Facing gun charges in Colorado is a high-stakes situation that requires immediate legal attention to protect your constitutional rights. From possession by a previous offender to concealed carry violations, these cases carry significant penalties including prison time and the permanent loss of firearm rights. Working with a colorado gun charges lawyer ensures that you have a professional advocate to navigate the complex legal landscape and build a robust defense.
Introduction
The moment you are confronted by law enforcement regarding a firearm, your entire future can feel like it is hanging in the balance. It is a stressful and overwhelming experience, often compounded by the technical nature of Colorado weapons statutes. Whether you are facing a misdemeanor for an administrative oversight or a high-level felony that threatens your freedom, understanding the road ahead is the first step toward a resolution. This guide serves to define the specific charges common in Colorado, explain the potential legal and life-altering penalties you may face, and outline the strategies an experienced attorney can use to protect you.
Understanding the Charge Under Colorado Law
Colorado gun laws are found primarily in Title 18, Article 12 of the weapons charges statutes. To secure a conviction, the prosecution must prove every element of a specific charge beyond a reasonable doubt. One of the most common and serious charges is Possession by a Previous Offender, often referred to as POWPO under C.R.S. 18-12-108. This statute makes it a felony for any person previously convicted of a felony, or an attempt or conspiracy to commit a felony, to possess, use, or carry a firearm or other dangerous weapon. The legal definition of possession is broader than many people realize. It includes actual possession, which means having the weapon on your person, and constructive possession, which means you have the intent and ability to exercise control over the weapon even if it is not in your hands, such as a gun in your glove box or under a mattress.
Another frequent area of legal trouble involves concealed carry violations under C.R.S. 18-12-105. In Colorado, it is generally illegal to carry a firearm concealed on your person or within a vehicle without a valid permit, though there are specific exceptions for possession in one’s own dwelling or for lawful travel. The law defines concealed as being placed out of common sight. Even a partially obscured weapon can lead to a charge if a law enforcement officer determines it was hidden from view. For more details, you can view the full text of the Colorado Revised Statutes online.
Furthermore, Colorado law identifies certain weapons as dangerous or illegal under C.R.S. 18-12-102. Dangerous weapons include items like short-barreled rifles, short-barreled shotguns, and silencers. Possessing these items is typically a felony unless specific federal registrations are in place. Illegal weapons, which often lead to misdemeanor charges, include metallic knuckles or certain types of knives. Finally, it is important to be aware of Colorado’s high-capacity magazine restrictions, which limit magazine capacity to 15 rounds. Possession of a magazine that exceeds this limit, if manufactured after the law took effect, can result in criminal charges even if the firearm itself is legal.
Potential Penalties and Consequences
The penalties for a weapons conviction in Denver and across Colorado vary significantly based on the classification of the crime. Felony weapons charges, such as a POWPO conviction, are typically classified as Class 4, 5, or 6 felonies. A Class 4 felony can result in two to six years in the Colorado Department of Corrections and significant fines reaching 500,000 dollars. Even a Class 6 felony, the least severe felony level, can carry a prison sentence of up to 18 months. If the weapon was used in the commission of another crime, such as a robbery or assault, the penalties are enhanced drastically under crime-of-violence sentencing guidelines.
Misdemeanor charges, such as carrying a concealed weapon without a permit for a first offense, carry less jail time but still result in a criminal record that can follow you for years. Beyond the immediate threat of jail or prison, the financial impact of a conviction includes court costs, mandatory fees, and the cost of supervised probation.
However, the legal penalties are often only the beginning. The collateral consequences of a gun charge can be even more devastating. A felony conviction results in the permanent loss of your Second Amendment right to possess firearms under both state and federal law. This loss is often irreversible and affects your ability to hunt or protect your home. Furthermore, many professional licenses, such as those for nurses, teachers, or commercial drivers, can be revoked or denied based on a weapons conviction. Employers often conduct background checks that flag these offenses, potentially limiting your career opportunities for a lifetime. Housing applications can also be rejected, as many landlords view weapons charges as a liability.
