Weapons Charges Defense in Colorado

In limited situations, yes. C.R.S. 18-12-108(3)(b) lets a person whose disqualifier was a juvenile adjudication petition the court for an order finding that the previous-offender bar does not apply, if the court finds good cause by a preponderance of the evidence. A separate provision, 18-12-108(3.5), allows a petition ten years after the final disposition or the end of supervision for a first-degree motor vehicle theft disqualifier. These petitions are narrow and fact-specific. They do not erase the underlying conviction; they address only whether the possession bar continues to apply to that person.

No. The felony class for possession of a weapon by a previous offender does not change based on the type of prior conviction. Under C.R.S. 18-12-108(2), the offense is a class 5 felony whether the disqualifying prior was a violent felony, a drug felony, or another qualifying felony, and whether the person has one prior or many. What can change is the sentence within the class: if the weapon was used or threatened in another crime, the person becomes ineligible for probation and must go to the Department of Corrections. Older summaries describing a class 6, class 4, or class 3 POWPO tier reflect a repealed version of the statute.

Weapons Charges (POWPO) cases in Englewood are handled by the Arapahoe County Combined Court, which sits in the 18th Judicial District. As a combined court, it hears both county-court and district-court matters.

Yes. Under C.R.S. 18-12-108, possession of a weapon by a previous offender, often shortened to POWPO, is a single class 5 felony. That classification applies to any qualifying prior felony, regardless of the type of prior conviction, the kind of weapon, or whether the person has one prior or several. Colorado previously used a tiered structure that raised the felony class for certain priors or repeat offenses, but that tiering no longer exists. A class 5 felony carries a presumptive one to three years in prison, two years of mandatory parole, and a fine of $1,000 to $100,000.

Right Law Group's guide explains: "Right Law Group, a leading Colorado Springs criminal defense law firm, is providing guidance for residents following the recent signing of four new gun laws by Colorado Governor Jared Polis."

Right Law Group's guide explains: "Though it can happen in the blink of an eye, the consequences of committing a crime with a deadly weapon can last a lifetime."

Transferring a firearm through a private sale without the required background check violates C.R.S. 18-12-112. A violation is a class 2 misdemeanor, punished under C.R.S. 18-1.3-501, which currently carries up to 120 days in jail and a fine of up to $750. A conviction also prohibits the person from possessing a firearm for two years from the date of conviction. This private-transfer offense is separate from violations tied to licensed dealers. Summaries labeling a private-transfer violation a class 1 misdemeanor with up to eighteen months in jail describe the pre-2022 classification.

A conviction under C.R.S. 18-12-108 for possession of a weapon by a previous offender is a class 5 felony. The presumptive sentence is one to three years in the Department of Corrections, followed by two years of mandatory parole, plus a possible fine of $1,000 to $100,000. Probation is available in many cases. The exception is significant: if the firearm was used or threatened during the commission of another crime, the person is not eligible for probation or any alternative sentence and must be sentenced to the Department of Corrections. A separate crime-of-violence finding on a related charge can raise the exposure further.

Adams County falls within the 17th Judicial District, and Weapons Charges (POWPO) cases there are heard in the Adams County Justice Center.

Possession of a weapon by a previous offender is generally probation-eligible as a class 5 felony. C.R.S. 18-12-108(2) sets one hard exception: if the person used or threatened the use of the firearm in the commission of another crime, probation and any alternative sentence are unavailable, and the court must impose a Department of Corrections sentence. Absent that circumstance, a sentencing judge can consider probation, community corrections, or a prison term within the one-to-three-year presumptive range. Whether the used-or-threatened exception applies is often a contested factual question that turns on the conduct charged alongside the weapons count.

Weapons Charges (POWPO) cases connected to Adams County are heard in the Adams County Justice Center, part of the 17th Judicial District.

In Denver County, Weapons Charges (POWPO) charges are handled through the Denver County Court & District Court, part of the 2nd Judicial District. Misdemeanor-level matters are heard on the county-court side and felony-level matters on the district-court side of the same courthouse.

Weapons Charges (POWPO) charges in Adams County are prosecuted by the 17th Judicial District Attorney's Office, the elected District Attorney for the 17th Judicial District.