What is the Definition of Possession of a Firearm by a Previous Offender, C.R.S. 18-12-108 in Greeley, Colorado?
In Greeley, Possession of a Gun or Firearm by a Previous Offender, C.R.S. 18-12-108, occurs when:
Simply put, a convicted felon is not allowed to own guns, firearms, or ammunition. They can’t even touch them. If the offender is caught having a gun or firearm too close to them, they can be charged with this crime. Imagine a probation officer coming to search the home of a probationer, and they find a firearm. If someone else who lives there does not “possess” it, the probationer will be charged. If a spouse keeps a handgun in their nightstand. What if they have a shotgun for hunting in a common closet? How about a gun display hanging on the wall? Each of these examples can get you charged with another felony and sent to prison in Greeley.
Weld County’s Definition of a Firearm – C.R.S. 18-1-901 3(h) – for Gun Possession by a Felon
According to C.R.S. 18-1-901 3(h), a firearm is defined as:
What is the Sentence for Possession of Weapons by Previous Offenders in Greeley, Colorado?
In Greeley, Colorado, Possession of a Weapon by Previous Offender can be classified either as a class 6 felony or as a class 5 felony. If the defendant had what was considered a ‘dangerous weapon’ they would be charged with the class 5 felony. They could also be charged with a class 5 felony if the previous conviction was considered a violent offense. Otherwise, Possession of Weapons by Previous Offenders will typically be sentenced as a class 6 felony. The punishment for a class 6 felony is a fine between $1,000 to $100,000, 18 months to 1 year in the DOC prison system and 1 year of parole. The punishment for a class 5 felony is a fine between $1,000 to $100,000, 1 to 3 years in the Department of Corrections and 2 years of parole.
What are Defenses to a Possession of a Weapon by Previous Offender Charge in Weld County?
In Weld County some defenses to a Possession of Weapons by a Previous Offender Charge are:
- The weapon did not belong to you – it is owned by my spouse
- You did not know the weapon was in your possession
- The weapon was not a firearm
- The weapon was only for the constitutionally protected purpose of defending your home, person, or property (possible, but not guaranteed to work as a defense)
- The weapon was discovered during an illegal search and seizure
If you have a felony and your spouse or roommate wants to have a gun, it is always best to have them keep the gun locked in a safe which you don’t have access to. Even a small locked steel safe under a nightstand or in a closet could keep you out of prison.
Have you been accused of Possession of a Weapon by a Previous Offender in Greeley or Weld County? Exercise your right to remain silent. Call our skilled defense attorneys at the O’Malley Law Office. Call 970-616-6009 to meet with an experienced criminal defense lawyer in Weld County and downtown Greeley for a free consultation. Together, we can protect your future.
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