Denver Weapons Charges Attorney

A weapons charge in Colorado can cost you your freedom and your firearm rights, sometimes for life. A Denver weapons charges attorney can help you navigate charges ranging from a misdemeanor concealed-carry violation to a felony that carries prison time. 

Denver also adds its own stricter rules on top of state law, so conduct that is legal one county over can be a crime inside city limits. Price Criminal Defense handles felony possession, illegal discharge, prohibited-person cases, and the Denver ordinance charges most firms overlook. 

Charged with a weapons offense in Denver? Call (720) 615-7106 anytime, or request a free consultation online.

How Does Colorado Classify Weapons Offenses? 

Colorado generally classifies weapons offenses by whether they involve unlawful possession, unlawful carrying, or unlawful use. Unlawful possession covers who can possess a weapon and which weapons are prohibited. Unlawful carrying governs how and where a weapon can be carried or transported. Unlawful use covers prohibited conduct involving a firearm. A single incident can involve more than one category. 

Common Colorado Weapons Charges

The charges below account for most weapons prosecutions in Denver. The differences between them decide whether you face jail or prison.

Possession of a Weapon by a Previous Offender (POWPO)

POWPO is a felony that applies when someone with a qualifying prior felony conviction knowingly possesses a firearm or other weapon. It’s a class 5 felony, rising to a class 4 felony on a second offense. 

The prior conviction can be decades old and from any state, and a gun merely within reach in your car can support the charge. 

Since these cases turn on knowing possession and how police found the weapon, they are often defensible. 

Unlawfully Carrying a Concealed Weapon

Carrying a concealed firearm or knife without a valid permit is a criminal charge under C.R.S. § 18-12-105. A first offense is a class 1 misdemeanor, and a second offense within five years becomes a class 5 felony. The statute covers concealed knives as well as handguns.

Prohibited Use of Weapons

Prohibited use covers dangerous handling and some types of shootings, under C.R.S. § 18-12-106. It’s a class 1 misdemeanor to knowingly aim a firearm at someone, discharge one recklessly or with criminal negligence, or possess a firearm while under the influence of alcohol or drugs. 

A valid permit is no defense, and a repeat conviction within five years becomes a class 5 felony. 

Illegal Discharge of a Firearm

Firing a gun into a building or an occupied vehicle is a felony. Knowingly or recklessly discharging a firearm into a dwelling, an occupied structure, or an occupied motor vehicle is a class 5 felony, whether or not anyone is hurt.

Possession of a Dangerous or Illegal Weapon

Some weapons are unlawful to knowingly possess at all under C.R.S. § 18-12-102. Firearm silencers, machine guns, rapid-fire devices, short shotguns, and short rifles are a class 5 felony to possess. 

Knowingly possessing illegal weapons, such as brass knuckles or ballistic knives, is a class 1 misdemeanor. Machine-gun conversion devices, often called switches, count as dangerous weapons. 

Penalties for Weapons Charges in Colorado

Weapons penalties depend on the statute and your record, and the firearm-rights consequence often outlasts the sentence. 

Charge	Classification	Incarceration	Fine	Firearm rights
POWPO	Class 5 felony	1–3 yrs	Up to $100,000	Prohibited
Concealed carry, no permit	Class 1 misdemeanor (class 5 felony on repeat offenses within 5 years)	Up to 364 days (1–3 yrs on repeat offenses within 5 yrs)	Up to $1,000 ($100,000 on repeat offenses within 5 years)	At risk
Prohibited use	Class 1 misdemeanor (class 5 felony on repeat offenses within 5 years)	Up to 364 days (1–3 yrs on repeat offenses within 5 yrs)	Up to $1,000 ($100,000 on repeat offenses within 5 years)	At risk
Illegal discharge	Class 5 felony	1–3 yrs	Up to $100,000	Prohibited
Dangerous weapon	Class 5 felony	1–3 yrs	Up to $100,000	Prohibited
Illegal weapon	Class 1 misdemeanor	Up to 364 days	Up to $1,000	At risk

A felony conviction can trigger firearm restrictions under both state and federal law. A Denver weapons charges attorney can evaluate whether the charge can be reduced or challenged before those consequences become permanent. 

How Do Denver Weapons Laws Differ From Colorado Law?

Denver enforces local weapons restrictions in addition to Colorado state law, which can make local representation especially important. Denver Revised Municipal Code Chapter 38 regulates certain weapons and conduct within city limits, including assault weapons.

A Denver weapons charges attorney can determine which local ordinance applies, whether the city can prove a violation, and how the charge should be defended in Denver’s municipal system.

Denver’s assault-weapons ordinance also faces an active federal challenge. Because the law could change, your attorney should confirm its current status before building the defense.

Where Does a Colorado Concealed Carry Permit Not Apply?

A Colorado concealed handgun permit doesn’t authorize you to carry everywhere. If you face a charge for carrying in a prohibited location, a Denver gun charges lawyer can examine whether the restriction applied, whether an exception protects you, and whether the prosecution can prove the violation.

Common restricted locations include:

• Schools and Campuses: Colorado restricts concealed carry at K-12 schools and imposes additional restrictions at colleges and universities, subject to specific exceptions.
• Government Buildings: State law restricts firearms in certain government buildings and legislative spaces, with exceptions that depend on the location and circumstances.
• Federal Property: A Colorado permit doesn’t override federal restrictions on carrying firearms in prohibited federal locations.
• Out-of-State Permits: Reciprocity doesn’t override Colorado restrictions on where firearms can be carried.

Who Is a "Prohibited Person" in Colorado?

A prohibited person is someone the law bars from possessing firearms, and the category is broader than most people realize. Falling into it turns ordinary possession into a crime. 

The most common grounds:

• Prior Felony Conviction: A qualifying felony conviction can bar firearm possession under Colorado law, while federal law generally bars firearm possession after a felony conviction. 
• Domestic Violence Convictions: Certain misdemeanor domestic violence convictions trigger a federal firearm ban, which is why a DV case is often really a gun-rights case. 
• Active Protection Orders: A protection order can require you to surrender firearms while it is in effect. 

Weapons and drug allegations sometimes arrive together, and a Denver drug possession lawyer can help you sort out your options.

Common Defenses to Weapons Charges in Denver

The strongest weapons defenses attack how the evidence was found and whether the state can prove knowing possession. Every case is different, but several defenses recur.

A Denver weapons charges lawyer can help identify:

• Unlawful Search and Seizure: If police found the weapon through a stop or search that violated the Fourth Amendment, that evidence can be challenged and potentially suppressed.
• Lack of Knowing Possession: The state must prove you knew the weapon was there, which is contestable when a gun is found in a shared car or home.
• Constructive Possession Disputes: Being near a weapon is not the same as controlling it, and prosecutors sometimes overreach on this point.
• Valid Permit or Legal Status: A current permit or proof that you don’t fall within a prohibited category can defeat a carrying or possession charge outright.

Facing Weapons Charges in Denver?

Where your case is heard depends on how it was charged. State felony and misdemeanor weapons charges move through Denver County Court and Denver District Court, while municipal ordinance violations are handled in Denver's municipal system.

If you were arrested or charged with a weapons offense, early representation matters, especially when firearm rights and felony exposure are at stake. 

Call (720) 615-7106 day, night, or weekend, or get your free consultation online. 

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