The government is pushing Constitutional boundaries constantly, especially when it comes to gun rights. Because of this struggle for power, the laws regarding the use and possession of dangerous and illegal weapons in Colorado is constantly changing. It's not difficult to be in possession of a weapon the government defines as “dangerous or illegal.” If you have been charged, it is important to contact an experienced weapons crimes attorney who is able to clearly define the laws and statutes. Our lawyers can present a winning defense on your behalf. The attorneys at O'Malley and Sawyer are skilled at what they do best: defending our clients. Our results page speaks for itself. If you have been charged with Possessing a Dangerous or Illegal Weapon in Denver, Arapahoe, or Jefferson County, contact us today for a free consultation. Our involvement in a case can make the difference between sentencing and probation.
Understanding Weapons Charges in Colorado
Dangerous Weapons List:
- Firearm Silencer
- Machine Gun
- Short Shotgun (shorter than 18 inches)
- Short Rifle (shorter than 16 inches)
- Ballistic Knife
- Modified Weapons
What is the Sentence for Possession of a Dangerous Weapon?
If you have been caught in possession of a weapon the government in Douglas, Adams, or El Paso County considers to be “dangerous,” you will likely be charged with a class 5 felony. For subsequent offenses, you will likely face a class 4 felony.
- Class 5 Felony
- Possible sentence of 1-3 years in the Colorado Department of Corrections
Second and Later Offenses:
- Class 4 Felony
- Possible sentence of 2-8 years in the Colorado Department of Corrections
Illegal Weapons List:
- Gas Gun
- Metallic Knuckles
- Gravity Knife
- Switchblade Knife
What is the Sentence for Possessing an Illegal Weapon?
If you have been caught in possession of a weapon the government in Boulder, Gilpin, or Summit County considers to be “illegal,” you will be charged with a class 1 misdemeanor in the State of Colorado.
- Class 1 Misdemeanor
- Possible sentence of up to 18 months in a County Jail.
Facing a Weapons Charge? Why You Need a Defense Attorney
Most people do not know that they are in possession of either an illegal or dangerous weapon until they are charged with the crime. Don't let this happen to you. Be aware of the weapons legal in the state of Colorado. Having this conviction on your record can alter your future when it comes to jobs, financial assistance, firearm possession, or a place to live. While these charges can result in a possible prison or jail sentence, the early involvement of one of our excellent criminal defense attorneys often means our clients do not spend any time in jail or prison at all, and instead receive only probation. Also, there is an affirmative defense to this criminal charge. If you are a police officer, a member of the Armed Forces or the National Guard and you were acting under the color of duty, we can utilize this affirmative defense for you in court. You also can use it if you have a valid permit and license to possess a dangerous or illegal weapon. The expert lawyers at O'Malley and Sawyer have 40 years of combined experience and have a thorough understanding of firearm laws. Put our experience to use and let us aggressively fight to protect your Constitutional gun laws.
Most people don't know they are in possession of an illegal or dangerous weapon until they are charged with this crime. Contact a lawyer immediately if you've been charged.
Colorado Possessing a Dangerous or Illegal Weapon Statute – C.R.S. 18-12-102
“(1) As used in this section, the term “dangerous weapon” means a firearm silencer, machine gun, short shotgun, short rifle, or ballistic knife.
(2) As used in this section, the term “illegal weapon” means a blackjack, gas gun, metallic knuckles, gravity knife, or switchblade knife.
(3) A person who knowingly possesses a dangerous weapon commits a class 5 felony. Each subsequent violation of this subsection (3) by the same person shall be a class 4 felony.
(4) A person who knowingly possesses an illegal weapon commits a class 1 misdemeanor.
(5) It shall be an affirmative defense to the charge of possessing a dangerous weapon, or to the charge of possessing an illegal weapon, that the person so accused was a peace officer or member of the armed forces of the United States or Colorado National Guard acting in the lawful discharge of his duties, or that said person has a valid permit and license for possession of such weapon.”