including legal and court fees).

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Weapon Crime Enhancements in Colorado

Colorado treats many firearm and weapon offenses more severely when a weapon is involved in the commission of another crime. In many situations, the presence, display, or use of a firearm or other deadly weapon does more than create a separate weapons charge, it can also increase the severity of the underlying criminal offense. Because of these enhancement laws, a defendant may face substantially greater penalties than they would have if no weapon had been involved.

For example, a crime that might otherwise be charged as a lower level felony can become a much more serious offense simply because prosecutors allege that the defendant possessed or used a deadly weapon during the incident. A burglary may be elevated to first-degree burglary if the defendant or another participant is armed with a deadly weapon during the offense. Likewise, an assault that causes injury while involving a deadly weapon may be prosecuted as second-degree assault, carrying significantly harsher penalties than a simple assault charge.

Weapon enhancements are not limited to violent crimes. Firearms are frequently used by prosecutors to increase the seriousness of offenses involving robbery, burglary, drug trafficking, kidnapping, menacing, domestic violence, and other felony offenses. In many cases, prosecutors may file both the underlying criminal charge and one or more separate weapon-related offenses arising out of the same incident. This can expose a defendant to multiple felony convictions and substantially increase the potential prison sentence if convicted.

Colorado also has sentencing provisions that require courts to treat crimes of violence involving deadly weapons more harshly than offenses where no weapon was used. Depending on the facts of the case, a defendant may face mandatory prison sentences, longer periods of incarceration, reduced eligibility for probation, and other enhanced penalties that would not otherwise apply. Even if the firearm was never discharged, simply displaying, threatening to use, or possessing a weapon during the commission of certain crimes may be enough to trigger enhanced charges.

Because weapon enhancements can dramatically increase the penalties in a criminal case, it is critical to carefully examine the prosecution’s allegations. Prosecutors must still prove that the defendant possessed, displayed, or used the weapon in the manner required by Colorado law. An experienced criminal defense attorney can challenge whether the alleged weapon qualifies under the applicable statute, dispute whether the enhancement legally applies, and work to have enhanced charges reduced or dismissed whenever the evidence does not support them.

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What Factors Can Increase the Penalties for a Weapon Crime in Colorado?

Not all weapon offenses are punished equally under Colorado law. While the specific charge determines the base penalties, certain aggravating factors can significantly increase the seriousness of a case. Prosecutors often seek enhanced charges or harsher sentences when a weapon offense involves violence, prohibited individuals, or other dangerous circumstances. Some of the most common factors that can increase the penalties for a weapon crime include:

Use of a Firearm During Another Crime – Possessing or using a firearm while committing another criminal offense can substantially increase the penalties a defendant faces. Weapon-related allegations frequently accompany crimes such as robbery, burglary, assault, drug trafficking, and domestic violence, potentially exposing a defendant to additional felony charges and longer prison sentences.

Prior Felony Convictions – Individuals with certain prior felony convictions are generally prohibited from possessing firearms under Colorado law. If a prohibited person is found in possession of a firearm, prosecutors may pursue felony charges that carry significantly harsher penalties than those imposed on individuals who are legally allowed to possess firearms.

Possessing a Weapon on School Property – Bringing a firearm or other prohibited weapon onto school grounds or into certain school facilities is treated very seriously under Colorado law. These cases often involve additional criminal charges beyond simple possession and may also lead to school disciplinary action, expulsion, or juvenile court proceedings.

Use of a Deadly Weapon During a Violent Crime – Allegations that a deadly weapon was used, displayed, or threatened during the commission of a violent offense can dramatically increase the severity of criminal charges. In many cases, prosecutors may seek sentencing enhancements or file separate violent crime allegations that expose the defendant to substantially longer prison terms.

Possession of a Prohibited Weapon – Certain weapons are illegal to possess regardless of whether they are actually used in a crime. Possessing prohibited weapons, such as unlawful explosive devices or other weapons specifically banned under Colorado law, may result in felony charges even if no one was injured.

Defacing or Altering a Firearm – Removing, altering, or destroying a firearm’s serial number is considered a serious offense because it interferes with law enforcement’s ability to trace the weapon. If a firearm with an altered serial number is connected to another criminal investigation, prosecutors may pursue multiple criminal charges arising from the same incident.

Possession While Subject to a Protective Order – Federal and state laws restrict firearm possession by many individuals who are subject to qualifying domestic violence protective orders. Violating these restrictions may result in additional criminal charges, seizure of firearms, and both state and federal prosecution.

Use of a Weapon to Threaten Another Person – Even if a firearm is never discharged, displaying or pointing a weapon in a threatening manner can significantly increase the seriousness of a criminal case. Depending on the circumstances, prosecutors may file additional charges such as felony menacing, assault, or other violent offenses.

Connection to Drug Crimes or Organized Criminal Activity – Weapon offenses that occur alongside drug trafficking, drug manufacturing, gang activity, or organized criminal enterprises are often prosecuted more aggressively. The presence of firearms during these offenses may trigger additional charges, sentencing enhancements, or special offender allegations that substantially increase the potential penalties.

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Prohibited Use of a Weapon in Colorado

In Colorado, there are some things you simply cannot do with a firearm. These actions are considered class 2 misdemeanors and they carry with them up to 12 months of jail and a fine of up to $1,000. In our state, it is illegal to:

  • Possess a firearm while under the influence of alcohol or drugs
  • Point or aim a firearm at another person
  • Discharge a firearm in a reckless manner
  • Set traps involving the discharge of firearms
  • Deface a Firearm

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How a Firearm Conviction Can Affect Your Right to Own a Gun in Colorado

A conviction for a firearm or weapons offense can have consequences that extend far beyond fines or jail time. In many cases, a conviction may result in the temporary or permanent loss of your ability to legally own, possess, purchase, or carry firearms. Both Colorado law and federal law impose restrictions on firearm rights, and understanding how the two systems interact is important for anyone facing a weapon-related charge.

One of the most significant consequences involves felony convictions. Under both Colorado and federal law, individuals convicted of most felony offenses are generally prohibited from possessing or purchasing firearms. This restriction often applies even if the underlying felony was not itself a violent crime or a firearm offense. Possessing a firearm after becoming a prohibited person can lead to additional felony charges and significant prison time.

Certain misdemeanor convictions may also affect firearm rights. For example, federal law generally prohibits individuals convicted of qualifying misdemeanor crimes of domestic violence from possessing firearms or ammunition. Likewise, individuals who become subject to certain domestic violence protection orders may be required to surrender their firearms for as long as the order remains in effect.

A firearm conviction can also affect a person’s ability to obtain or maintain a Colorado Concealed Handgun Permit (CHP). Depending on the nature of the conviction, an application for a concealed carry permit may be denied, or an existing permit may be suspended or revoked. Even if a person remains legally eligible to possess a firearm, certain criminal convictions may still prevent them from lawfully carrying a concealed handgun.

In addition to criminal convictions, a person may temporarily lose firearm rights while criminal charges are pending in certain situations. Courts may order the surrender of firearms as a condition of bond, probation, or a protection order. Failing to comply with these court orders can result in additional criminal charges or violations of release conditions.

It is also important to remember that Colorado and federal firearm laws are not always identical. A person may believe they are legally allowed to possess a firearm under state law while still being prohibited under federal law. Because violating federal firearm restrictions can result in serious federal felony charges, anyone facing a weapons offense should carefully evaluate both state and federal consequences before attempting to purchase or possess a firearm.

The loss of firearm rights can affect far more than recreational gun ownership. Many individuals rely on firearms for hunting, competitive shooting, personal protection, military service, or employment in law enforcement and the security industry. A firearm conviction may jeopardize these opportunities for years to come.

Because firearm rights can be permanently affected by a criminal conviction, it is important to seek legal representation as early as possible. An experienced Colorado criminal defense attorney can evaluate the charges, explain the potential impact on your firearm rights, negotiate for reduced charges when appropriate, and work to minimize the long-term consequences of a weapons conviction.

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Can Firearm Crime Records Be Sealed in Colorado?

A conviction for a firearm or weapons offense can have long-lasting consequences beyond the sentence imposed by the court. Criminal records are often accessible during background checks conducted by employers, landlords, licensing boards, and educational institutions. Because many weapon offenses involve allegations of violence or public safety concerns, a firearm conviction can make it significantly more difficult to obtain employment, secure housing, or pursue certain careers. Whether a firearm-related record can be sealed depends on the specific offense, the outcome of the case, and Colorado’s record sealing laws.

Colorado generally allows some criminal records to be sealed, but not every firearm offense qualifies. Cases that are dismissed, result in an acquittal, or end in certain diversion or deferred judgment programs may become eligible for sealing much sooner than convictions. In many of these situations, a person may petition the court to remove the record from public view once the applicable legal requirements have been satisfied.

Convictions for firearm offenses are treated differently. Eligibility depends on the classification of the offense, whether it is a misdemeanor or felony, and whether the crime is specifically excluded from Colorado’s record sealing statutes. Certain lower-level misdemeanor weapon convictions may eventually qualify for record sealing after the required waiting period has passed. However, many felony weapon offenses, particularly those involving violence, crimes of violence, or the unlawful use of a firearm during another felony, may not be eligible for sealing at all.

Colorado generally uses the process of record sealing, not expungement, for adult criminal cases. When a record is sealed, it is removed from public background searches, meaning most private employers, landlords, and members of the public can no longer view the case. However, the record is not destroyed. Courts, law enforcement agencies, prosecutors, and certain government entities may still access sealed records in situations authorized by law.

