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720-445-9887Facing a firearm or weapons charge in Denver can create both immediate criminal concerns and longer-term questions about your ability to possess a firearm. The seriousness of the case depends on the particular allegation, the weapon involved, your prior record, where the weapon was found, and whether prosecutors claim it was possessed or used during another offense.
At the Law Office of Kevin Cahill, you work directly with Denver weapons charges lawyer Kevin Cahill. Kevin personally handles his clients’ cases and can review how police found the weapon, whether the prosecution can prove possession or use, whether a prior conviction creates a firearm restriction, and whether Colorado or federal law may apply.
This guide explains common Colorado gun and weapons charges, potential penalties, possession and search issues, related criminal allegations, and the differences that can arise between state and federal firearm cases.
Colorado regulates how firearms and other weapons may be possessed, carried, and used. A weapons charge can arise even when prosecutors do not claim that a firearm was fired or used to injure anyone.
Weapons charges may involve allegations such as:
These cases can raise questions about possession, knowledge, prior convictions, search and seizure, permits, statutory exceptions, and whether state or federal law applies.
Colorado’s prohibited-use statute covers several forms of conduct involving firearms and other weapons. Firearm-related allegations can include:
The main firearm-related violations of C.R.S. § 18-12-106 are generally class 1 misdemeanors.
Often referred to as POWPO, possession of a weapon by a previous offender can apply when a person knowingly possesses, uses, or carries a firearm or other covered weapon after a qualifying prior conviction or adjudication.
A POWPO case can be serious even when prosecutors do not claim that the firearm was fired. The possession itself is a central issue.
Colorado’s statute also addresses certain prior misdemeanor crimes of domestic violence and other specifically identified predicate offenses. Motor vehicle theft in the first degree was added to the applicable offense framework in 2025.
Whether a particular prior conviction qualifies should be determined from the actual record rather than assumed from the offense label.
Colorado law generally makes it a class 1 misdemeanor to knowingly and unlawfully carry a concealed firearm or qualifying concealed knife. The statute also contains important exceptions, including circumstances involving a person’s own dwelling or place of business, travel in a private vehicle, and qualifying concealed-handgun permits.
Whether the weapon was actually “concealed,” whether it was carried on or about the person, and whether a statutory exception applies can become important issues.
Colorado distinguishes between dangerous weapons and illegal weapons, and the distinction affects the offense level.
Category | Examples Under Colorado Law | General Classification |
|---|---|---|
Dangerous weapon | Firearm silencer, machine gun, rapid-fire device, short shotgun, short rifle | Class 5 felony |
Illegal weapon | Blackjack, gas gun, ballistic knife, metallic knuckles | Class 1 misdemeanor |
Colorado recognizes an affirmative defense in certain circumstances, including qualifying conduct by peace officers or members of the armed forces and possession supported by a valid permit or license for the weapon.
Colorado separately prohibits knowingly defacing a firearm’s serial or identifying number and knowingly and unlawfully possessing a firearm whose identifying information has been removed, altered, defaced, or destroyed.
Both offenses are generally class 1 misdemeanors.
Colorado law restricts firearms and other deadly weapons on covered educational property, but the offense classification depends in part on the weapon involved.
Knowingly carrying a firearm on covered school, college, university, or licensed child-care property is generally a class 1 misdemeanor, subject to statutory exceptions. Certain violations involving a non-firearm deadly weapon can be class 6 felonies.
Colorado restricts handgun possession by people under 18, subject to statutory exceptions. These allegations should be evaluated along with the person’s age, how the firearm was possessed, and whether an exception applies.
Our law office also handles juvenile criminal charges involving firearms and other allegations.
Colorado regulates unserialized firearms, frames, and receivers, sometimes referred to as “ghost guns.” The law addresses certain possession, purchase, transport, transfer, sale, and manufacturing conduct involving firearms or components that lack required serial-number markings.
Unlawful conduct involving an unserialized firearm, frame, or receiver is generally a class 1 misdemeanor. A second or subsequent offense is a class 5 felony. The law contains several exceptions, including circumstances involving federal firearms licensees and certain older or exempt firearms.
Many firearm cases turn on what prosecutors can actually prove about possession. A weapon does not necessarily have to be found in someone’s hand or physically on their body for prosecutors to allege possession.
Actual possession generally involves direct physical possession or immediate control of the weapon.
Constructive possession is a legal theory prosecutors may use when a weapon is found somewhere other than directly on a person. Depending on the charge, the government may try to prove that the accused knew about the firearm and exercised or intended to exercise control over it.
This issue can become especially important when a firearm is found in:
The presence of a weapon in the same location as a person does not automatically answer who possessed it.
Some charges require only prohibited possession, while others involve allegations that a weapon was used, displayed, aimed, discharged, or possessed during another crime. Those distinctions can substantially change the charges and potential consequences.
Penalties depend on the particular weapons offense and surrounding circumstances.
Offense | General Classification |
|---|---|
Prohibited use of a firearm under C.R.S. § 18-12-106(1) | Class 1 misdemeanor |
Defacing a firearm | Class 1 misdemeanor |
Possessing a defaced firearm | Class 1 misdemeanor |
Unlawfully carrying a concealed weapon | Class 1 misdemeanor |
Possession of an illegal weapon | Class 1 misdemeanor |
Possession of a dangerous weapon | Class 5 felony |
POWPO | Generally class 5 felony under qualifying circumstances |
Unserialized firearm — first offense | Class 1 misdemeanor |
Unserialized firearm — second or subsequent offense | Class 5 felony |
Firearm on covered school property | Generally class 1 misdemeanor, subject to exceptions |
Certain non-firearm deadly weapons on covered school property | Class 6 felony |
These are general classifications. Actual exposure depends on the statute charged, criminal history, related offenses, and whether special sentencing provisions apply.
