What is the Possession of a Weapon by a Previous Offender Statute in Larimer County?
Colorado law defines Possession of Weapons by Previous Offenders – C.R.S. 18-12-108 – as:
This means in Larimer, Boulder and Grand County, if a person has a felony on their criminal record, or was convicted of Attempt or Conspiracy to commit a felony, their right to bear arms has been taken from them. Once convicted of a felony, it becomes illegal to have, use, or carry a weapon.
Who is Prohibited from Possessing a Weapon Like a Gun or Other Firearm?
By federal law, a person is prohibited from possessing a weapon if they:
- Have been convicted of a crime punishable by serving more than one year in prison or jail (this includes felonies and some misdemeanors)
- Have been convicted of a misdemeanor domestic violence offense
Colorado has added restrictions and made it illegal for a person to possess a weapon if they:
- Have previously been convicted of a felony
- Have previously been adjudicated as a juvenile for an offense that would have been a felony if committed by an adult
- Are on probation or are subject to a specific court order restricting possession
What is the Sentence for Possession of a Weapon by a Previous Offender?
For most cases, a Possession of Weapons by Previous Offender charge is a class 6 felony. There are certain circumstances, though, where this charge is elevated to a class 5 felony. In particular, it is more serious if the previous offender:
- Is in possession of a dangerous weapon
- Was convicted of Burglary, Arson, or any felony involving the use of force or the use of a deadly weapon
If it is a second or subsequent conviction of Possession of Weapons by Previous Offenders, it is a class 4 felony. Dangerous weapon is defined as “firearm silencer, machine gun, short shotgun, short rifle, or ballistic knife.”
Why You Need a Lawyer for Your Possession of a Weapon by a Previous Offender Charge
There are valid defenses for this charge.
There are valid defenses for this charge. By definition, the previous offender must knowingly use, possess, or carry a weapon. We have seen cases where, a roommate or friend had the weapon, and the previous offender gets charged because the weapon was in the same house or vehicle. If the previous offender was unaware of the weapon’s presence, then they did not ‘knowingly’ have any contact or possession with the weapon. The experienced attorneys at the O’Malley Law Office will carefully look over all the evidence and work with you to come up with the best defense strategy.