Common Defense Strategies
When you are facing these charges, it is vital to remember that an arrest is not a conviction. A Denver defense attorney can evaluate the specific facts of your case to determine which defense strategies are most applicable. One of the most powerful tools in a defense attorney’s arsenal is the Fourth Amendment challenge. This involves examining whether the police had a legal right to stop you or search your property. If the firearm was discovered during an unlawful traffic stop or a search conducted without a valid warrant or a recognized exception to the warrant requirement, a lawyer can file a motion to suppress the evidence. If the court agrees that your rights were violated, the firearm itself may be excluded from trial, which often leads to the dismissal of the charges.
Another common strategy involves challenging the element of possession or knowledge. In cases of constructive possession, the prosecution must prove that you knew the weapon was there and that you intended to exercise control over it. If a weapon was found in a shared vehicle or a common area of a home, it may be possible to argue that you had no knowledge of its presence or that it belonged to someone else entirely. Proving a lack of intent can be a decisive factor in these cases.
Constitutional challenges can also be raised regarding the legality of the initial police contact. If the officer lacked reasonable suspicion to detain you, any evidence gathered after that point may be considered fruit of the poisonous tree. Additionally, there are affirmative defenses such as self-defense or the defense of one’s home, though these are highly fact-specific and require a detailed legal analysis. It is important to understand that these strategies are examples of potential avenues for defense and do not constitute legal advice for your specific situation. Every case is unique, and a strategy must be tailored to the specific evidence and circumstances involved.
Frequently Asked Questions
Can I have a gun in my car in Colorado without a permit?
In Colorado, you are generally allowed to have a firearm in your personal vehicle for self-defense while traveling. The weapon can be concealed within the vehicle as long as it is for lawful protection of yourself or your property. However, once you exit the vehicle, the laws regarding concealed carry on your person apply, and you must have a valid permit to carry the weapon concealed outside of the car. It is also important to note that local jurisdictions may have specific regulations regarding how firearms must be stored in vehicles, so it is wise to be aware of the rules in the specific city where you are driving.
What happens if I am caught with a gun while under the influence?
Possessing a firearm while under the influence of alcohol or controlled substances is a criminal offense in Colorado under C.R.S. 18-12-106. This is typically charged as a Class 2 misdemeanor. The law does not require you to be using the firearm; simply having it in your possession while impaired is enough for a charge. This is a serious matter that can lead to jail time and the forfeiture of the weapon. If you are also facing a DUI charge, the combination of these two offenses can lead to complex legal challenges and harsher sentencing.
Can a gun charge be sealed or expunged in Colorado?
The ability to seal a gun charge depends on the outcome of the case and the level of the offense. If your case was dismissed or you were acquitted at trial, you are generally eligible to seal your Colorado criminal record. However, if you were convicted of certain felony weapons charges, sealing the record may be much more difficult or, in some cases, impossible under current Colorado law. Recent legislative changes have expanded the types of records that can be sealed, so it is important to have a lawyer review your specific record to determine if you meet the eligibility requirements for a petition to seal.
What should I do if the police want to search my home for firearms?
You have a constitutional right to be free from unreasonable searches and seizures. If the police arrive at your home and ask to search for firearms, you are not required to give consent. If they have a valid search warrant, you should comply with the search but remain silent and avoid making any statements. If they do not have a warrant, you can politely decline the search. In either scenario, the most important step you can take is to clearly state that you wish to speak with an attorney before answering any questions. Anything you say during the search can be used against you in court.
Conclusion
The complexity of Colorado firearm laws means that a single mistake or misunderstanding can lead to life-altering criminal charges. The seriousness of a gun conviction cannot be overstated, as it threatens your liberty, your finances, and your fundamental constitutional rights. Because the legal landscape in Colorado is constantly shifting with new legislation and court rulings, you cannot afford to navigate this process alone. Acting quickly to secure legal representation is the most effective way to ensure that your side of the story is heard and that your rights are vigorously defended.
If you or a loved one are facing weapons charge defense needs, the time to act is now. Contact the Law Office of Kevin Cahill for a confidential consultation to discuss the details of your case. Our team is dedicated to providing the authoritative and empathetic guidance you need to move forward. We will work tirelessly to examine the evidence, challenge the prosecution’s claims, and seek the best possible outcome for your future. Reach out today at 720-445-9887 to begin building your defense.