Fort Collins Defense Attorney for Juvenile Unlawfully Carrying a Weapon on School Grounds

A teen was arrested after it was reported they had a gun in their backpack. Read more about Unlawfully Carrying a Weapon on School Grounds.

In Fort Collins and Larimer County, it is a crime to bring a deadly weapon onto school grounds unless you have the legal authority to do so. This crime is called Unlawfully Carrying a Weapon on School Grounds and is a weapon charge that a juvenile was recently charged with in Colorado Springs. According to the report, a student at a high school reported to staff that another student may have a gun in their bag. No one reported seeing the gun and no threats were made, so it must have been just word of mouth. The student in question was located and the gun was found in his bag. The student was subsequently arrested and charged with the weapon crime.

Larimer County Unlawfully Carrying a Weapon on School Grounds: Definition of Unlawful Possession of Weapons on School Grounds in Colorado

The Larimer County, Colorado law definition of Unlawfully Carrying a Weapon / Unlawful Possession of Weapons on School Grounds – C.R.S. 18-12-105.5 – is:

A person commits a class 6 felony if such person knowingly and unlawfully and without legal authority carries, brings, or has in such person’s possession a deadly weapon as defined in section 18-1-901 (3)(e) in or on the real estate and all improvements erected thereon of any public or private elementary, middle, junior high, high, or vocational school or any public or private college, university, or seminary, except for the purpose of presenting an authorized public demonstration or exhibition pursuant to instruction in conjunction with an organized school or class, for the purpose of carrying out the necessary duties and functions of an employee of an educational institution that require the use of a deadly weapon, or for the purpose of participation in an authorized extracurricular activity or on an athletic team.

Under Colorado law, ‘Deadly weapon’ means:

(I) A firearm, whether loaded or unloaded; or

(II) A knife, bludgeon, or any other weapon, device, instrument, material, or substance, whether animate or inanimate, that, in the manner it is used or intended to be used, is capable of producing death or serious bodily injury.

We have seen juvenile cases where a student brings a weapon to school, not for any nefarious acts, but to show off a gun or other deadly weapon. While not well advised, they weren’t planning to be the next school shooter. But, it’s understandably scary for a school to get a report that a student has a gun in their backpack and that the response is one that ends up with an arrest when the report is substantiated.

Sentence for Unlawful Possession of Weapons on School Grounds in Loveland and Estes Park

Unlawful Possession of Weapons on School Grounds or Unlawfully Carrying a Weapon on School Grounds is a class 6 felony crime. Now, if this crime is committed by an adult, it could carry the potential sentence of imprisonment in the Colorado Department of Corrections (prison). When it is a juvenile that is facing this crime, there is the potential for a sentence to Department of Youth Corrections (DYC), but often a more restorative and less punitive sentence is a possible outcome.


If you, or someone you love, has been charged with Unlawfully Carrying a Weapon on School Grounds, be smart, exercise your right to remain silent, and contact the best juvenile criminal defense attorneys from the O’Malley Law Office at 970-658-0007 to schedule a free initial consultation. Together, we can protect your future.

Photo by Mikhail Nilov