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719-694-0578

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Colorado Springs Weapons And Firearms Charges Attorneys

Being charged with a weapons crime and facing firearm charges is a serious matter that can have lasting and serious consequences. At Black, Blink, & Associates LLC, we understand the gravity of your situation. Our founding attorney, Clifton Black, has been practicing law since 2000.

With decades of combined experience, our weapons crimes attorneys work closely with you to ensure you understand the legal proceedings. We have the experience to defend tough cases and will fight to protect your rights every step of the way.

Colorado Gun And Weapons Crimes Overview: 

Colorado Firearms And Weapons Charges

The state of Colorado takes firearm crimes seriously. Here are some of the most common firearm crimes that are aggressively prosecuted by criminal prosecutors in Colorado:

  • Unlawful possession of a firearm: The unlawful possession of a firearm includes possessing a firearm without the proper permits or by someone who is prohibited from owning a gun.
  • Brandishing a weapon: Brandishing a weapon is charged when the accused allegedly displays a firearm in a threatening manner.
  • Illegal sale or transfer of firearms: Selling or transferring a firearm without following state laws and proper procedures is illegal.
  • Possession of a firearm by a felon: It is illegal for convicted felons to own or possess firearms.
  • Constructive possession of a firearm: Constructive possession of a firearm occurs when someone has access to a firearm and the ability to control it, even if it is not in their physical possession.
  • Defaced or altered serial numbers: Removing, defacing, altering or destroying a manufacturer’s serial number on any firearm, or knowingly possessing a weapon with an altered serial number, is illegal under Colorado law.

Other serious weapons charges our defense team routinely handles include:

Prohibited Use Of Weapons

Colorado law extends beyond simple brandishing to include several prohibited uses of weapons. Under C.R.S. 18-12-106, you can face criminal charges for recklessly discharging a firearm, firing into buildings or vehicles (with enhanced penalties if occupied), possessing firearms while under the influence of alcohol or controlled substances or pointing a firearm at another person without legal justification. These charges can range from misdemeanors to felonies depending on the specific circumstances and any resulting harm.

Possession Of Illegal Or Dangerous Weapons

C.R.S. 18-12-102 specifically criminalizes the possession of certain weapons deemed particularly dangerous. These include short-barreled rifles or shotguns (barrels shorter than 16 inches for rifles or 18 inches for shotguns), fully automatic firearms (machine guns), silencers or suppressors, explosive or incendiary devices and brass knuckles or similar impact weapons. Possession of these weapons typically constitutes a Class 5 felony, carrying 1-3 years imprisonment and substantial fines. Even possession of antique or non-functional versions of these weapons can result in charges without proper documentation.

Carrying A Concealed Weapon Without A Permit

Colorado law under C.R.S. 18-12-105 prohibits carrying concealed weapons without proper permitting. This applies to firearms as well as knives with blades exceeding 3.5 inches. While typically charged as a Class 2 misdemeanor, this offense can be enhanced to a Class 6 felony for prior offenders or when occurring in certain locations such as government buildings or schools. The law does provide exceptions for carrying in your own dwelling, place of business or on private property with permission, but these defenses require careful legal analysis.

Defacing A Firearm

Under C.R.S. 18-12-103, it is illegal to remove, deface, alter or destroy a manufacturer’s serial number on any firearm. It is also illegal to knowingly possess a weapon with an altered serial number. Though charged as a Class 1 misdemeanor, this offense can trigger enhanced penalties if the weapon is later used in another crime. Additionally, possession of a firearm with a defaced serial number can lead to federal charges, substantially increasing potential penalties.

Our firearms and weapons attorneys have the experience to handle complex weapons charges. Our criminal defense attorneys will make sure you understand the criminal justice process and fight to protect your rights to the best of our ability.

Colorado Concealed Carry And Open Carry Laws

Understanding Colorado’s concealed carry and open carry regulations is essential for lawful firearm ownership and possession.

Concealed Carry Permit Requirements

To obtain a concealed carry permit in Colorado, applicants must be at least 21 years old, demonstrate competency with a handgun through approved training courses, pass background checks and meet residency requirements. Permits are valid for five years and require renewal with updated training documentation.

Colorado recognizes concealed carry permits from many other states through reciprocity agreements, but permit holders must understand that Colorado’s laws apply when carrying within state boundaries. Certain locations remain off-limits to concealed carry, including government buildings, schools, federal facilities and private properties where prohibited by posted signage.

