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Possession of a Weapon by a Previous Offender Attorney in Denver

possession-of-weapon-previo.jpgHave you ever wondered what criminal conduct qualifies a person for Possession of a Weapon by a Previous Offender (C.R.S. 18-12-108) charges in Denver, Arapahoe, and Douglas County? The easiest answer is: when a person is convicted of any felony, or, a misdemeanor involving both physical violence and an underlying factual basis of domestic violence (C.R.S. 18-6-800.3). These persons are not allowed to possess firearms.

Felony Convictions and Firearms

A person could have a conviction of Theft (C.R.S. 18-4-401), Second Degree Assault (18-3-203), or even False Imprisonment (C.R.S. 18-3-303) and would no longer be permitted to possess firearms in the state of Colorado. In fact, any felony conviction, in any state or federal jurisdiction, would qualify under Colorado's law prohibiting gun ownership and use. For purposes of Colorado law, it does not matter if you live in Adams, Jefferson, or Boulder County, if you are convicted of any felony and you possess a gun, you could face charges of Possession of a Weapon by a Previous Offender.

Misdemeanor Domestic Violence Convictions and Weapon Possession

In order for a person to lose their right to bear arms in Colorado for a misdemeanor conviction, that conviction must have two specific parts. First, the conviction must have an underlying factual basis of domestic violence in Larimer, El Paso, and Weld County. Second, the conviction must be based upon a violent act. Now, as illogical as it may sound, not every domestic violence conviction is considered a violent crime. Crimes like assault and harassment (C.R.S. 18-9-111 (1)(a)) are obviously violent and would qualify under the statute. If the crime is non-violent, then the person should still be able to own a firearm. If you have been denied the ability to purchase a firearm, contact our Denver area criminal defense attorneys to discuss any remedies you may have.

Restoring Rights in Colorado regarding Gun Ownership

I often get the question of whether a person who has a 10, 15, or even 20 year old felony conviction can have their gun rights restored. The plain answer is that Colorado law does not allow for the restoration of gun rights. Other states may provide for a restoration of rights, but our great state does not.

If you or a loved one is facing a felony charge of Possession of a Weapon by a Previous Offender, be smart, exercise your right to remain silent, and call us today at 303-731-0719. Together, we can protect your future.

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Case Results:

  • Sexual Assault and Rape charges related to divorce. Acquittal from jury trial. Weld County, Greeley, Colorado.
  • Sexual Assault on a Child, Possession of Child Pornography. Acquittal from jury trial. Jefferson County, Golden, Colorado.
  • Arson of Nursing Home. Dismissed by Court on Defendant's Motion to Dismiss. Jefferson County, Golden, Colorado.
  • Felony Drug Distribution. Acquittal from jury trial. Boulder County, Boulder, Colorado.
  • Rape and Sexual Assault charges involving divorce and child custody. Acquittal from jury trial. Douglas County, Castle Rock, Colorado.
  • Burglary and Felony Theft. Dismissed by District Attorney. Arapahoe County, Englewood, Colorado.
  • Theft of Drugs by Nurse. Dismissed by District Attorney. Jefferson County, Golden, Colorado.
  • Sexual Assault on a Child, Position of Trust. Acquittal from Jury Trial. Adams County, Brighton, Colorado.
  • Domestic Violence. Dismissed by District Attorney. Douglas County, Castle Rock, Colorado.
  • Violation of Restraining Order. Dismissed by District Attorney. Douglas County, Castle Rock.

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