Colorado statute CRS 18-12-105.5—known as unlawfully carrying a weapon on school grounds—is a Class 6 felony punishable by up to 1 ½ years in prison and/or a fine up to $100,000. It is defined as the unlawful possession of a deadly weapon on school property without property authority.
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.
| Charge | Classification | Penalty |
|---|---|---|
| Unlawful possession of a deadly weapon on school grounds | Felony |
|
| (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:
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:
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.
Colorado criminal law defines deadly weapons as:
No. A concealed carry handgun permit alone will not authorize you to enter a Colorado school with a weapon. If you do bring a handgun onto school property, it must be concealed in your vehicle, in a compartment with the vehicle doors locked. There are very few exceptions to this law.
In most cases, individuals who are authorized to have weapons on school property can include:
