In Fort Collins and Larimer County, Possession of Weapon by Previous Offender is charged when a person who has been convicted of a felony crime is found in possession of a firearm or other weapon. Generally, we see this charge as an additional charge. What do I mean by that? Well, usually what happens is that a person is contacted by law enforcement for another reason, whether it be a traffic matter or something more serious, and the person is found to be in possession of a weapon, so the felony charge is added to whatever they were already going to be charged with. For example, a person could be pulled over for speeding. Officers see a firearm in the car and when they run the person’s record, they see they have a felony conviction and the person is not just ticketed for speeding, but also charged with a new felony. Or, in another example, a person is over at a friend’s house and is helping clean a gun. The gun accidentally discharges and they call the police to report it, to make sure that no one was injured (thinking they are doing the right thing). When officers arrive, they realize the person helping his friend has a record and is not only charged with Illegal Discharge of a Firearm, but also Possession of Weapon by a Previous Offender. We often see these charges arise from situations where the firearm was not even a part of the ‘crime’ that is being investigated.
Larimer County Possession of Weapon by Previous Offenders: Colorado Law Definition
The Larimer County, Colorado law definition of Possession of Weapons by Previous Offenders – C.R.S. 18-12-108 – is:
According to the statute, firearm means:
Sentence for Possession of a Weapon by a Previous Offender in Loveland and Estes Park
In Fort Collins, Loveland, and Estes Park, Possession of Weapon by Previous Offender is a class 6 felony, unless one of the following applies:
- Class 5 felony if the person possesses a dangerous weapon; or
- Class 5 felony if the person was previously convicted of Burglary, Arson, or another felony involving the use of a deadly weapon, within ten years of the conviction date or release from confinement.