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Colorado Unlawfully Carrying a Concealed Weapon

Colorado Springs Unlawfully Carrying a Concealed Weapon Lawyer

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Carrying a concealed weapon or C.R.S. 18-12-105 in Colorado is either a Class 1 misdemeanor punished by a fine of up to $1,000 and/or up to 364 days in jail or a Colorado Class 5 felony punishable by up to three years in prison and a fine of up to $100,000.

Penalties for Unlawfully Carrying a Concealed Weapon — Unlawful Possession of Weapons in Colorado

Charge Classification Penalty
First-time violation of   concealed weapon law Class 1 misdemeanor
  • 364 days in jail
  • A fine of up to $1,000
Second or subsequent violation of  concealed weapon law within five years Class 5 felony
  • Three years in prison
  • A fine of up to $100,000
(Colo. Rev. Stat. C.R.S. 18-12-105)

Possible Defenses for Unlawfully Carrying a Concealed Weapon — Unlawful Possession of Weapons in Colorado

The specifics of your case will determine the best strategy to use in defending against concealed weapon charges in Colorado.

The following are common defenses but are by no means exhaustive:

  • You had a legal concealed carry permit at the time of the alleged conduct
  • The weapon was discovered as a result of an unauthorized search and seizure
  • When the alleged violation occurred, you were on your own property, and you legally used the weapon to protect your house, yourself, or your property
  • You were carrying the firearm while operating a private motor vehicle and needed it for the defense of yours or another person’s property (unless you were charged with drinking and driving)
  • Your knife’s blade was shorter than 3 1/2 inches

Our team of criminal defense attorneys can create a strong defense strategy to help you get your charges dismissed or reduced. Call today.

Colorado Revised Statutes, C.R.S 18-12-105:

(1) A person commits a class 1 misdemeanor if such person knowingly and unlawfully:

(a) Carries a knife concealed on or about his or her person; or

(b) Carries a firearm concealed on or about his or her person; or

(c) Without legal authority, carries, brings, or has in such person’s possession a firearm or any explosive, incendiary, or other dangerous device on the property of or within any building in which the chambers, galleries, or offices of the general assembly, or either house thereof, are located, or in which a legislative hearing or meeting is being or is to be conducted, or in which the official office of any member, officer, or employee of the general assembly is located.

(d) (Deleted by amendment, L. 93, p. 964, § 1, effective July 1, 1993.)

(2) It shall not be an offense if the defendant was:

(a) A person in his or her own dwelling or place of business or on property owned or under his or her control at the time of the act of carrying; or

(b) A person in a private automobile or other private means of conveyance who carries a weapon for lawful protection of such person’s or another’s person or property while traveling; or

(c) A person who, at the time of carrying a concealed weapon, held a valid written permit to carry a concealed weapon issued pursuant to section 18-12-105.1, as it existed prior to its repeal, or, if the weapon involved was a handgun, held a valid permit to carry a concealed handgun or a temporary emergency permit issued pursuant to part 2 of this article; except that it shall be an offense under this section if the person was carrying a concealed handgun in violation of the provisions of section 18-12-214; or

(d) A peace officer, as described in section 16-2.5-101, C.R.S., when carrying a weapon in conformance with the policy of the employing agency as provided in section 16-2.5-101 (2), C.R.S.; or

(e) (Deleted by amendment, L. 2003, p. 1624, § 46, effective August 6, 2003.)

(f) A United States probation officer or a United States pretrial services officer while on duty and serving in the state of Colorado under the authority of rules and regulations promulgated by the judicial conference of the United States.

Charged With Unlawfully Carrying a Concealed Weapon — Unlawful Possession of Weapons in Colorado?

You should be aware that this is a severe violation for which you might face jail time or possibly prison. You will also have to forfeit the weapon seized. For you to be found guilty, the prosecutor must prove beyond a reasonable doubt that you intended to carry a knife or firearm concealed on your person without a current and valid permit. There are several ways to refute this accusation.

To do so, you need an understanding of how the law works and what a Colorado Defense Attorney needs to show to defend you properly against a charge like this. For guidance on how to proceed, get in touch with a Colorado criminal defense attorney at Right Law Group.

 

Don’t let one wrong decision impact your life, job or freedom.

Call today for a free case evaluation.

