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CRS 18-12-107

Colorado Penalty for Second Firearm Offense

Under Colorado law, you cannot carry a defaced firearm or unlawfully carry a concealed weapon. Additionally, there are specific regulations for the prohibited use of weapons. These charges are classified as misdemeanors generally; however, CRS 18-12-107 states that the second offense of these crimes within a 5-year time frame can be classified as a Class 5 felony.

Let’s face it. Life happens.

No one wants to get in trouble, but when it happens, what do you do?

If you have been arrested or charged with a crime, the best decision you can make is to
hire a good criminal defense attorney. With the right defense lawyer in your corner, you
will be advised and guided towards the best outcome for your case.

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Penalties for a Second Firearm Offense in Colorado

Charge Classification Penalty
Prohibited Use of Weapons Misdemeanor Class 1:

  • Up to 364 days in jail and/or
  • A fine up to $1,000
Prohibited Use of Weapons Misdemeanor Class 2:

  • Up to 120 days in jail and/or
  • A fine up to $750
Second Weapon Offense within 5 Years Felony Class 5:

  • 1-3 years in prison
  • A fine of $1,000 to $100,000
(Colo. Rev. Stat. § § 18-12-107, 18-1.3-401, 18-1.3-406, 18-1.3-501.)

Possible Defenses for Penalty for a Second Firearm Offense in Colorado


Many people might not realize that being charged with a second weapons offense can lead to severe consequences. To be convicted of this offense, the prosecutor must prove elements that show how the defendant, without a reasonable doubt, committed the crime.

However, an experienced criminal defense lawyer can use various defenses to prove the defendant’s innocence or to get their sentence reduced.

Some common defenses for a second firearm or weapons charge include:

  • You had a permit to carry the weapon
  • You did not realize the weapon was loaded
  • You did not knowingly, willingly, or recklessly throw or aim the weapon
  • You did not know that the firearm’s serial number was altered or removed
  • The police found the weapon during an illegal search

Colorado Revised Statutes. CRS 18-12-107:


18-12-107. Penalty for Second Offense:

Any person who has within five years previously been convicted of a violation under section 18-12-103, 18-12-105, or 18-12-106 shall, upon conviction for a second or subsequent offense under the same section, be guilty of a class 5 felony.

Have You Been Charged With a Second Firearm Offense in Colorado Springs or El Paso County?


Being charged with a second firearm offense or other weapons charge in Colorado can have severe consequences. For the prosecutor to convict you, they must convince the jury that you intentionally or recklessly used, aimed, or carried a prohibited or illegal weapon, and that you were previously convicted of the same type of charge. A criminal conviction requires that the jury finds you guilty beyond a reasonable doubt. However, this charge has many defenses, such as having a permit to carry the weapon or not knowing that the weapon was loaded. A criminal defense attorney can help you understand these defenses, Colorado law, and your rights as the defendant. Contact our attorneys at Right Law Group to discuss your case.

FAQ: Colorado Second Firearm Offense


What weapons qualify for a second firearm offense in Colorado?

Many weapons can qualify you for a second weapons offense. For example, if you possess a defaced firearm or carry an unlawful concealed weapon, you could be charged with this offense. Other prohibited weapons, such as throwing stars or nunchakus may also qualify.

Will I go to prison for a second weapons charge in Colorado?

If you are charged with a second weapon offense within five years of your first offense, you can face up to three years in prison and/or a fine up to $100,000.

How can a Colorado criminal defense lawyer help me?

A criminal defense lawyer will protect your rights and help you understand Colorado law regarding your offense. Even if you plead guilty, your attorney will try to reduce your sentence, so you receive fewer penalties. They will create a stellar defense strategy to convince the jury that you are innocent or deserving of a lesser charge.

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