It is also important to understand that sealing a criminal record does not automatically restore firearm rights. Even if a qualifying weapon conviction is sealed, state or federal firearm prohibitions may still remain in effect depending on the nature of the offense. Individuals who have lost their firearm rights because of a felony conviction, certain domestic violence offenses, or other disqualifying events should not assume they may legally possess a firearm simply because their record has been sealed.

Because Colorado’s record sealing laws contain numerous exceptions, determining eligibility can be complicated. An experienced Colorado criminal defense attorney can review your criminal history, determine whether your firearm-related offense qualifies for record sealing, explain any waiting periods that apply, and prepare the necessary court filings. If your conviction is not eligible for sealing, an attorney can also advise you regarding any other legal options that may be available to reduce the long-term consequences of a firearm conviction.

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Firearm Trafficking or “Straw Purchasing”

When firearms are bought and sold in the state of Colorado, there are certain documentation requirements that must be met. One of these requirements is for unlicensed sellers (read: private parties) to obtain a background check on anyone they sell a firearm to. Not doing so is a direct violation of Colorado state law.

Also, knowingly selling or transferring a firearm to someone who cannot legally possess it is also sharply illegal. Moreover, it’s prohibited to make false claims or statements (including using a false identity) during private party transactions involving firearms.

Keep in mind that just because you might be facing criminal charges involving weapons, this doesn’t mean you’re 100% guaranteed to be convicted of these charges. A lot of circumstantial factors can play into the final result of a weapons offense case, and with the help of a knowledgeable criminal defense attorney like Matt Martin, case dismissals and charge reductions can make for a much more attractive outcome for the defendant.

This is why it’s critically important to retain legal counsel for your case as soon as possible. Not doing so could run the risk of your case being tried under the full force of Colorado law, a scenario that could land you in jail for months or years. This could also make you responsible for paying potentially tens of thousands of dollars in fines (not to mention having to live with a stained criminal history).

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The Difference between Legal Counsel and Legal Representation

Attorneys who represent clients facing weapons offense charges provide two key services: counsel and representation. It’s important to know the difference between these.

Legal counsel can be construed as legal advice. When you receive legal counsel from an attorney, you are told what actions, discussions, or motions are advisable for you to engage in.

Almost as important are the actions, discussions, or motions that are not advisable for you to engage in. Often, obtaining legal counsel in a weapons offense case can make the difference between a smooth, optimal case outcome and a catastrophic one.

Legal representation is what your attorney does on your behalf during interactions with the Colorado court system. This can include making arguments during a trial, filing motions, and making appeals in your case.

While you could do all of these things on your own (it’s completely permissible to represent yourself in a weapons offense case), unless you’re a competent criminal defense attorney, chances are you are not going to be successful.

The Law Office of Matt Martin has extensive experience providing both legal counsel and representation for those facing weapons offense charges. Our law firm takes the time to fully understand the details of your case so we can develop a strong, compelling defense if and when the time comes to go to trial.

Often, a trial isn’t even necessary. Many weapons offense cases can be dismissed outright due to technicalities or missteps by the Colorado court system. Only an established criminal defense expert like Matt Martin knows exactly how to identify these missteps and use them to the advantage of the client.

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Steps to Take When You’re Being Charged with a Weapons Offense

If you are being investigated or charged with a gun crime, there are some steps you can take to help protect yourself including:

  • Do not discuss the details of your case with anyone except your attorney. As they say, “loose lips sink ships”
  • Do not agree to any “deals” offered to you by the prosecuting attorney or the DA. Often, these deals are shrouded in implied commitments that may not be necessary for you to comply with.
  • Start building a war chest for your legal defense. Depending on the complexity and severity of your case, your experience as a defendant in the Colorado court system could be a lengthy and expensive one. Court fees, legal fees, and other expenses add up, and it’s best to be prepared with as much capital as you can bring to the table.
  • Stay positive. It’s common for those facing gun charges to become overwhelmed by their situation. This is completely understandable, as there is a lot at stake here. However, maintaining a positive attitude and staying grounded is incredibly important during this difficult time.

The final step you absolutely must take as you prepare to proceed on this journey is to hire an attorney. The legal team at the Law Office of Matt Martin, PC is standing by right now to discuss the details of your case.

Contact us today to schedule a case review. Call 303.725.0017.

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Frequently Asked Questions

What types of weapon offenses are prohibited under Colorado law?

Colorado law criminalizes a wide variety of weapon-related offenses, including unlawful possession of a firearm by a prohibited person, carrying a concealed weapon without legal authorization, prohibited use of a weapon, unlawful purchase of a firearm, possession of prohibited weapons, defacing a firearm, and juvenile firearm offenses. Depending on the facts of the case, these crimes may be charged as misdemeanors or felonies.

