Weld County Attorney for Possession of a Dangerous or Illegal Weapon Charges
Greeley, Windsor, and Erie Police take weapon-related crimes very seriously. While carrying a gun is legal with the proper permit (see our Concealed Carry page), there are certain weapons the government has deemed illegal or dangerous, making it against the law to possess them and could get a person charged with Possession of a Dangerous or Illegal Weapon.
What Are Dangerous Weapons?
One of the two categories defined in C.R.S. 18-12-102 is Dangerous Weapons. According to the statute, Dangerous Weapons include:
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Dangerous Weapons |
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any instrument, attachment, weapon, or appliance for causing the firing of any gun, revolver, pistol, or other firearm to be silent or intended to lessen or muffle the noise of the firing of any such weapon |
| Machine Gun |
any firearm, whatever its size and usual designation, that shoots automatically more than one shot, without manual reloading, by a single function of the trigger |
| Short Shotgun |
a rifle having a barrel less than sixteen inches long or an overall length of less than twenty-six inches |
| Ballistic Knife | any knife that has a blade which is forcefully projected from the handle by means of a spring-loaded device or explosive charge. |
Possessing a Dangerous Weapon is a felony in Weld, Morgan, and Logan County. For a first offense, this crime is charged as a class 5 felony. If it is a second or subsequent offense, Possession of a Dangerous Weapon is charged as a class 4 felony.
What are Illegal Weapons?
The second category addressed in C.R.S. 18-12-102 is Illegal Weapons. Colorado law defines the following weapons as Illegal Weapons:
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Illegal Weapons |
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| Blackjack |
any billy, sand club, sandbag, or other hand-operated striking weapon consisting, at the striking end, of an encased piece of lead or other heavy substance and, at the handle end, a strap or springy shaft which increases the force of impact |
| Gas Gun |
a device designed for projecting gas-filled projectiles which release their contents after having been projected from the device and includes projectiles designed for use in such a device |
| Metallic Knuckles |
a band of metal with four holes that fits over the upper fingers and that is gripped when a fist is made, used for increasing the effect of a blow with the fist |
| Gravity Knife |
any knife that has a blade released from the handle or sheath thereof by the force of gravity or the application of centrifugal force |
| Switchblade Knife |
any knife, the blade of which opens automatically by hand pressure applied to a button, spring, or other device in its handle |
As a lesser offense, Possessing an Illegal Weapon is a class 1 misdemeanor.
Effects of a Possessing a Dangerous or Illegal Weapon Conviction
Depending on the weapon, Possession of a Dangerous or Illegal weapon can be charged as a felony or misdemeanor:
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Dangerous Weapon |
Illegal Weapon |
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| Charged as: |
*First Offense: Class 5 felony |
Class 1 misdemeanor |
| Sentence: |
*First Offense: 1 to 3 years in the Department of Corrections |
6 to 18 months in the Weld County Jail |
Beyond the punitive consequences, a weapons charge can affect your future in the housing and job market. When a prospective employer or landlord runs a background check, you may be instantly eliminated as a candidate if you have a felony or misdemeanor conviction on your record. The best criminal defense attorneys like those from the O’Malley Law Office can help eliminate the effects of a harmful criminal history. We work in advance of trial or a plea agreement to fight exaggerate charges and give our clients the protection they need.