Open Carry Regulations

Colorado generally permits open carry of firearms without a permit for individuals legally allowed to possess firearms. However, local municipalities may restrict or prohibit open carry within their jurisdictions, creating a complex patchwork of regulations throughout the state.

Denver, Boulder and several other cities have enacted ordinances prohibiting open carry within city limits.

Violating these local ordinances can result in criminal charges even when the underlying firearm possession is otherwise lawful.

Improperly Registered Firearms

Colorado requires background checks for most firearm transfers, including private sales and transfers between individuals.

Registration And Transfer Violations

Private firearm sales must be conducted through licensed firearms dealers who perform background checks on purchasers. Exceptions exist for transfers between immediate family members, temporary transfers for hunting or sporting activities, and transfers to licensed dealers. Violating these transfer requirements typically constitutes a Class 1 misdemeanor, punishable by up to 18 months imprisonment and substantial fines.

Large-Capacity Magazine Restrictions

Colorado prohibits the sale, transfer or possession of large-capacity magazines manufactured after July 1, 2013. These restrictions apply to magazines capable of holding more than 15 rounds of ammunition. Possession of prohibited magazines can result in Class 2 misdemeanor charges, while manufacturing or selling such magazines may result in more severe penalties.

Enhanced Penalties For Registration Violations

Improperly registered firearms used in subsequent crimes can result in enhanced penalties and federal charges. Additionally, patterns of illegal transfers or sales can trigger federal firearms trafficking charges, substantially increasing potential imprisonment and fines.

The Severity Of Aggravated Gun Crimes

When a gun is used to commit a crime, prosecutors can file additional charges. This elevates the seriousness of the crime, and is commonly referred to as aggravated charges. Any time that there are aggravated charges, the seriousness of the crime and the severity of the potential penalties, if convicted, is amplified.

Aggravated crimes in Colorado commonly include crimes such as armed robbery, assault with a deadly weapon, aggravated domestic battery and other violent offenses where a firearm is used to intimidate or harm others. These charges carry severe consequences and automatically include longer prison sentences and higher fines. Our firearm defense lawyers understand the gravity of a conviction on these charges and work diligently to provide a strong defense for clients facing them.

Penalties And Consequences Of Firearms Convictions

Convictions for weapons and firearms offenses in Colorado carry significant penalties that extend well beyond potential imprisonment and fines. These include:

  • Incarceration and financial penalties: Depending on the specific offense, firearms convictions can result in jail or prison sentences ranging from months to decades. Misdemeanor weapons charges typically carry up to 18 months in county jail, while felony firearms offenses can result in two to 24 years in state prison. Fines can range from $750 for minor offenses to $750,000 for the most serious weapons felonies.
  • Loss of firearm rights: Even misdemeanor convictions for certain offenses, such as domestic violence, can result in permanent prohibition from possessing firearms under federal law. Colorado state law imposes additional restrictions for various convictions. These prohibitions can be temporary for some offenses but permanent for others, particularly felonies.
  • Employment consequences: Many employers conduct background checks that reveal weapons convictions, often leading to automatic disqualification from consideration. Industries with security concerns, government contractors, educational institutions and health care facilities typically have strict policies regarding weapons convictions. Even when not explicitly prohibited, these convictions often create significant barriers to obtaining employment.
  • Housing limitations: Landlords regularly perform background checks and may deny housing applications based on weapons convictions, particularly those involving violent circumstances. Public housing authorities typically have strict prohibitions against residents with certain weapons convictions, affecting not just the convicted individual but potentially their entire family.
  • Professional licensing impacts: Many professional licenses in Colorado require “good moral character” or similar standards. Weapons convictions can trigger disciplinary proceedings, license suspensions or outright revocation for professions including law, medicine, nursing, teaching, security, insurance, real estate and many others.
  • Probation and parole restrictions: Those who receive probation or parole instead of incarceration face stringent conditions, including regular check-ins, random searches, drug testing, travel restrictions and absolute prohibition on firearm possession. Violations of these conditions can result in immediate incarceration.
  • Concealed carry permit eligibility: Weapons convictions almost invariably result in the revocation of existing concealed carry permits and create barriers to future eligibility. Even after rights restoration, obtaining a concealed carry permit can be extremely difficult following a weapons conviction.

Our defense team works diligently not only to challenge the immediate charges but also to minimize these collateral consequences that can affect your life for years to come. We develop defense strategies that consider both the immediate legal penalties and the long-term impacts on your rights and opportunities.

