There are many laws in effect today in Weld, Morgan, and Logan County which never would have been around a few generations ago. This is because our rights and freedoms are slowly but surely being taken away, like a frog boiling in a pot of water. One of these laws is Possession of a Weapon by a Previous Offender. Let’s take a look at this crime and why it’s an infringement on Constitutional rights.
Two Basic Rights in the United States
There are two basic rights that have been assumed in the past: The rights to carry a gun and defend yourself and the ability to have a normal life after you have paid your dues for a crime (jail or prison time, probation, etc.). This law infringes on both these rights.
What is Possession of a Weapon by a Previous Offender?
Possession of a Weapon by a Previous Offender – C.R.S. 18-12-108, makes it illegal for any person in Greeley, Evans, Erie, or anywhere in Colorado to possess a firearm if they have a felony conviction in their past. This includes adult felony convictions and juvenile felony adjudications. This law doesn’t take any of the following circumstances into account:
- Whether or not the felony conviction was a result of a violent offense
- Whether or not the felony conviction was related to a weapons offense
Because Linda helped embezzle money over 50 years ago, she can’t own a gun to protect herself now. This is unjust.
Why this Law is Unjust and Ridiculous
The general public sees a law like this and thinks: “Of course! Lawbreakers shouldn’t be able to own a gun. This is a great law.” Unfortunately, they don’t consider just how ridiculous this law can get. Let’s say a young woman named Linda helped her then-boyfriend embezzle money from a bank in the 60’s. She was convicted of felony Forgery – C.R.S. 18-5-102, and spent time in prison. She got out on parole, and has lived a normal, law-abiding life since. Now, she lives alone in Greeley. There have been break-ins in her neighborhood recently. So, she wants to buy a gun to protect herself. Unfortunately, this is impossible, because it is illegal to possess a firearm if you have a felony conviction in your past. This is true even if it was a non-violent offense that took place over 50 years ago. This is wrong. Once a person has completed their prison time and parole for committing an offense, they need to be granted a fresh start, not denied basic rights for the rest of their lives.
Why Does this Law Exist in Colorado?
Unjust laws like Possession of a Weapon by a Previous Offender exist because people don’t take the time to understand issues like gun control. They think that taking away a person’s right to bear arms will keep the public “safe.” They take good ideas (such as not allowing felons who committed violent, gun-related offenses to own guns), and make them overly broad “just in case,” to cover all their bases. And, politicians love to promote laws like this because they’ll appear “tough on crime.” Our criminal justice system is unjust and Unconstitutional in many ways.
Charged with a Felony? Why You Need a Lawyer
If you have a ticket for a felony and you value your right to bear arms, you need to contact a knowledgeable, passionate criminal defense attorney immediately. Here at the O’Malley Law Office, we firmly believe in a person’s right to defend themselves. We know the consequences of a felony conviction, and we fight hard for the rights and freedoms of our clients. Getting your case dismissed is our top priority.
If you or a loved one faces charges of Possession of a Weapon by a Previous Offender, be smart and exercise your right to remain silent. Then, contact an experienced criminal defense attorney at the O’Malley Law Office for a free consultation at 970-616-6009. Together, we can protect your future.
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