Possession of Handgun by Juvenile

Possession of a Handgun by a Juvenile Colorado Attorney

It is unlawful for any person below the age of 18 to knowingly possess a handgun on his or her person, except for the exceptions listed below. Illegal possession of a handgun by a juvenile is a Class 2 misdemeanor (possible conviction of three to 12 months in Colorado county jail). If there are further possession offenses, each subsequent offense is a Class 5 felony (six months to four years in Colorado Department of Corrections, and limiting firearm rights later in life). When arrested for possession of a handgun, the juvenile will be taken into temporary custody to determine if additional detention is needed. The detention facility will contact the parents or guardians of the juvenile and inform them of the circumstances, and a detention hearing will take place within 48 hours (unless detainment happened near the weekend or a holiday). Section 18-12-108.5, C.R.S. Fortunately there are exceptions to juveniles being in possession of a handgun.

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The exceptions to juvenile handgun possession:

  • The juvenile is practicing at a shooting range or similar location where the discharge of firearms is not prohibited
  • The juvenile is attending a hunter safety or firearm safety course
  • The juvenile is on his or her parents' property and the parents know about the handgun
  • The juvenile is legally going hunting
  • The juvenile is defending himself or herself against an unlawful intruder using a handgun

When traveling between locations such as the home and firearm safety course, the juvenile's handgun must be unloaded, with ammunition not easily accessible. Meaning if the handgun is a revolver, it must be completely unloaded.

Possession of Handguns by Juveniles Denver Lawyer

Similar to a minor in possession of alcohol, possession of a handgun by a juvenile is a "status" offense, a crime that only exists as a minor, and would not constitute a crime if conducted by an adult. Colorado juvenile handgun possession of this nature is affected by many additional factors. If you are accused of juvenile possession of a handgun, you should be prepared with a lawyer accomplished in firearm law.

We have seen a lot of changes happen with Colorado law over the years. Practicing in Adams, Arapahoe, Denver, Douglas, Jefferson and every other Colorado county for more than 18 years, we are experienced Colorado attorneys prepared to fight for your innocence. If you or a loved one has been contacted by the police regarding juvenile possession of a handgun, be smart, exercise the right to remain silent and contact O'Malley Law Office, P.C., at 303-731-0719. Together, we can protect your future.

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