CRS 18-12-105.5

Charge	Classification	Penalty
Unlawful possession of a deadly weapon on school grounds	Felony	Class 6 – $1,000 to $100,000 fine; 1 to 1 ½ years incarceration
(Colo. Rev. Stat. § § 18-12-105.5.)

Are you facing weapons charges on school grounds? You’re in a tough spot, but you may have options. You can’t be convicted until the prosecution can prove you are guilty of the charges beyond a reasonable doubt.

They’ll have to prove the following elements:

That the defendant,
in the State of Colorado, at or about the date and place charged,
knowingly and unlawfully,
without legal authority,
carried, brought, or had in his/her possession a
deadly weapon, in or on the real estate and all improvements erected thereon, of any public or private elementary, middle, junior high, high school, vocational school, or any public or private college, university, or seminary.

With that in mind, a Colorado Springs criminal defense lawyer may be able to help you get your charges dropped or reduced by providing the following defenses:

You had a small, legal knife (like a pocket knife) and did not intend to use it as a weapon
You did not know you had the weapon with you
You did not know you were on school grounds
The weapon was in your car at all times
You were legally permitted to bring the weapon onto school grounds
The weapon was discovered during an illegal search and seizure, violating your Fourth Amendment rights

No matter the gravity of your charges, you have the right to a strong defense. Contact our criminal defense attorneys today to discuss your options.

18-12-105.5. Unlawfully carrying a weapon – unlawful possession of weapons – school, college, or university grounds

1) A person commits a class 6 felony if such person knowingly and unlawfully and without legal authority carries, brings, or has in such person’s possession a deadly weapon as defined in section 18-1-901 (3) (e) in or on the real estate and all improvements erected thereon of any public or private elementary, middle, junior high, high, or vocational school or any public or private college, university, or seminary, except for the purpose of presenting an authorized public demonstration or exhibition pursuant to instruction in conjunction with an organized school or class, for the purpose of carrying out the necessary duties and functions of an employee of an educational institution that require the use of a deadly weapon, or for the purpose of participation in an authorized extracurricular activity or on an athletic team.

(2) (Deleted by amendment, L. 2000, p. 709, § 45, effective July 1, 2000.)

(3) It shall not be an offense under this section if:

(a) The weapon is unloaded and remains inside a motor vehicle while upon the real estate of any public or private college, university, or seminary; or

(b) The person is in that person’s own dwelling or place of business or on property owned or under that person’s control at the time of the act of carrying; or

(c) The person is in a private automobile or other private means of conveyance and is carrying a weapon for lawful protection of that person’s or another’s person or property while traveling; or

(d) The person, 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 said section existed prior to its repeal; 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 (3); or

(d.5) The weapon involved was a handgun and the person 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 (3); or

(e) The person is a school resource officer, as defined in section 22-32-109.1 (1) (g.5), C.R.S., or 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

(f) and (g) (Deleted by amendment, L. 2003, p. 1626, § 51, effective August 6, 2003.)

(h) The person has possession of the weapon for use in an educational program approved by a school which program includes, but shall not be limited to, any course designed for the repair or maintenance of weapons.

Your charges carry hefty penalties and collateral consequences that can stick with you for life. The best thing you can do to protect your rights and freedoms is to contact a dedicated Colorado criminal defense lawyer. Reach out to our attorneys at Right Law Group to discuss your case.

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Colorado Unlawful Possession of Weapons on School Grounds

Penalties for Possessing a Deadly Weapon at School

Possible Defenses for Possessing a Deadly Weapon on School Grounds

Colorado Revised Statutes, CRS 18-12-105.5:

Have You Been Charged or Arrested for Possession of a Weapon on School Grounds in Colorado Springs or El Paso County?

FAQ: Colorado Unlawful Possession of Weapons on School Grounds

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