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Possession of a Weapon by a Previous Offender

When you’re convicted of a felony not only must you face the statutory penalties, but you’ll be obligated to give up any firearms or weapons you may own. In Colorado, if you’ve been convicted of a felony crime you can no longer carry a firearm. The same goes for convictions for attempted or conspiracy to commit a felony. The law extends as well to juveniles who have committed a crime that could constitute as a felony if they were an adult.

Violating these laws is not recommended as it could result in criminal charges. Even if no one was harmed, you could still face life-changing penalties. Possessing a weapon as a previous offender is a felony offense and could land you in prison again. That is why it’s imperative you act quickly if you’ve been charged. If you or someone you know has been arrested for possessing a weapon as a felon, it’s within your best interest to obtain lawful representation.

Illegal Possession of a Firearm | POWPO Defense Lawyer in Denver, Colorado

The State of Colorado has lengthy, complex statutes related to the possession of weapons including pistols, rifles, shotguns and other firearms. 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.

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. Call us now at (303) 725-0017 to set up your first consultation free of charge.

Law Office of Matthew A. Martin, P.C. has offices in Denver, but accepts clients in nearby counties including Arapahoe County, Douglas County, Boulder County, Broomfield County, Adams County, Jefferson County,

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What Constitutes as Possession of a Weapon by a Previous Offender in Colorado?

Colorado is similar to most states as it forces convicted felons to give up their right to bear arms upon conviction. These laws can be found under the Colorado Revised Statutes Section 18-12-108, which states a person is guilty of illegally possessing a firearm as a felon if:

“A person commits the crime of possession of a weapon by a previous offender if the person knowingly possesses, uses, or carries upon his or her person a firearm as described in section 18-1-901(3)(h) or any other weapon that is subject to the provisions of this article subsequent to the person’s conviction for a felony, or subsequent to the person’s conviction for attempt or conspiracy to commit a felony, under Colorado or any other state’s law or under federal law.”

Weapons that count under the Colorado POWPO statute include any type of firearm. The gun doesn’t even need to be capable of discharging a bullet. Even possessing a defunct gun that cannot fire is a violation of Colorado’s POWPO laws.

For purposes of the statute, the term “previously convicted” is when you’ve pleaded either “guilty” or “no contest.” You will not be able to possess firearms even if you pleaded and received a deferred judgement. The statute also extends to juveniles adjudicated for an act, which is committed by an adult, would have been classified as a felony.


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Penalties for Illegal Possession of a Firearm in Colorado

The state of Colorado isn’t forgiving to convicted felons in knowing possession of a firearm. The court will not hesitate to charge you with a class 6 felony, which is punishable by:

  • Up to 1 ½ years in prison
  • A fine of up to $100,000

The judge may enhance the crime to a class 5 felony if:

  • You were caught with a dangerous weapon such as firearm silencer or short shotgun
  • Your previous felony conviction was within 10 years of the crime and the initial felony charge was for one of the following:
    • Arson
    • Burglary
    • Any felony involving the use of force or a deadly weapon

The maximum sentence for a class 5 felony in Colorado includes:

  • Up to 3 years in prison
  • A fine of up to $100,000

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Additional Resources

Colorado POWPO Laws | Revised Statutes – Visit the official website for the Colorado Revised Statutes to read up on their laws regarding illegal possession of a firearm by a felon. Access the site to learn what the statute defines as a felon, which weapons are prohibited, and possible admissible defenses.

Gun Laws in Colorado – Visit the official website for the Colorado State Patrol to learn more about their laws pertaining to guns. Access the site to learn when you’re allowed to carry, if you can carry in a National Forest, how to transport firearms legally, and other information.


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Possession of a Firearm by a Previous Offender Lawyer in Denver, CO

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. Call (303) 725-0017 to set up your first consultation free of charge with Colorado gun defense lawyer Matthew Martin.


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