Possession of Weapons by Previous Offenders
“POWPO” Charge in Greeley, Colorado

Facing a Possession of Weapons by Previous Offenders charge in Greeley, Colorado. Call a full-time defense lawyer at 970-616-6009.

A criminal charge of Possession of Weapons by Previous Offenders in Greeley involves possession of a gun or firearm, following a permanent conviction for any felony.  The law prohibits any possession of a firearm or gun by a felon – even after a substantial period of time has passed since your prior conviction. This is a lifetime prohibition. There is no requirement that a gun was involved in the original felony.

What is the Colorado Law Definition of “Firearm”?

As stated in 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.

Please note that this definition includes firearms used in hunting.  It is common that hunters desire to continue their sport following a felony conviction, but the law does not grant any exception for hunting.

What is the Legal Definition of Possession of Weapons by Previous Offenders, C.R.S. 18-12-108, in Greeley and Evans?

Possession of Weapons by Previous Offenders, definition under C.R.S. 18-12-108, is when someone:

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.

Colorado Sentence for Possession of Weapons by Previous Offender, or POWPO

If an individual is convicted for Possession of Weapons by Previous Offender, or POWPO, they will face sentencing for another, separate felony.  Possible sentences include either a class 5 felony or a class 6 felony, depending on what the underlying felony was for burglary, arson or involved force or a deadly weapon.  There is also a substantial requirement that any sentence for POWPO will be served consecutively, and not concurrently.

What is a Dangerous Weapon Under Colorado Law?  Colorado’s Definition

The Colorado Dangerous Weapon definition is any firearm with a silencer; a machine gun, a short shotgun, a short rifle, or a ballistic knife.  If your POWPO case involves a dangerous weapon, that will elevate the case from a class 6 felony to a class 5 felony.

A large number of people who get felonies don’t realize that they can never possess a gun or firearm again.  The best time to fix this potential problem is when you are in court at the time of the original felony.  You usually cannot fix it later, so be very careful what you take a plea to.  ALWAYS consult with a full-time criminal defense lawyer about your options BEFORE taking a felony plea.  Many full-time defense attorneys are able to work with defendants and find creative options other than a felony conviction.

Call a full-time defense lawyer at 970-616-6009 or fill out the Get Help Now form to schedule a free consultation. Our Greeley and Weld County lawyers are waiting for your call today.  Together, we can protect your future.

Image by Marcus Trapp from Pixabay