What To Do If You Are Arrested Or Investigated

If you find yourself arrested or under investigation for a weapons offense in Colorado, your actions during the initial stages can significantly impact your case outcome. Following these general guidelines may help protect your rights.

  • Exercise your right to remain silent: The Fifth Amendment protects you from self-incrimination. Politely inform officers that you are invoking your right to remain silent and that you wish to speak with an attorney.
  • Contact an attorney immediately: Law enforcement may suggest that cooperation will help your situation, but speaking without legal counsel present often harms your defense.
  • Understand the process: Following arrest, you will typically undergo booking (fingerprinting, photographs) and be held until arraignment, where charges are formally read and bail is addressed.
  • Follow all court orders: Comply with all bail conditions, court appearances, and other requirements to avoid additional charges or complications.

Our attorneys can provide specific guidance tailored to your situation during a confidential consultation.

Common Defense Strategies

When facing weapons or firearms charges in Colorado, several defense strategies may be available depending on the specific circumstances of your case.

  • Fourth Amendment violations: If law enforcement conducted an illegal search or seizure without a proper warrant, consent or exception, we may file a motion to suppress any evidence obtained, potentially leading to dismissal of charges.
  • Possession challenges: Prosecutors must prove you knowingly possessed the weapon, whether through actual physical possession or constructive possession. We often question whether you truly had knowledge, control or intent regarding the weapon.
  • Lack of knowledge or intent: If you were unaware of the weapon’s presence its legal status, or if you possessed it without criminal intent, this may provide a viable defense.
  • Self-defense arguments: Colorado’s “Make My Day” law provides protection for defensive use of force in your home, and “Stand Your Ground” principles may apply in other locations.
  • Evidence challenges: Improper evidence collection, documentation or storage can significantly impact the prosecution’s case. We scrutinize these procedures to identify issues that could raise reasonable doubt.
  • Mistaken identity or false accusations: We investigate witness credibility, review surveillance footage when available and examine all evidence to help ensure you are not wrongfully convicted.

Our firearms defense attorneys carefully analyze every aspect of your case to develop a tailored defense strategy that addresses the specific charges and evidence against you.

Frequently Asked Questions About Weapons Charges

Below are answers to some common questions we receive during initial consultations:

What happens if I use a weapon in self-defense?

Self-defense is a legitimate legal defense in Colorado weapons cases, but successfully proving it requires specific elements. Colorado recognizes the “Make My Day” law and stand-your-ground principles in certain circumstances, which may protect individuals who use firearms to defend themselves or others when facing imminent danger.

To establish self-defense, we must demonstrate that you reasonably believed you were in immediate danger of suffering bodily harm or death, that your response was proportional to the threat and that you were not the initial aggressor. The circumstances surrounding the incident are critical – including whether the threat occurred in your home, your workplace or in public.

If you used a weapon in self-defense, it’s important not to make detailed statements to law enforcement without an attorney present. What you perceive as clear self-defense may be viewed differently by prosecutors.

Do I need a lawyer if the charge seems minor?

Even charges that appear minor can have serious consequences, particularly with weapons offenses. What might seem like a simple misdemeanor weapons charge can impact your constitutional right to bear arms, affect professional licenses, limit future employment opportunities and potentially lead to more severe penalties if you face any future charges.

Additionally, prosecutors often initially file multiple charges in weapons cases, with the intent to negotiate later. Without proper representation, you may accept a plea agreement that has unnecessary and lasting consequences.

Can my gun rights be restored in Colorado?

Yes, in many cases, gun rights can be restored in Colorado after certain convictions. The process depends on the nature of your conviction, the time elapsed since completing your sentence and other factors. For some misdemeanor offenses, rights may be automatically restored upon completion of your sentence. For felony convictions, you may be eligible to have your gun rights restored through:

  • Receiving a pardon from the governor
  • Having your conviction sealed or expunged, if eligible
  • Petitioning the court for the restoration of rights
  • Having your felony reduced to a misdemeanor through the successful completion of probation

The process is complex and requires detailed knowledge of both state and federal firearms laws. Our attorneys can evaluate your specific situation and guide you through the appropriate legal channels to potentially restore your right to possess firearms.

Consult A Colorado Springs Firearms And Weapons Lawyer

Our firearms and weapons attorneys offer confidential, no-obligation initial consultations. For more information or to schedule an appointment, call our office at 719-694-0578 or send us a message through our website. We are here to answer your questions and be your guide through the Colorado criminal justice system.