In Weld County, Possession of Weapons by Previous Offenders is when a person who has previously been convicted of a felony, is caught owning, operating, or even just holding a firearm. If caught in violation of this statute, Colorado law will charge you with another felony for this crime.
Greeley Definition of Possession of Weapons by Previous Offenders
In Greeley, Atwood, and Hillrose, Colorado’s definition of Possession of Weapons by Previous Offenders – C.R.S. 18-12-108 – is:
A person commits the crime of Possession of Weapons by Previous Offenders if the person knowingly possesses, uses, or carries upon his or her person a firearm or any other weapon that is subject to the provisions of this article subsequent to the person’s conviction for a felony, or subsequent to the person’s conviction for attempt or conspiracy to commit a felony, under Colorado or any other state’s law or under federal law.
Colorado law views “Firearm” as any handgun, automatic, revolver, pistol, rifle, or shotgun. Any other instrument or device capable or intended to be capable of discharging bullets, cartridges, or other explosive charges is also considered a firearm. This implies that possessing a bow and arrows is likely legal.
Sentencing for Possession of Weapons by Previous Offenders in Logan County
The sentencing for Possession of Weapons by Previous Offenders in Logan County is a felony charge. If a previous offender is caught even just holding a firearm, they can be charged with a class 6 felony. But, they can be charged with a class 5 felony if:
- they possess an unusually dangerous firearm, like a machine gun
- their previous conviction was for Arson, Burglary, or any felony that involved the use force or a deadly weapon within the past 10 years of their release from prison.
If charged with a class 6 felony, the accused will face between 12 and 18 months in prison. They might also have a fine between $1,000 and $100,000, or the possibility of both prison time and a fine. They will also have a year-long parole period to work through as well. If you’re charged with a class 5 felony, the punishment is slightly more severe. Instead of 12-18 months in prison, it is between 1 to 3 years in prison, a fine between $1,000 and $100,000, or both. A class 5 felony has a parole period of 2 years though.
When Gun Possession is not Defensible in Firestone, Merino, and Brush?
Sometimes in Firestone, Merino, Brush, and other cities, those who violate the Possession of Weapons by Previous Offenders law will claim ignorance. This is not defensible. It is also not defensible to claim rights under the Second Amendment. This right no longer applies to felons in the eyes of Colorado law. We have heard of cases where possessing a firearm by a felon was legal if possessed for personal protection. But this varies greatly based on the facts of each case. Additionally, if you have a juvenile adjudication for a felony on your record, unless you went and petitioned for it to be expunged or sealed, you still have a felony charge in the State of Colorado. So you can still be charged with POWBPO, even though it was on a juvenile record.
If you or someone you love has been charged for Possession of Weapons by Previous Offenders in Weld County, be smart, exercise your right to remain silent, and contact the best criminal defense attorneys in Northern Colorado. Call the O’Malley Law Office at 970-616-6009 to schedule your free consultation today. Together, we can protect your future.
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