Possession of Weapons by Previous Offenders Attorney in Greeley
What Crimes Prohibit Someone from Legally Possessing a Weapon?

Possession of Weapons by Previous Offenders is charged in Greeley and Weld County when a person is accused of having a weapon in their possession after they have a conviction of a specific felony crime. This blog will provide an extensive list of those felony convictions which would prohibit someone from possessing a weapon.

Windsor Possession of Weapons by Previous Offenders Lawyer: Definition of Possession of a Weapon by a Previous Offender in Colorado

The Windsor, Colorado law definition of Possession of Weapons by Previous Offenders – C.R.S. 18-12-108 – is:

List of Crimes that Prohibit Someone from Legally Possessing a Weapon in Weld County

As stated in the statute above, a conviction of a felony crime listed under C.R.S. 24-4.1-302(1) – Victims’ Rights Crimes – would preclude someone from being able to possess a gun or other weapon. These crimes include:

• Murder in the first degree, in violation of section 18-3-102, C.R.S.;
• Murder in the second degree, in violation of section 18-3-103, C.R.S.;
• Manslaughter, in violation of section 18-3-104, C.R.S.;
• Criminally negligent homicide, in violation of section 18-3-105, C.R.S.;
• Vehicular homicide, in violation of section 18-3-106, C.R.S.;
• Assault in the first degree, in violation of section 18-3-202, C.R.S.;
• Assault in the second degree, in violation of section 18-3-203, C.R.S.;
• Vehicular assault, in violation of section 18-3-205, C.R.S.;
• Menacing, in violation of section 18-3-206, C.R.S.;
• First degree kidnapping, in violation of section 18-3-301, C.R.S.;
• Second degree kidnapping, in violation of section 18-3-302, C.R.S.;
• Sexual assault, in violation of section 18-3-402, C.R.S.; or
• Sexual assault in the first degree, in violation of section 18-3-402, C.R.S., as it existed prior to July 1, 2000;
• Sexual assault in the second degree, in violation of section 18-3-403, C.R.S., as it existed prior to July 1, 2000;
• Unlawful sexual contact – felony subsection only, in violation of section 18-3-404, C.R.S.; or
• Sexual assault in the third degree – felony subsection only, in violation of section 18-3-404, C.R.S., as it existed prior to July 1, 2000;
• Sexual assault on a child, in violation of section 18-3-405, C.R.S.;
• Sexual assault on a child by one in a position of trust, in violation of section 18-3-405.3, C.R.S.;
• Sexual assault on a client by a psychotherapist, in violation of section 18-3-405.5, C.R.S.;
• Invasion of privacy for sexual gratification – felony subsection only, in violation of section 18-3-405.6, C.R.S.;
• Robbery, in violation of section 18-4-301, C.R.S.;
• Aggravated robbery, in violation of section 18-4-302, C.R.S.;
• Aggravated robbery of controlled substances, in violation of section 18-4-303, as it existed prior to October 1, 2023;
• Incest, in violation of section 18-6-301, C.R.S.;
• Aggravated incest, in violation of section 18-6-302, C.R.S.;
• Child abuse – felony subsection only, in violation of section 18-6-401, C.R.S.;
• Sexual exploitation of children, in violation of section 18-6-403, C.R.S.;
• Felony crimes against at-risk adults or at-risk juveniles, in violation of section 18-6.5-103, C.R.S.;
• Any felony crime identified by law enforcement prior to the filing of charges as domestic violence, as defined in section 18-6-800.3 (1), C.R.S.;
• A felony act identified by a district attorney in a formal criminal charge as domestic violence, as defined in section 18-6-800.3 (1), C.R.S.;
• Any felony crime, the underlying factual basis of which has been found by the court on the record to include an act of domestic violence, as defined in section 18-6-800.3 (1), C.R.S., pursuant to section 18-6-801 (1), C.R.S.;
• Stalking, in violation of section 18-3-602, C.R.S.;
• Stalking, in violation of section 18-9-111 (4), C.R.S., as it existed prior to August 11, 2010;
• A felony bias-motivated crime, in violation of section 18-9-121, C.R.S.;
• Failure to stop at the scene of an accident, in violation of section 42-4-1601, where the accident results in the death or serious bodily injury of another person;
• Any criminal attempt, as described in section 18-2-101, C.R.S., any conspiracy, as described in section 18-2-201, C.R.S., any criminal solicitation, as described in section 18-2-301, C.R.S., and any accessory to a crime, as described in section 18-8-105, C.R.S., involving any of the crimes above;
• Retaliation against a witness or victim, in violation of section 18-8-706, C.R.S.;
• Intimidating a witness or a victim, in violation of section 18-8-704, C.R.S.;
• Aggravated intimidation of a witness or a victim, in violation of section 18-8-705, C.R.S.;
• Tampering with a witness or victim, in violation of section 18-8-707, C.R.S.;
• Indecent exposure – felony subsection only, in violation of section 18-7-302, C.R.S.;
• Felony violation of a protection order issued under section 18-1-1001 against a person charged with committing sexual assault in violation of section 18-3-402, sexual assault on a child in violation of section 18-3-405, sexual assault on a child by one in a position of trust in violation of section 18-3-405.3, sexual assault on a client by a psychotherapist in violation of section 18-3-405.5, or stalking in violation of section 18-3-602;
• Human trafficking in violation of section 18-3-503 or 18-3-504, C.R.S.;
• First degree burglary, in violation of section 18-4-202, C.R.S.;
• Second degree burglary of a dwelling, in violation of section 18-4-203 (2)(a);
• Retaliation against a judge or elected official, in violation of section 18-8-615; retaliation against a prosecutor, in violation of section 18-8-616; or retaliation against a juror, in violation of section 18-8-706.5;
• Child prostitution, in violation of section 18-7-401, C.R.S.; soliciting for child prostitution, in violation of section 18-7-402, C.R.S.; procurement of a child for sexual exploitation, in violation of section 18-6-404, C.R.S.; pimping of a child, in violation of section 18-7-405, C.R.S.; inducement of child prostitution, in violation of section 18-7-405.5, C.R.S.; or patronizing a prostituted child, in violation of section 18-7-406, C.R.S.;
• First degree arson, in violation of section 18-4-102;

