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Possession of a Weapon by Previous Offender Lawyer – Can a Felon Possess a Gun or Firearm?

| Jul 7, 2016 | Possession of a Weapon by Previous Offender |

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

Following any felony conviction, including conspiracy or attempt to commit any felony, the convicted person can no longer possess a gun or firearm. This includes any juvenile adjudication for a felony. Also, the gun or firearm must meet the definition of C.R.S. 18-1-901(3)(h).  Read more about possible defenses to Possession of Weapons by Previous Offenders charges.

Definition of Firearm for Possession of Weapons by Previous Offenders Charges in Jefferson County

For Possession of a Weapon by Previous Offender, the definition of firearm is critical.  Under C.R.S. 18-1-901(3)(h), the definition of 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 leaves open the question of whether a pellet or BB gun is a firearm for this statute. We also consider whether a crossbow is a firearm, and think that it is not. If someone were concerned about their inability to possess a firearm, or desire to hunt, a crossbow or bow and arrow would make a nice substitute.

What Class of Felony is Possession of Weapons by Previous Offenders in Adams County?

Possession of a Weapon by Previous Offender is normally a class 6 felony. However, if you have been charged with possessing a dangerous weapon under C.R.S. 18-12-102, it will be charged as a class 5 felony. This charge is also a class five felony if your previous felony was for burglary, arson or any felony involving the use of force or the use of a deadly weapon and the violation or release from custody occurred within 10 years of the new offense. Any sentence for the Possession of Weapons by Previous Offenders charge is to be served consecutively with any prior sentences – not concurrently.

Defenses For Your Possession Of A Weapon By A Previous Offender Charge

Central to defending your charge of possession of a weapon by a previous offender is to establish that you did not “knowingly” possess a weapon. In some rare cases, a defense might include that you possessed the firearm only for defense of your home. It is helpful if the gun involved belonged to a roommate or a spouse, not the previous offender.

Other normal defenses for felony and misdemeanor charges can be used in possession of a weapon by a previous offender cases. These include violations of constitutional rights, like your right to remain silent, right to an attorney, your right to challenge searches and seizures, and your right to due process. Other defenses are available, so contact our skilled defense lawyers for a thorough analysis of your case. You might have a successful defense and not be aware of that.

Restored Gun Rights in Denver and Across Colorado After a Felony Conviction or Juvenile Adjudication for a Felony?

This is a close call on some felonies and not on others. Your prohibited possession of a firearm lasts a lifetime, IF you had a permanent felony or juvenile adjudication for a felony. In some cases, people get a deferred judgment and sentence, or a deferred prosecution. When this occurs, there is a possibility that you can possess a gun or rifle again, provided you did not have a split plea. Since this is a complicated subject, call us to consult on your specific situation. We can research your case and let you know that current state of the law concerning your gun rights.

Call the top firearms lawyers in Colorado by calling 303-731-0719, today. Never give a statement to police or you will foreclose possible defenses. Together, we can protect your future.

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