Possession of a Firearm by a Previous Offender Attorney in Weld County
Charged with Possession of a Weapon by a Previous Offender?

Have you been accused of Possession of a Weapon by a Previous Offender in Weld County? Call O’Malley Law Office at 970-616-6009.

What is the Definition of Possession of a Firearm by a Previous Offender, C.R.S. 18-12-108 in Greeley, Colorado?

In Greeley, Possession of a Gun or Firearm by a Previous Offender, C.R.S. 18-12-108, occurs when:

A person knowingly possesses, uses, or carries upon his or her person a firearm as described in section 18-1-901 (3)(h) or any other weapon that is subject to the provisions of this article subsequent to the person’s conviction for a felony, or subsequent to the person’s conviction for attempt or conspiracy to commit a felony, under Colorado or any other state’s law or under federal law.

Simply put, a convicted felon is not allowed to own guns, firearms, or ammunition. They can’t even touch them.  If the offender is caught having a gun or firearm too close to them, they can be charged with this crime.  Imagine a probation officer coming to search the home of a probationer, and they find a firearm.  If someone else who lives there does not “possess” it, the probationer will be charged. If a spouse keeps a handgun in their nightstand. What if they have a shotgun for hunting in a common closet?  How about a gun display hanging on the wall?  Each of these examples can get you charged with another felony and sent to prison in Greeley.

Weld County’s Definition of a Firearm – C.R.S. 18-1-901 3(h) – for Gun Possession by a Felon

According to C.R.S. 18-1-901 3(h), a firearm is defined as:

Any handgun, automatic, revolver, pistol, rifle, shotgun, or other instrument or device capable or intended to be capable of discharging bullets, cartridges, or other explosive charges.

What is the Sentence for Possession of Weapons by Previous Offenders in Greeley, Colorado?

In Greeley, Colorado, Possession of a Weapon by Previous Offender can be classified either as a class 6 felony or as a class 5 felony. If the defendant had what was considered a ‘dangerous weapon’ they would be charged with the class 5 felony. They could also be charged with a class 5 felony if the previous conviction was considered a violent offense. Otherwise, Possession of Weapons by Previous Offenders will typically be sentenced as a class 6 felony. The punishment for a class 6 felony is a fine between $1,000 to $100,000, 18 months to 1 year in the DOC prison system and 1 year of parole. The punishment for a class 5 felony is a fine between $1,000 to $100,000, 1 to 3 years in the Department of Corrections and 2 years of parole.

What are Defenses to a Possession of a Weapon by Previous Offender Charge in Weld County?

In Weld County some defenses to a Possession of Weapons by a Previous Offender Charge are:

  • The weapon did not belong to you – it is owned by my spouse
  • You did not know the weapon was in your possession
  • The weapon was not a firearm
  • The weapon was only for the constitutionally protected purpose of defending your home, person, or property (possible, but not guaranteed to work as a defense)
  • The weapon was discovered during an illegal search and seizure

If you have a felony and your spouse or roommate wants to have a gun, it is always best to have them keep the gun locked in a safe which you don’t have access to.  Even a small locked steel safe under a nightstand or in a closet could keep you out of prison.

Have you been accused of Possession of a Weapon by a Previous Offender in Greeley or Weld County? Exercise your right to remain silent. Call our skilled defense attorneys at the O’Malley Law Office. Call 970-616-6009 to meet with an experienced criminal defense lawyer in Weld County and downtown Greeley for a free consultation. Together, we can protect your future.

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