A SAMPLING OF WEAPONS RELATED OFFENSES IN COLORADO

A variety of offenses relating to firearms and weapons are set out in Article 12 of Title 18. The more commonly charged offenses are described below. Certain definitions are set out in C.R.S. § 18-12-101 and apply to these offenses. Bomb means any explosive or incendiary device or molotov cocktail or any chemical device which can cause an explosion. Handgun means any pistol, revolver or other firearm from which a bullet can be discharged which does not exceed twelve inches in length. Dangerous weapon means a firearm silencer, machine gun, short shotgun (barrel less than 18 inches or overall length less than 26 inches), short rifle (barrel less than 16 inches overall length less than 26 inches) or ballistic knife (knife with a blade that can be ejected from the handle). Illegal weapon means a blackjack, gas gun, metallic knuckles, gravity knife or switchblade knife.

A person who knowingly possesses a dangerous weapon commits a class 5 felony, with subsequent convictions being a class 4 felony. A person who knowingly possesses an illegal weapon commits a class 1 misdemeanor. A person commits the crime of carrying a concealed weapon, in violation of C.R.S. § 18-12-105, if the person knowingly and unlawfully carries a knife or firearm concealed on or about his person, or if the person brings any firearm, explosive or incendiary device into the capitol building. This offense is a class 2 misdemeanor. A person who has been convicted of a second offense in five years is guilty of a class 5 felony.

A person commits the crime of prohibited use of a weapon, C.R.S. § 18-12-106, if the person a) knowingly aims a firearm at another, b) recklessly or negligently discharges a firearm, c) knowingly sets a loaded gun, trap or explosive device and leaves it improperly attended, d) possesses a firearm while under the influence of alcohol or a controlled substance, or e) knowingly aims, swings or throws a nunchaku or throwing star. This offense is a class 2 misdemeanor. A person who has been convicted of a second offense in five years is guilty of a class 5 felony.

A person commits the crime of possession of a weapon by a previous offender, C.R.S. § 18-12-108, if the person knowingly possesses, uses or carries a firearm after being convicted of a felony under Colorado, federal, or other state law. This offense is a class 6 felony, but is raised to a class 5 felony if the weapon is a dangerous weapon as defined previously or if the prior conviction was for burglary or arson or any felony involving the use of a weapon and the previous conviction was within ten years of the date of the alleged offense or the offender’s release form sentence on the previous offense.

A person commits the crime of possession of an explosive or incendiary device, C.R.S. § 18-12-109, if the person knowingly possesses or controls an explosive or incendiary device, which are defined as dynamite and all other forms of high explosives, explosive bombs and grenades, but not to include ammunition. Possession of an explosive or incendiary device or the parts for an explosive or incendiary device is a class 4 felony. Any person who knowingly uses an explosive or incendiary device in the process of committing a felony commits a class 2 felony.

You can Page H. Michael Steinberg at (303) 543-4433 (24/7) or call him at (303) 627-7777, send E-mail to [email protected]