Additionally, found under the Possession of Weapons by Previous Offenders statute, convictions for these crimes also prohibited someone from possessing a weapon:

• An offense for which the person was subject to an indeterminate sentence pursuant to section 18-1.3-1004;
• First degree murder of a peace officer, firefighter, or emergency medical service provider in violation of section 18-3-107;
• Criminal extortion in violation of section 18-3-207;
• False imprisonment – felony subsection only, in violation of section 18-3-303;
• Enticement of a child in violation of section 18-3-305;
• Internet luring of a child in violation of section 18-3-306;
• Internet sexual exploitation of a child in violation of section 18-3-405.4;
• Unlawful sexual conduct by a peace officer in violation of section 18-3-405.7;
• Unlawful termination of a pregnancy in the first degree in violation of section 18-3.5-103;
• Unlawful termination of a pregnancy in the second degree in violation of section 18-3.5-104;
• First degree arson in violation of section 18-4-102;
• Second degree arson in violation of section 18-4-103;
• Third degree arson in violation of section 18-4-104;
• Fourth degree arson in violation of section 18-4-105;
• Habitual child abuse in violation of section 18-6-401.2;
• Contributing to the delinquency of a minor in violation of section 18-6-701;
• Pandering in violation of section 18-7-203;
• Pimping in violation of section 18-7-206;
• Pandering of a child in violation of section 18-7-403;
• Procurement of a child in violation of section 18-7-403.5;
• Keeping a place of child prostitution in violation of section 18-7-404;
• Impersonating a peace officer in violation of section 18-8-112;
• Disarming a peace officer in violation of section 18-8-116;
• Aiding escape from an institution for the care and treatment of persons with behavioral or mental health disorders in violation of section 18-8-201.1;
• Assault during escape in violation of section 18-8-206;
• Holding hostages in violation of section 18-8-207;
• Escape in violation of section 18-8-208;
• Attempt to escape in violation of section 18-8-208.1;
• Participation in a riot in detention facilities in violation of section 18-8-211;
• Intimidating a juror in violation of section 18-8-608;
• Inciting a riot in violation of section 18-9-102;
• Arming a rioter in violation of section 18-9-103;
• Engaging in a riot in violation of section 18-9-104;
• Vehicular eluding in violation of section 18-9-116.5;
• Firearms, explosives, or incendiary devices in facilities of public transportation in violation of section 18-9-118;
• Failure or refusal to leave premises or property upon request of a peace officer in violation of section 18-9-119;
• Terrorist training activities in violation of section 18-9-120;
• Aggravated cruelty to animals in violation of section 18-9-202;
• Treason in violation of section 18-11-101;
• Insurrection in violation of section 18-11-102;
• Advocating the overthrow of the government in violation of section 18-11-201;
• Inciting destruction of life or property in violation of section 18-11-202;
• Membership in anarchist and seditious associations in violation of section 18-11-203;
• Possessing a dangerous or illegal weapon in violation of section 18-12-102;
• Unlawfully carrying a weapon in violation of section 18-12-105.5;
• Use of a stun gun in violation of section 18-12-106.5;
• Illegal discharge of a firearm in violation of section 18-12-107.5;
• Possession of a weapon by a previous offender in violation of section 18-12-108 if committed on or after March 1, 2022;
• Possession of a handgun by a juvenile in violation of section 18-12-108.5;
• Unlawfully providing or permitting a juvenile to possess a handgun in violation of section 18-12-108.7;
• Possession, use, or removal of explosives or incendiary devices in violation of section 18-12-109;
• Unlawful purchase of a firearm in violation of section 18-12-111;
• Possessing a large-capacity magazine during the commission of a crime of violence in violation of section 18-12-302 (1)(c);
• Dueling in violation of section 18-13-104 if committed on or before October 1, 2023;
• Intentionally setting a wildfire in violation of section 18-13-109.5;
• Unlawful administration of ketamine in violation of section 18-13-123;
• Organized crime in violation of section 18-17-104;
• A special offender in violation of section 18-18-407 (1)(d)(II);
• A criminal attempt, complicity, or conspiracy to commit any of the offenses listed in this subsection (7); and
• Unlawful conduct involving an unserialized firearm, frame, or receiver, as described in section 18-12-111.5.

If you or someone you love has bee charged with Possession of a Weapon by a Previous Offender, be smart, exercise your right to remain silent, and contact the best criminal defense attorneys from the O’Malley Law Office at 970-616-6009 to schedule a free initial consultation. Together, we can protect your future.

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