Unlawful Possession of Weapons Charges in Colorado Springs
Protect Your Freedoms and Yourself
Colorado state gun and weapon laws are very clear. It is a federal right to keep and bear arms as long as you are a citizen in good standing. If you have been convicted of violating a state gun law, a felony, or a violent crime, however, your gun rights may be restricted or revoked.
You have the right to bear arms — protect your freedom with an aggressive legal defense.
Concealed Carry, Open-Carry, and Your Rights
Colorado is relatively relaxed when it comes to gun and weapon laws, but it is important to understand the laws and your rights. In Colorado and El Paso County, you do not need to be issued a permit to purchase a legal firearm or dangerous weapon. However, the weapons distributor is required to run a federal background check and maintain detailed records regarding the sale. Weapons that are considered illegal or dangerous are not authorized to be possessed, carried, or used by any person.
Concealed Carry in Colorado
As with every state, Colorado has laws that govern its residents’ rights to conceal their weapon while they carry. Colorado will issue concealed handgun permits to qualified persons who meet application requirements. When a weapon is concealed carry, the carrier must have a valid driver’s license or state-issued ID and their weapon permit on their person. They must also follow federal, state, and local laws, as well as rules of specific entities.
Colorado honors the reciprocity of concealed handgun permits issued by 33 other United States, so long as the person who was issued the permit is a valid, current resident of the issuing state and is over the age of 21. For more information on which states fall under concealed handgun permit laws, check here.
Colorado is an “Open-Carry” State
As an “open-carry” state, anyone who is legally allowed to own and possess a weapon is authorized to do so unless it is specifically prohibited — government buildings, schools, place of work, Denver, locations with prohibitive signage, etc. However, those who have had their weapon’s rights modified or revoked are not authorized to open-carry or carry at any point.
Weapons that are openly carried must be holstered at all times and, if they are used to commit a crime, may escalate charges to “aggravated.”
Felon With a Firearm
Colorado state law establishes it a felony crime for felons who knowingly possess, use, or carry a firearm in any state or under federal jurisdiction if you have been convicted of a felony, an attempted felony, conspiracy to commit a felony, or a juvenile act that would be considered one of the above had the act been committed by an adult. Possession of a weapon by a previous offender (POWPO) is a felony offense that can result in punishment of up to six years in prison and a fine as hefty as $500,000. It is important that if you are charged with POWPO, that you seek aggressive legal defense as soon as possible.
|Charge||Classification||Presumptive Sentencing||Presumptive Fines|
|Possession of a dangerous weapon||Class 5 Felony||1 to 3 Years||Up to $100,000|
|Possession of an illegal weapon||Class 1 Misdemeanor||6 to 18 Months||Up to $5,000|
|Possession of a defaced firearm||Class 1 Misdemeanor||6 to 18 months||Up to $5,000|
|Unlawfully carrying a concealed weapon||Class 2 Misdemeanor||Up to 1 Year||Up to $1,000|
|Possession of a weapon by a previous offender (POWPO)||Class 6 Felony||1 Year to 18 Months||Up to $100,000|
|Unlawful purchase of a firearm||Class 4 felony||2 to 6 Years||Up to $500,000|
|Possession of a handgun by a juvenile||Class 2 Misdemeanor||3 to 12 Months|
How Unlawful Possession of Weapons Charges Affects Your Military Career
As a member of the Armed Forces, you are held to the Uniform Code of Military Justice (UCMJ), as well as federal law. Even when you are off post and off-duty, you are legally held to both standards. If you are accused of weapons violations while off post, you may be charged under both military and civilian law. Depending on the supposed crime, you may face a military court-martial and civilian felony charges. If you are charged with a civilian violent crime, with or without a weapon, or a weapon charge, you may be facing serious adverse action and a potential discharge from the military.
Military weapons are to always be maintained by on-duty military personnel and transported in military vehicles or authorized government vehicles. Military weapons are to be maintained in an arms room or armory and never in the personal dwelling of service members. If you have been charged with unlawful possession of a military weapon, it is in your best interest to seek legal counsel immediately. Even if the charges are a result of a direct order, company regulation, the lack of an amnesty box, some other event out of your control, or was unintentional, weapons charges are serious and can severely affect your military career and civilian life. Do not face the charges alone — you have a right to legal counsel, take it.
When you enter a military installation, you fall under the laws and regulations of the post. For many military installations, this means there is no open-carry, concealed carry, and many more weapons restrictions. If you are a civilian visiting a military installation, you can still be arrested and legally punished for violating the laws and regulations of the post, even if you were following local law.
When you are faced with any of the above scenarios, you need an aggressive legal defense that you can count on and is experienced in both military and civilian law. The attorneys at the Law Offices of Murphy and Price have decades of both military and civilian legal experience, defending civilians charged with crimes on post and service members who are facing Article 15, court-martial, or federal or state charges. Contact us for your consultation today.
How Unlawful Possession of Weapons Charges Affects Your Immigration Status
As an immigrant — a legal resident or otherwise — you are expected to follow federal and state laws of the area in which you reside. Weapons charges are some of the most serious charges that an immigrant can face, resulting in deportation and denial of reentry. It is critical that if you are charged with a weapons violation or any charge involving or aggravated by the presence of a weapon, you seek legal counsel right away.
At the Law Offices of Murphy and Price, we have decades of experience providing a legal defense for immigrants, regardless of legal status. We are experts in Colorado and federal immigration law and have helped hundreds of immigrants with their legal cases. Contact us if you are facing weapons charges including:
- Illegal weapons transactions,
- Possession of a dangerous weapon,
- Possession of an illegal weapon,
- Possession of a defaced firearm,
- Unlawfully carrying a concealed weapon,
- Possession of a weapon by a previous offender (POWPO),
- Unlawful purchase of a firearm,
- Possession of a handgun by a juvenile, or
- A crime of moral turpitude involving a weapon.
Legal Defenses for Weapons Charges
Your legal defense team makes all the difference in your case — get the aggressive defense you deserve.
There are many circumstances that may lead you to find yourself facing weapons charges, but facing charges does not mean you are out of options. There are many valid legal defenses for weapons charges in El Paso County, including:
- You were with someone who was in possession and not actually in possession of the weapon yourself.
- You had no physical control over the weapon.
- You did not know you were in possession of the weapon.
- You did not know, nor intend, the item was a weapon.
- The weapon was contained in your home for the sole purpose of constitutionally protecting your home, person, or property, and was not removed from your property.
- The weapon was in your possession for legitimate, non-weapon use.
- The weapon was discovered in an illegal search and seizure.
Not knowing the law is not a valid legal defense. For more information about Colorado State gun laws, reference the statutes here. And, if you are facing weapons charges in Colorado Springs, contact the Law Offices of Murphy and Price. We have decades of experience defending the rights of Colorado residents, military service members, immigrants, and tourists and visitors of Colorado. Schedule your consultation today!