Federal and Colorado Area Gun Crimes Defense Attorney
The United States and Colorado both have laws which deal with firearms and weapons. Both jurisdictions criminalize improper possession and/or use of firearms and weapons by certain individuals. Violating either jurisdiction's criminal laws can result in severe penalties. For example, the United States Code, in some cases, makes the penalty for illegal possession of a firearm a mandatory minimumfifteen (15) years in prison. Title 18 U.S.C. sec 924(e)(1).
Let there be no doubt, when you are charged with Firearms or Weapons offense in either Colorado or Federal court the need for an experienced attorney is paramount. I have 23 years experience defending individuals charged with firearms and weapons offenses. My experience could be the only thing between you and a severe prison sentence.
Federal Firearms Laws
Title 18 U.S.C. sec. 922 - firearms offenses
Title 18 U.S.C. sec. 924 - penalties
Federal firearms offenses are enumerated in Title 18 U.S.C. sec. 922. The most common firearms offense prosecuted by the United States Attorney Office is - Title 18 U.S.C. sec. 922(g). This section lists the "prohibited persons" who may not possess any firearms or ammunition. (Even possessing a single bullet is prohibited). This lists includes: Any person:
(1) who has been convicted in any court of, a crime punishable by imprisonment for a term exceeding one year. (In Colorado a Class 1 misdemeanor has a maximum penalty of 18 months, and a conviction of this Class of misdemeanor would qualify under this section of the United States Code); or,
(2) is a fugitive from justice; or,
(3) who is an unlawful user of or addicted to any controlled substance; or,
(4) who has been adjudicated a mental defective or has been committed to a mental institution; or,
(5) is illegally or unlawfully in the United States; or,
(6) has been discharged from the Armed Forces under dishonorable conditions; or,
(7) has renounced their United States citizenship; or,
(8) is the subject of an Order of Protection; or,
9) has been convicted in any court of the crime of domestic violence.
The penalties for violating any section of 922(g) are listed in Title 18 U.S.C. sec. 924.
Section 924(a)(2) provides for a prison term of not more than ten (10) years for violating any of the 922(g) sections. HOWEVER, Section 924(e) provides for a prison term of NOT LESS THAN fifteen (15) years in prison for a person who has three (3) prior convictions for a violent felony or serious drug conviction.
NOTE: " Violent felony" means any crime punishable by imprisonment for a term exceeding one year, or any act of juvenile delinquency involving the use or carrying of a firearm, knife, or destructive device that would be punishable by imprisonment for such term if committed by an adult, that:
(a) has as an element the use, attempted use, or threatened use of physical force against the person of another; or,
(b) is burglary, arson, or extortion, involves use of explosives, or otherwise involves conduct that presents a serious potential risk of physical injury to another; and,
(c) the term "conviction" includes a finding that a person has committed an act of juvenile delinquency involving a violent felony.
NOTE: "Serious drug offense" means an offense under the Controlled Substances Act for which a maxi,um term of imprisonment of ten years or more is prescribed by law; or, an offense under State law, involving manufacturing, distributing, or possessing with intent to manufacture or distribute, a controlled substance for which a maximum term of imprisonment of ten years or more is prescribed by law.
RESTORATION of the Right to Possess a Firearm: Title 18 U.S.C. 921(33)(B)(ii) - Under federal law, a person cannot possess a firearm after being convicted of a felony. However, provision is made when the State of conviction restores the individual's civil rights. "Any conviction which has been expunged, or set aside or for which a person has been pardoned or has had civil rights restored shall not be considered a conviction for purposes of this chapter, unless such pardon, expungement, or restoration of civil rights expressly provides that the person may not ship, transport, possess, or receive firearms."
Colorado Firearms & Weapons Law
C.R.S, 18-12-101
Possession of dangerous weapon
Class 5 felony
Possible sentence: 1 - 3 years in prison with a mandatory parole term of 2 years following release.
Class 4 felony for each subsequent conviction. Possible sentence: 2 - 6 years in prison with a mandatory parole term of 3 years following release.
"Dangerous Weapon" means a firearm silencer, machine gun, short shotgun, short rifle, or ballistic knife.
"Short shotgun" means a shotgun having a barrel or barrels less than eighteen (18) inches long or an overall length of less than twenty-six (26) inches.
"Short rifle" means a rifle having a barrel less than sixteen (16) inches long or an overall length of less than twenty-six (26) inches.
Possession of an illegal weapon
Class 1 misdemeanor
Possible sentence: 6 months - 18 months in jail, $500 - $5000 fine, or both.
"Illegal weapon" means a blackjack, gas gun, metallic knuckles, gravity knife, or switchblade knife.
"Gravity knife" means any knife that has a blade released from the handle or sheath thereof by the force of gravity or the application of centrifugal force.
Carrying a concealed weapon
Class 2 misdemeanor
Possible penalty: 3 months - 12 months in jail, $250 - $1000 fine, or both.
A person can be charged with Carrying a Concealed Weapon if he/she knowingly and unlawfully carries a knife or firearm concealed on or about his/her person.
NOTE: It is not an offense if you possess a concealed weapon in the following circumstances:
a) your home
b) place of business
c) property owned or under your control
d) private automobile when caring for lawful protection of person or property WHILE traveling
e) you have a valid conceal carry permit
Class 6 felony
Possible sentence: 1 - 1.5 years in prison with a mandatory parole term of 1 year following release.
A person can be charged with Carrying a Concealed Firearm in the following situations:
1) in any public or private school, college, university, or seminary
2) either House of the Colorado State Legislature
Unlawful Use of a Firearm
Class 2 misdemeanor
Possible penalty: 3 months - 12 months in jail, $250 - $1000 fine, or both.
A person can be charged with Unlawful Use of a Firearm if any of the following applies:
1) Knowingly and unlawfully aims a firearm at another person; or,
2) Recklessly or with criminal negligence he/she discharges a firearm or shoots a bow and arrow; or,
3) Knowingly sets a loaded gun, trap, or device designed to cause an explosion upon being tripped or approached, and leaves it unattended by a competent person immediately present; or,
4) Has in his/her possession a firearm while the person is under the influence of intoxicating liquor or of a controlled substance.
Law Office of David L. Owen, Jr, P.C.
8854 S. Miners Street
Highlands Ranch, CO, 80126
Telephone: 720-863-4292
Toll-Free: 866-768-0506