Can I be charged with a weapon offense if I never fired the gun?

Yes. Many firearm crimes do not require that a weapon be discharged. Simply unlawfully possessing a firearm, carrying a prohibited weapon, displaying a weapon in a threatening manner, or possessing a firearm while committing another offense may be enough to support criminal charges under Colorado law.

Is open carry legal in Colorado?

In many parts of Colorado, open carry is generally legal for individuals who may lawfully possess firearms. However, several cities, counties, government buildings, schools, and other locations prohibit or restrict the open carrying of firearms. Violating these restrictions can result in criminal charges depending on where the firearm was carried.

Do I need a permit to carry a concealed handgun in Colorado?

Colorado generally requires individuals to obtain a valid Concealed Handgun Permit (CHP) before carrying a concealed handgun in most public places. Carrying a concealed firearm without meeting the legal requirements may result in criminal charges. Certain exceptions may apply under Colorado law, depending on the circumstances.

Can I own a firearm after being convicted of a felony?

In most cases, no. Both Colorado law and federal law generally prohibit individuals convicted of felony offenses from possessing or purchasing firearms. Violating these restrictions may result in additional felony charges carrying significant prison time.

Can a misdemeanor conviction affect my firearm rights?

Yes. Certain misdemeanor convictions, particularly qualifying domestic violence offenses, may result in the loss of firearm rights under federal law. In addition, individuals who become subject to certain domestic violence protection orders may be required to surrender their firearms while the order remains in effect.

What happens if a firearm is used during another crime?

Using, displaying, or possessing a firearm during the commission of another criminal offense can significantly increase the potential penalties. Depending on the circumstances, prosecutors may seek enhanced charges, crimes of violence sentencing, or additional weapon-related offenses that substantially increase the possible prison sentence.

What is considered a prohibited weapon in Colorado?

Colorado law restricts the possession of certain weapons that are specifically prohibited by statute. Depending on the circumstances, prohibited weapons may include certain explosive devices, short shotguns, short rifles, ballistic knives, and other weapons identified under Colorado law. Whether a particular weapon is illegal often depends on its characteristics and any applicable legal exceptions.

Can a juvenile be charged with a firearm offense?

Yes. Colorado has separate laws regulating firearm possession by minors, and juveniles may face delinquency proceedings for unlawfully possessing or using firearms. Depending on the offense, the juvenile may be ordered to complete probation, counseling, community service, detention, or other court-ordered programs.

Can firearm charges be dismissed or reduced?

Yes. Every case depends on its unique facts and the strength of the prosecution’s evidence. A defense attorney may challenge whether the defendant knowingly possessed the weapon, whether the search or seizure was lawful, whether the firearm qualifies under the applicable statute, or whether prosecutors can prove every element of the alleged offense. In some cases, charges may be reduced, dismissed, or resolved through a favorable plea agreement.

Can a firearm conviction be sealed in Colorado?

Some firearm-related criminal records may eventually qualify for record sealing, while others do not. Eligibility depends on factors such as whether the case resulted in a conviction, the classification of the offense, whether it involved violence, and Colorado’s record sealing laws. Because many felony weapon offenses are excluded from sealing, it is important to have an attorney review your eligibility before filing a petition.

Should I speak to the police if I am being investigated for a weapon offense?

It is generally advisable to exercise your constitutional right to remain silent and speak with an attorney before answering questions from law enforcement. Statements made during an investigation can later be used by prosecutors in court, even if you believe you are simply explaining your side of the story. Consulting an experienced Colorado weapons defense attorney as early as possible can help protect your rights and avoid unnecessary mistakes during the investigation.

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Additional Resources

Colorado Gun Laws | CSP – Visit the official website for the Colorado State Patrol to learn more about the state’s laws pertaining to firearms. Access the site to learn the laws concerning firearms in a national park, how to obtain a conceal carry permit, and how to register your weapon in the state of Colorado.

Firearm and Weapon Offenses | CRS – Visit the official website for the Colorado Revised Statutes (CRS) to learn more about their laws for weapons and firearm crimes. Access the stie to learn the penalties for unlawfully carrying a concealed weapon, unlawful discharge, possession of a defaced firearm, and other various crimes.

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Weapon and Firearm Defense | Denver Attorney in Colorado

Have you been accused of a weapons or firearm related crime? If so, it’s within your best interest to contact Denvers Defense Attorney. The reasons for this are multiple, and without expert legal defense, you could be setting yourself up for exorbitant fines, a tarnished criminal record, and even jail time. Matthew Martin can apply his 30 years of trial experience to your case so you can avoid these penalties and hopefully move on from this period in your life.

Schedule your first consultation with Denvers Defense Attorney by calling our offices today at 303.725.0017.

 

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