Colorado criminal procedure

  • Arrest or
    Summons
    01

    Arrest or
    Summons

    The process begins with either an arrest or a summons. The accused is either arrested or served with paperwork summoning them to appear in court. During an arrest, Miranda rights may or may not be read to you. Officers are only required to recite your rights if they intend to question you about potentially incriminating things.

  • Bond Hearing
    02

    Bond Hearing

    In most cases, you're entitled to have a reasonable bond set after you've been arrested. In situations involving domestic violence, the police will request input from the victim before setting a bond. Bonds are set to ensure that a person appears in court at their court dates. If they don’t show up, they forfeit the money that was paid for the bond.

  • Advisement of
    Charges
    03

    Advisement of
    Charges

    Whether you are arrested or given a summons to appear, the court must make sure you understand what crimes you are being accused of committing. This is called advisement of charges. The District Attorney will detail the specific charges against you, and the Judge has to make sure you understand what possible penalties are associated with that charge in the state.

  • Preliminary Hearing
    (for Higher Felony
    Charges)
    04

    Preliminary Hearing
    (for Higher Felony
    Charges)

    A preliminary hearing is a way for your defense attorney to challenge the District Attorney’s right to bring charges against you by making them prove that there is reason to believe you committed a crime. The Judge is not deciding your guilt or innocence, but rather whether or not there is probable cause to charge you with the crime in question.

  • Pretrial Conference /
    Disposition
    Hearing
    05

    Pretrial Conference /
    Disposition
    Hearing

    This court date comes after your attorney has reviewed all of the reports and evidence in your case. Here’s where your attorney will engage in plea negotiations with the DA. If they can reach an agreement on the case, you may be able to take a plea bargain. If they cannot reach a resolution, your case will be set for an arraignment or trial date.

  • Arraignment
    06

    Arraignment

    An arraignment is the final date for you to decide how you choose to plea. Guilty or not guilty. If you plead guilty, then the case is set for a sentencing date. If you plead not guilty, you and your attorney will then set the case for trial.

  • Motions Hearing
    07

    Motions Hearing

    A motion hearing is when an attorney makes a request that requires a decision from the judge. For example, motions to suppress evidence or statements. These motions can limit the information that goes before a jury if it benefits your case, and there are legal grounds for doing so.

  • Pretrial Readiness
    Conference
    08

    Pretrial Readiness
    Conference

    A pretrial readiness conference is held at some point before trial. It usually is held about a week to a month before the date trial is set to begin. This court date ensures everyone is ready to go to trial on the set date. It is also a time for lawyers to bring up any issues they may have to be addressed before the day of trial.

  • Jury Trial
    09

    Jury Trial

    After a jury is selected for trial, the District Attorney’s responsibility is to present the case to the jury. The DA must prove beyond a reasonable doubt that you are guilty of the crime. Otherwise, the jury must find you innocent. Your attorney will be able to cross-examine all of the witnesses, present evidence, and ultimately help you navigate this process.

  • Sentencing
    Date
    10

    Sentencing
    Date

    At sentencing, the Judge must decide the appropriate legal penalty for the crime you plead guilty. The Judge’s decision is based on the listed penalties for the specific charge, recommendations from the presentence investigation, your criminal history, as well as statements made at the sentencing by the District Attorney, your attorney, you, and any named victims of the crime.

Frequently Asked Questions

What are the requirements for getting a concealed weapon permit in Colorado?

To name a few requirements, you must:

  1. Present a firearms signed training certificate from a handgun training class or safety course led by a licensed instructor within the previous ten years
  2. Be at least 21 years old
  3. Be able to show evidence of experience with handgun competency
  4. Have never been found guilty of perjury in connection with a completed application for a permit
  5. Successfully pass an FBI fingerprint check and criminal history background check

How does Colorado define a dangerous weapon?

As used in C.R.S 18-12-105, in Colorado, a “dangerous weapon” is defined as many things including:

  • Firearm silencer
  • Machine gun
  • Short shotgun
  • Short rifle
  • Ballistic knife

When is it legal to carry concealed weapons in Colorado without a permit?

There are several circumstances where this is permissible:

  1. You are on property that you own or manage like your home or place of business
  2. You are carrying a hunting or fishing knife on official hunting or fishing excursion where you are legally allowed to hunt
  3. You are an active U.S. probation officer or pretrial services officer working in Colorado per guidelines established by the U.S. Judicial Conference