Across the nation, there are strict laws prohibiting convicted felons from possessing firearms until their civil rights are restored, and in some states a felon is banned from firearms for life. In Colorado, felon in possession of a firearm is covered under C.R.S. 18-12-108 and it is referred to as “possession of weapons by previous offenders.”
Under Sec. 18-12-108(1), it reads: “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.”
Felon in Possession is a Felony
Depending on the facts of the case, a violation of Sec. 18-12-108 is classified as a Class 4, Class 5, or Class 6 felony offense. For example, it is a Class 5 felony if the offender was previously convicted of burglary, arson, or any felony that involved force or a deadly weapon during the commission of the crime.
- A Class 4 felony is punishable by 2 to 6 years in prison.
- A Class 5 felony is punishable by 1 to 3 years in prison.
- A Class 6 felony is punishable by 12 to 18 months behind bars.
To learn more about felony sentencing in Colorado, click here.
If you were convicted of a felony, I do not recommend controlling, possessing, or attempting to purchase a firearm without first speaking with a criminal attorney about the gun laws in Colorado. If you are facing criminal charges under Sec. 18-12-108, I urge you to contact my Denver criminal defense firm for a free consultation.