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030. COLORADO CRIMINAL CODE – CRIMES INVOLVING FIREARMS AND WEAPONS

Colorado Crimes Involving the Unlawful Possession and Use of Firearms and Weapons

The Colorado Crime of Possessing a dangerous or illegal weapon 18-12-102 (4)

A person who knowingly possesses an illegal weapon (blackjack, gas gun, metallic knuckles, gravity knife, or switchblade knife) commits a class 1 misdemeanor. 18-12-102 (4)

A person who knowingly possesses a dangerous weapon (firearm silencer, machine gun, short shotgun, short rifle, or ballistic knife) commits a class 5 felony. 18-12-102 (3)

A second or subsequent offense of possessing a dangerous weapon is a class 4 felony. 18-12-102 (3)

The Colorado Crime of Possession of a defaced firearm 18-12-103

Knowingly and unlawfully possessing a defaced firearm is a class 1 misdemeanor. 18-12-103

The Colorado Crime of Defacing a firearm  18-12-104

Knowingly defacing the manufacturer’s serial number or any other distinguishing number or identification mark of a firearm is a class 1 misdemeanor. 18-12-104

The Colorado Crime of Carrying a concealed weapon  18-12-105

Knowingly and unlawfully carrying a concealed knife or firearm is a class 2 misdemeanor. 18-12-105 (1) (a) and (1) (b)

Knowingly, unlawfully, and without legal authority possessing a firearm or any explosive, incendiary, or other dangerous device within the building, office, chambers, or hearing rooms of the General  assembly or of its employees is a class 2 misdemeanor. 18-12-105 (1) (c)

The Colorado Crime of Possession of weapons on school, college, or university grounds  18-12-105.5 (1)

It is a class 6 felony to knowingly and unlawfully carry, bring, or possess a deadly weapon on the property of any school, college, or university. 18-12-105.5 (1)

The Colorado Crime of Prohibited use of weapons 18-12-106

Knowingly and unlawfully aiming a firearm at another person is a class 2 misdemeanor. 18-12-106 (1) (a)

Recklessly or with criminal negligence discharging a firearm or shooting a bow and arrow is a class 2 misdemeanor. 18-12-106 (1) (b)

Knowingly setting a loaded gun, trap, or device designed to cause an explosion upon being tripped or approached, and leaving it unattended by a competent person who is immediately present, is a class 2 misdemeanor. 18-12-106 (1) (c)

The Colorado Crime of Possessing a firearm while under the influence of alcohol or drugs is a class 2 misdemeanor. 18-12-106 (1) (d)

 Knowingly aiming, swinging, or throwing a throwing star or nunchaku at another person, or knowingly possessing a throwing star or nunchaku in a public place that is not an authorized public demonstration is a class 2 misdemeanor. 18-12-106 (1) (e)

The Colorado Crime Involving the Use of stun guns  18-12-106.5

 The use of a stun gun in the commission of a criminal offense is a class 5 felony. 18-12-106.5 

Second offense. Any person who has within five years previously been convicted of possessing an illegal weapon, possessing a defaced firearm, unlawfully carrying a concealed weapon, or using a weapon in a prohibited manner, shall upon conviction for a second or subsequent offense be guilty of a class 5 felony. 18-12-107

The Colorado Crime of the Illegal discharge of a firearm  18-12-107.5 (3)

Any person who knowingly or recklessly discharges a firearm into any dwelling or other building, occupied structure, or occupied motor vehicle commits a class 5 felony. 18-12-107.5 (3)

The Colorado Crime of Possession of weapons by previous offenders 18-12-108

A person who knowingly possesses, uses, or carries a firearm or any other weapon subsequent to the person’s conviction or adjudication (in the case of juveniles) for a felony or attempt or conspiracy to commit a felony commits a class 6 felony. 18-12-108 (2) (a) and (4) (a)

Possession of a weapon by a previous offender is a class 5 felony when the weapon is a dangerous weapon. 18-12-108 (2) (b) and (4)(b)

