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Unlawful Possession of Weapons on School Grounds | CRS 18-12-105.5

| Dec 18, 2020 | Firearms |

Unlawful Possession of Weapons on School Grounds

Colorado’s weapon possession laws make it unlawful to carry a deadly weapon on the grounds of a school, college, or university, with very few exceptions. School resource officers carrying a deadly weapon or individuals with personal firearms / knives that remain lawfully in a vehicle at all times are circumstances that are permitted. However, forgetting you have a gun on you or thinking your weapon isn’t prohibited can be costly. If you or someone you know is being accused of possessing a deadly weapon on school grounds, it is crucial that you contact an experienced criminal defense attorney right away.

Unlawfully Carrying a Deadly Weapon on School Grounds in Denver

Denver’s weapon possession laws prohibit deadly weapons on school property in most situations. CRS 18-12-105.5 addresses this crime throughout Colorado:

(1) A person commits a class 6 felony if such person knowingly and unlawfully and without legal authority carries, brings, or has in such person’s possession a deadly weapon as defined in section 18-1-901 (3) (e) in or on the real estate and all improvements erected thereon of any public or private elementary, middle, junior high, high, or vocational school or any public or private college, university, or seminary, except for the purpose of presenting an authorized public demonstration or exhibition pursuant to instruction in conjunction with an organized school or class, for the purpose of carrying out the necessary duties and functions of an employee of an educational institution that require the use of a deadly weapon, or for the purpose of participation in an authorized extracurricular activity or on an athletic team.

(3) It shall not be an offense under this section if:

(a) The weapon is unloaded and remains inside a motor vehicle while upon the real estate of any public or private college, university, or seminary; or

(b) The person is in that person’s own dwelling or place of business or on property owned or under that person’s control at the time of the act of carrying; or

(c) The person is in a private automobile or other private means of conveyance and is carrying a weapon for lawful protection of that person’s or another’s person or property while traveling; or

(d) The person, at the time of carrying a concealed weapon, held a valid written permit to carry a concealed weapon issued pursuant to section 18-12-105.1, as said section existed prior to its repeal; except that it shall be an offense under this section if the person was carrying a concealed handgun in violation of the provisions of section 18-12-214 (3); or

(d.5) The weapon involved was a handgun and the person held a valid permit to carry a concealed handgun or a temporary emergency permit issued pursuant to part 2 of this article; except that it shall be an offense under this section if the person was carrying a concealed handgun in violation of the provisions of section 18-12-214 (3); or

(e) The person is a school resource officer, as defined in section 22-32-109.1 (1) (g.5), C.R.S., or a peace officer, as described in section 16-2.5-101, C.R.S., when carrying a weapon in conformance with the policy of the employing agency as provided in section 16-2.5-101 (2), C.R.S.; or

(f) and (g) (Deleted by amendment, L. 2003, p. 1626, § 51, effective August 6, 2003.)

(h) The person has possession of the weapon for use in an educational program approved by a school which program includes, but shall not be limited to, any course designed for the repair or maintenance of weapons.

Penalties for Possessing a Firearm on School Grounds in Colorado

Each weapon possession crime is different. As a result, the penalties are unique to each case. As a class 6 felony, unlawful possession of a deadly weapon at a school can lead to:

  • a prison sentence of 12 – 18 months,
  • fines of $1K – $100K,
  • 1 year of parole

Denver Lawyer for Unlawfully Carrying a Weapon at a School

Allegations of bringing a gun or knife onto school grounds are serious and require experienced representation. Our skilled firearms attorneys have decades of combined experience fighting weapon charges and protecting client’s 2nd Amendment rights. Perhaps the item was a small knife not meant to be used as a weapon, the firearm was in your car the entire time, or you were authorized to have the weapon on school grounds. Nevertheless, contact our office for a free, confidential consultation. We offer same-day jail visits, affordable fees, and flexible payment plans for those facing criminal accusations throughout Colorado.

Don’t talk to police about having a weapon at a school – talk to us. O’Malley and Sawyer, LLC 303-731-0719

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