Colorado law strictly regulates who may legally possess a firearm. One of the most serious firearm-related offenses in the state is Possession of a Weapon by a Previous Offender (POWPO), covered under Colorado Revised Statutes § 18-12-108. If you’re a CCW holder, firearms owner, or working in armed security, it’s critical to understand what this law means—and who it applies to.
What Is C.R.S. § 18-12-108?
Under Colorado law, it is a felony offense for someone with a prior felony conviction to knowingly possess, use, or carry a firearm or other dangerous weapon. This includes not just physical possession, but constructive possession—such as having a firearm in your home, vehicle, or backpack.
You Can Be Charged Under 18-12-108 If:
- You have a prior felony conviction under Colorado law, federal law, or any other state’s law.
- You were adjudicated as a juvenile for a felony involving a deadly weapon.
- You are on parole, probation, or supervised release for a felony offense.
Even if the original conviction wasn’t violent, the law still applies.
What Counts as a “Weapon”?
For purposes of this statute, the most commonly involved weapon is a firearm—including handguns, rifles, and shotguns. However, other types of deadly weapons may also be included depending on the case.
What Are the Penalties?
- Class 5 Felony – The standard penalty for a first offense under this law.
- Class 6 Felony – If the underlying felony conviction was non-violent and the defendant is not currently under supervision.
- Class 4 Felony – If the individual is a repeat offender or if the weapon was possessed during the commission of another crime.
Convictions can result in prison time, loss of civil rights, and permanent disqualification from owning firearms.
Does Intent Matter?
Yes. The statute requires knowing possession. This means prosecutors must prove that the person knew they had a firearm. However, the gun does not have to be on your person—if it’s found in your vehicle or home and you had access to it, that may be enough.
Are There Any Exceptions?
There are limited circumstances where a person with a felony conviction may regain firearm rights, such as:
- If the conviction was pardoned or expunged.
- If the offense has been reduced to a misdemeanor.
- If state law allows restoration of rights—but federal law still applies under 18 U.S.C. § 922(g).
It’s important to note that even if Colorado allows possession, federal law may still prohibit you from owning or being near firearms.
Why This Matters for CCW Holders, Armed Guards, and Gun Owners
If you carry a firearm for work or self-defense, knowing who can and cannot be around firearms is essential. A prohibited person can put everyone at risk, legally and physically. If you store firearms in a shared home or vehicle, be sure you’re not inadvertently enabling unlawful possession.
Final Thoughts
Possession of a firearm by a previous offender is one of the most aggressively prosecuted firearm crimes in Colorado. Even without using the firearm, simply being around one after a felony conviction can result in a new felony charge. If you have any history of a felony or are unsure about your rights, consult a qualified attorney before possessing or being near firearms.
⚠️ Legal Disclaimer
Disclaimer:
This article is provided for general informational purposes only and does not constitute legal advice. Firearms laws are complex and can change. If you have been convicted of a felony or are unsure about your legal right to possess a firearm, consult a licensed attorney in your jurisdiction. We do not provide legal representation or guarantee the accuracy of this information for any specific legal situation.