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Possession of Weapons by Previous Offenders

Possession of Weapons by Previous Offenders

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.

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