Top Denver criminal defense attorney, Michael Becker, discusses Colorado laws for possession of a weapon by a felon.
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IS IT ILLEGAL FOR A CONVICTED FELON TO POSSESS A FIREARM IN COLORADO?
Yes, if the felony was for either:
Murder in the first degree (CRS 18-3-102);
Murder in the second degree (CRS 18-3-103);
Manslaughter (CRS 18-3-104);
Criminally negligent homicide (CRS 18-3-105);
Vehicular homicide (CRS 18-3-106);
Assault in the first degree (CRS 18-3-202);
Assault in the second degree (CRS 18-3-203);
Vehicular assault (CRS 18-3-205);
Menacing (CRS 18-3-206);
First degree kidnapping (CRS 18-3-301);
Second degree kidnapping (CRS 18-3-302);
Sexual assault (CRS 18-3-402);
Unlawful sexual contact (CRS 18-3-404);
Sexual assault on a child (CRS 18-3-405);
Sexual assault on a child by one in a position of trust (CRS 18-3-405.3);
Sexual assault on a client by a psychotherapist (CRS 18-3-405.5);
Invasion of privacy for sexual gratification (CRS 18-3-405.6);
Robbery (CRS 18-4-301);
Aggravated robbery (CRS 18-4-302);
Aggravated robbery of controlled substances (CRS 18-4-303);
Incest (CRS 18-6-301);
Aggravated incest (CRS 18-6-302);
Child abuse (CRS 18-6-401);
Sexual exploitation of children (CRS 18-6-403);
Crimes against at-risk adults or at-risk juveniles (CRS 18-6.5-103);
Any crime identified by law enforcement prior to the filing of charges as domestic violence, as defined in CRS 18-6-800.3 (1);
An act identified by a district attorney in a formal criminal charge as domestic violence, as defined in CRS 18-6-800.3 (1);
Any crime, the underlying factual basis of which has been found by the court on the record to include an act of domestic violence, as defined in CRS 18-6-800.3 (1), pursuant to CRS 18-6-801 (1);
Stalking (CRS 18-3-602);
A bias-motivated crime (CRS 18-9-121);
Failure to stop at the scene of an accident (CRS 42-4-1601), where the accident results in the death or serious bodily injury of another person;
Retaliation against a witness or victim (CRS 18-8-706);
Intimidating a witness or a victim (CRS 18-8-704);
Aggravated intimidation of a witness or a victim (CRS 18-8-705);
Tampering with a witness or victim (CRS 18-8-707);
Indecent exposure (CRS 18-7-302);
Human trafficking (CRS 18-3-504);
Sex trafficking (CRS 18-3-504);
First degree burglary (CRS 18-4-202);
Second degree burglary of a dwelling (CRS 18-4-203 (2)(a));
Retaliation against a judge or elected official (CRS 18-8-615);
Retaliation against a prosecutor (CRS 18-8-616);
Retaliation against a juror (CRS 18-8-706.5);
Child prostitution (CRS 18-7-401);
Soliciting for child prostitution (CRS 18-7-402);
Procurement of a child for sexual exploitation (CRS 18-6-404);
Pimping of a child (CRS 18-7-405);
Inducement of child prostitution (CRS 18-7-405.5);
Patronizing a prostituted child (CRS 18-7-406); and/or
Any criminal attempt (CRS 18-2-101), any conspiracy (CRS 18-2-201), any criminal solicitation (CRS 18-2-301), and any accessory to a crime (CRS 18-8-105), involving any of the aforementioned offenses.
Colorado 18.12.108 CRS -- regulating Possession of a Weapon by a Previous Offender and often referred to as P.O.W.P.O. -- makes it illegal not only to possess a firearm but also makes it illegal to possess other dangerous weapons such as a switchblade or a knife with a blade of over three and a half inches.
Note that this Colorado law applies to people with felony convictions not only in Colorado but also other states or federal courts. POWPO is a class 5 felony. The penalties for possessing a weapon by a previous offender in Colorado can be up to three (3) years in state prison and a fine of up to $100,000.
COLORADO LEGAL DEFENSE GROUP
If you or a loved one is charged with a crime we invite you to contact us at Colorado Legal Defense Group. We can provide a free consultation in office or by phone. We serve Denver, Lakewood, Littleton, Aurora, Colorado Springs, Fort Collins, Pueblo, Boulder, Broomfield, Grand Junction, Eagle, Aspen, Breckenridge, Vail and throughout Colorado.
Colorado Legal Defense Group
4047 Tejon Street
Denver CO 80211
(303) 222-0330
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