When a weapons allegation is charged as a felony or accompanies another felony, see our Colorado felony defense page for more information about felony-level cases.
A firearm charge may be filed on its own, but weapons allegations frequently arise during investigations involving another alleged offense.
Examples can include:
When several charges arise from the same incident, the defense should consider how the weapons allegation interacts with the underlying case rather than treating each count in isolation.
Some firearm cases are prosecuted under Colorado law, while others can involve federal law or parallel state and federal investigations.
Federal exposure can arise in circumstances involving:
State and federal firearm restrictions do not always match. Conduct that does not result in a Colorado firearm-possession charge can still raise a separate federal question, and federal cases use different statutes, procedures, and sentencing rules.
A Colorado weapons defense lawyer evaluating possible federal exposure should therefore identify the alleged basis for the prohibition, the investigating agency, the weapon involved, and whether federal prosecutors are participating in the case.
A criminal conviction or court order can affect firearm possession, but the rules depend on the specific legal basis for the restriction.
Potential restrictions can arise from:
Colorado and federal law are not identical. A person’s ability to possess a firearm should be evaluated under both systems when there is any uncertainty about a prior conviction or court order.
Colorado’s previous-offender law also includes first-degree motor vehicle theft within the relevant firearm-possession framework and provides a process for qualifying people to petition for relief after the statutory period.
The appropriate defense depends on the offense and evidence.
The prosecution may need to prove actual or constructive possession. When a weapon is found in a shared vehicle, home, room, or container, knowledge and control may be disputed.
If police obtained a firearm through an unconstitutional search or seizure, the defense may ask the court to suppress the evidence. Suppression means asking the court to prevent unlawfully obtained evidence from being used in the prosecution’s case.
For offenses requiring knowing possession, whether the accused actually knew the weapon was present can be an important issue.
In a POWPO case, the defense may need to examine whether the prosecution can establish a qualifying prior conviction or adjudication and whether the current facts satisfy the applicable firearm-possession statute.
Some weapons statutes contain exceptions or affirmative defenses based on circumstances such as lawful permits, location, employment, military or law-enforcement duties, or other statutory conditions.
Depending on the charge, a firearm case may involve constitutional questions concerning searches, seizures, statements, due process, or application of firearm restrictions.
These examples are general. Kevin evaluates the particular statute, possession theory, search, prior record, and related allegations to determine which issues are supported by the facts.
Federal law generally restricts firearm possession after qualifying felony convictions, while Colorado has its own previous-offender statute identifying circumstances in which firearm possession is prohibited. Because the state and federal rules are not identical, a person’s particular conviction should be reviewed before assuming firearm possession is lawful.
POWPO stands for possession of a weapon by a previous offender. The charge can apply when a person knowingly possesses, uses, or carries a firearm or another covered weapon after a qualifying prior conviction or adjudication.
No. Colorado weapons offenses include both misdemeanors and felonies. Prohibited use of a firearm, unlawful concealed carry, possession of an illegal weapon, and many first-time unserialized-firearm violations are generally misdemeanors. Dangerous-weapon possession and qualifying POWPO allegations can be felonies.
Colorado defines the categories separately. Dangerous weapons include items such as firearm silencers, machine guns, rapid-fire devices, short shotguns, and short rifles and are generally subject to class 5 felony treatment. Illegal weapons include blackjacks, gas guns, ballistic knives, and metallic knuckles and are generally subject to class 1 misdemeanor treatment.
No. Switchblades are not included in the statutory definition of “illegal weapon” under C.R.S. § 18-12-102.
Potentially. Ownership and possession are not always the same question. Prosecutors may rely on constructive-possession theories when a firearm is found in a shared location. The defense can examine whether there is evidence that you actually knew about and controlled the weapon.
Yes. Federal charges can arise when federal firearm laws or federal jurisdiction apply. State and federal authorities can also investigate the same underlying conduct.
Knowingly and unlawfully carrying a concealed firearm is generally a class 1 misdemeanor under Colorado law, subject to statutory exceptions.
No. Colorado law generally makes knowingly carrying a firearm on covered school or educational property a class 1 misdemeanor, subject to exceptions. Certain non-firearm deadly-weapon violations can be class 6 felonies.
The defense can examine whether the stop, detention, warrant, consent, or search was lawful. If evidence was obtained in violation of constitutional protections, a motion to suppress may be appropriate.
Possibly, but no result can be guaranteed. The strength of the possession evidence, legality of the search, prior-conviction issues, statutory exceptions, and related charges can all affect how the case proceeds.
A weapons case can involve more than whether police found a firearm. The prosecution may also need to establish who possessed it, what the accused knew, whether a prior conviction created a prohibition, whether the weapon fell within a particular statutory category, and whether police obtained the evidence lawfully.
At the Law Office of Kevin Cahill, you work directly with Denver weapons charges lawyer Kevin Cahill. Kevin personally handles his clients’ cases and represents people facing POWPO, prohibited-use, concealed-carry, dangerous-weapon, unserialized-firearm, and related firearm allegations in Denver and throughout Colorado.
If the firearm charge accompanies another offense, Kevin can also address the broader criminal case, including related felony allegations and possible state or federal exposure.
If you have been arrested, charged, or believe you are under investigation, contact the Law Office of Kevin Cahill to schedule a consultation.
Denver Defense Lawyer Kevin Cahill never assumes that your case is a lost cause. He is a confident and fearless litigator who refuses to back down when he is fighting to protect the rights of his clients. Regardless of whether you are facing a felony or a misdemeanor, it is vital that you take the charges seriously and seek out legal representation as soon as possible so you can start building your defense.