Free Initial Consultation
South Denver: 303-731-0719
North Denver: 303-916-9006
Toll free: 866-365-9351
COVID-19 RESPONSE: We are open and available to meet with you in-person or via phone / video conference. Click our number to connect with an attorney.


Firearms - Possession of Weapon by Previous Offender, Lawyer

Recently, I was asked to comment on the interplay between the Affirmative Defense of Self Defense, the constitutional provisions permitting possession of firearms for defense of one's home, person and property, and C.R.S. 18-12-108, Possession of a Weapon by Previous Offender "POWPO". Possession of a Weapon by Previous Offender, or POWPO, involves a convicted felon (either from a juvenile adjudication or an adult felony conviction), who possesses a firearm in Adams, Arapahoe or Broomfield County. It is a felony for the felon to possess firearms.

In 1977, in People v. Ford, the Colorado Supreme Court ruled that a person with a POWPO charge can raise the affirmative defense of protection of home, person and property as a valid defense in Montezuma County, Archuleta County, La Plata County, and all over Colorado. If the person charged can convince the jury that he truly possessed the firearms / gun for defense, it is a valid defense to Possession of a Weapon by Previous Offender charges. This is possible because the state constitution is more powerful than a state statute. That is always the case. If a statute conflicts with the Colorado Constitution, the statute is ruled unenforceable and unconstitutional as applied. Constitutional provisions are more difficult to add and amend, and are the supreme law of the land.

While this defense is the law, we still see police officers charging felony Possession of a Weapon by a Previous Offender, when a felon has guns / firearms in their possession at home for defense. This is not an isolated case, either. We regularly see an arrest for Concealed Weapon's Charges under C.R.S. 18-12-105, when police find a gun in a car in places like Denver, Jefferson and Douglas County. This occurs despite language in the statute which says it is not a crime to conceal a weapon in your car if you are doing so for "protection" while traveling.

Police should learn the law and not be afraid to exercise discretion in following the law. The problem today is that everyone in the court system is afraid of their own shadow. Particularly in firearms, sex and domestic violence cases, they are afraid they will do the right thing and then get blamed when someone later offends. So, they require high bond, strict supervision and charge everyone hoping to never have to worry about someone saying they could have done more.

If you are a felon and charged with Possession of a Weapon by Previous Offender, you have solid defenses. So, be smart, exercise your right to remain silent, and call the experienced criminal defense lawyers at the O'Malley Law Office, P.C., today. Together, we can protect your future.

No Comments

Leave a comment
Comment Information
Facing Charges? Get Help Now!


Tell us about your case and one of our experienced attorneys will get back to you promptly.

Bold labels are required.

Contact Information

The use of the Internet or this form for communication with the firm or any individual member of the firm does not establish an attorney-client relationship. Confidential or time-sensitive information should not be sent through this form.


Privacy Policy

This site uses Google's Invisible reCAPTCHA, which is subject to Google's Privacy Policy and Terms of Use.

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.

24 hour emergency service Same-day jail visits Free initial consultation Reasonable fees Flexible payment plans

Call Toll free: 866-365-9351 South Denver: 303-731-0719 North Denver: 303-916-9006 Email us

Privacy Policy | Business Development Solutions by FindLaw, part of Thomson Reuters.