Weld County Lawyer for Possession of Weapons By Previous Offenders

Read more about the crime Possession of Weapons by a Previous Offender and how it is charged in Greeley and across Weld County.

When someone is convicted for a felony in Weld County, or for an attempt to commit a felony, they’re not allowed to own or possess any sort of firearm. When they do, this is known as Possession of Weapons by Previous Offenders. It is a motivating law to encourage felons to avoid criminal activity, and to avoid dangerous situations. By prohibiting their use of firearms, even for felons convicted of non-violent and crimes that were not gun related, this law infringes upon people’s second amendment rights.

Possession of Weapons by Previous Offenders, C.R.S. 18-12-108, Definition in Greeley

In Greeley, Possession of Weapons by Previous Offenders, C.R.S. 18-12-108, is when:

A 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.

To simplify, if someone has been convicted of a felony previously, they are not allowed to own guns, firearms, or ammunition. So, if the past offender is caught possessing a gun or firearm, police can charge them with this crime.

Sentence for Possession of Weapons by Previous Offender in Longmont, Milliken, and Evans

When someone has been convicted for Possession of Weapons by Previous Offender in Longmont, Milliken, and Evans, they will be sentenced to another felony. They face either a class 6 felony or a class 5 felony. Either option could land a person in the Colorado Department of Corrections. As is, a person would likely be charged with a class 6 felony.

It will elevate to a class 5 felony when the weapon they had is considered dangerous. A dangerous weapon is any firearm silencer, machine gun, short shotgun, short rifle, or ballistic knife. Even just having a dangerous weapon is grounds for a class 5 felony conviction. Additionally, POWPO is also a class 5 felony when the previous conviction was for: Burglary, Arson, or any felony involving the use of force or use of a deadly weapon. And, when an offender is convicted of the class 5 felony for either of these reasons, their sentencing will be consecutive with any other prior sentences. Meaning, if the offender is also being sentenced for felony Menacing, they will serve their full sentence for their menacing conviction, and then they can begin their sentence for Possession of Weapons by Previous Offenders.

Colorado Law’s Definition of a “Firearm” for Weld County Residents

When someone has been convicted of a felony in Weld County in the past, it is good to familiarize yourself with Colorado Law’s definition of a “firearm.”

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

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.

This definition is very specific and does not allow much wiggle room for those accused of Possession of Weapons by Previous Offenders in Weld County.

Accused of Possession of Weapons by Previous Offenders in Greeley or Weld County?

If you’re facing allegations of Possession of Weapons by Previous Offenders in Greeley or Weld County, you need to hire an experienced criminal defense attorney immediately. When another felony conviction is on the line, you need serious help from a criminal defense attorney with plenty of experience. You don’t want to risk your future with someone new or unfamiliar with the workings of the legal system.

Call 970-616-6009 or fill out the Get Help Now form to schedule a free consultation with an experienced criminal defense attorney in the Greeley and Weld County area today. Together, we can protect your future.