CRS 18-12-105. Unlawfully carrying a concealed weapon

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)

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.

(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.

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.

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CRS 18-12-105

Unlawfully Carrying a Concealed Weapon — Unlawful Possession of Weapons

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

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

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

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

FAQ: Colorado Concealed Weapon — Possession of Weapons Charge

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