Possession of a weapon by a previous offender is a class 5 felony when the previous conviction was for burglary, arson, or any felony involving the use of force or a deadly weapon. 18-12-108 (2) (c) and (4) (c)

A second or subsequent offense of possession of a weapon by a person who has previously been convicted of or adjudicated for a felony, and when the weapon is a dangerous weapon or when the conviction was for, or the adjudication was based on, an offense involving burglary, , or any felony involving the use of force or the use of a deadly weapon is a class 4 felony. 18-12-108 (5)

The Colorado Crime of the Possession of handguns by juveniles  18-12-108.5

The first offense of illegal possession of a handgun by a person who has not attained the age of18 years is a class 2 misdemeanor. 18-12-108.5 (1) (c) (I)

A second or subsequent conviction of illegal possession of a handgun by a juvenile is a class 5 felony. 18-12-108.5 (1) (c) (II)   

 Unlawfully providing a handgun to a juvenile or permitting a juvenile to possess a handgun. Providing a firearm other than a handgun to a juvenile without the consent of the juvenile’s parent or legal guardian is a class 1 misdemeanor. 18-12-108.7 (3)

Any person who intentionally, knowingly, or recklessly provides a handgun to any person under the age of 18, or any person who knows of such juvenile’s possession of a handgun and fails to make reasonable efforts to prevent such possession, commits a class 4 felony. 18-12-108.7 (1) (b)

Any person who intentionally, knowingly, or recklessly provides a handgun to a juvenile or who permits a juvenile to possess a handgun, even though the person is aware of a substantial risk that such juvenile will use a handgun to commit a felony offense, or who fails to make reasonable efforts to prevent the commission of the offense, commits a class 4 felony. 18-12-108.7 (2) (b)

Colorado Crimes Involving Explosives or incendiary devices – chemical, biological, or radiological weapons 18-12-109 (7)

Any person who manufactures or possesses or who gives, mails, or sends any false, facsimile, or hoax explosive or incendiary device or chemical, biological, or radiological weapon to another person or places any such purported device or weapon on real or personal property commits a class 5 felony 18-12-109 (7)

Any person who knowingly possesses or controls an explosive or incendiary device commits a class 4 felony. 18-12-109 (2)

Any person who removes any explosive or incendiary device from the premises of a lawful possessor without consent commits a class 4 felony. 18-12-109 (5)

Any person who possesses any explosive or incendiary parts commits a class 4 felony. 18-12-109 (6)

Any person who possesses a valid permit issued under the provisions of  Article 7 of Title 9 regarding the regulation and inspection of explosives, or an employee of a permittee acting within the scope of his or her employment who knowingly dispenses, distributes, or sells explosive or incendiary devices to a person not authorized to possess or control such devices commits a class 4 felony.18-12-109 (8)

A person who knowingly possesses, controls, manufactures, gives, mails, or sends any chemical, biological or radiological weapon commits a class 3 felony.18-12-109 (2.5)

A person who removes any chemical, biological, or radiological weapon from the place where it is lawfully kept without the consent of the lawful possessor commits a class 3 felony. 18-12-109 (5.5)

A person who possesses parts of chemical, biological, or radiological weapons commits a class 3 felony. 18-12-109 (6.5)

Any person who knowingly uses, gives, mails, or sends an explosive or incendiary device or a chemical, biological, or radiological weapon or materials in the commission of or attempt to commit a felony commits a class 2 felony.18-12-109 (4)

The Colorado Crime of the Unlawful – Illegal purchase of firearms  18-12-111 (1)

Any person who knowingly purchases or otherwise obtains a firearm on behalf of or for transfer to a person who the transferor knows or reasonably should know to be ineligible to possess a firearm commits a class 4 felony. 18-12-111 (1)

 


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___________________________
H. Michael Steinberg Esq.
Attorney and Counselor at Law
The Colorado Criminal Defense Law Firm of H. Michael Steinberg
A Denver, Colorado Lawyer Focused Exclusively On
Colorado Criminal Law For Over 30 Years.
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