Tag: legal

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.

In Colorado, responsible firearm ownership means more than just following the rules for concealed carry or background checks—it also means knowing what you can’t do with a firearm, regardless of whether you’re licensed. One of the key laws every gun owner, CCW holder, or armed guard should be familiar with is Colorado Revised Statute § 18-12-106, which covers the prohibited use of weapons.

Let’s break down what this statute says, what it means in plain English, and how to stay on the right side of the law.

What Is CRS § 18-12-106?

C.R.S. 18-12-106 makes it a criminal offense to misuse a firearm or certain other weapons in a reckless or unlawful way. Here’s a summary of what is prohibited under this statute:

Prohibited Acts Under the Statute

You can be charged with a Class 2 misdemeanor if you do any of the following:

1. Discharge a firearm recklessly or with criminal negligence.
2. Display a firearm or other deadly weapon in a threatening manner, unless it’s in lawful self-defense.
3. Shoot a bow and arrow or crossbow recklessly or with criminal negligence.
4. Set a loaded firearm to discharge automatically or when tripped (think: setting booby traps).
5. Aim a firearm at another person, whether or not it’s loaded, unless you are legally justified to do so (such as in self-defense).
6. Throw stars, nunchakus, or similar martial arts weapons at people, except in a sanctioned martial arts event.

Key Takeaways

🔫 You Cannot Point a Gun at Someone Unless It’s Justified

Pointing a firearm—even if it’s unloaded—at another person can land you in serious legal trouble unless it meets the legal definition of self-defense under CRS § 18-1-704 or § 18-1-707.

💥 Negligent or Reckless Discharge = Criminal Charge

If you fire your firearm into the air to “scare” someone, or do so without a legitimate threat, that’s considered reckless discharge and it’s a crime. There’s no such thing as a “warning shot” in Colorado law.

⚖️ Criminal Negligence Matters

Even if you didn’t mean to hurt someone, you can still be charged if your actions were careless enough to be considered criminally negligent—a higher standard than simple carelessness.

Penalties for Violating CRS 18-12-106

Violating this statute is typically a Class 2 misdemeanor, punishable by:

• Up to 120 days in jail
• Up to $750 in fines
• Possible loss of your concealed carry permit
• A permanent criminal record that could affect future firearm ownership or employment in security

If your actions result in injury or death, you may also face more serious felony charges, including assault or manslaughter.

What About Self-Defense?

The statute does allow exceptions for lawful use of force. If you draw or point your firearm because you reasonably believed you or someone else was in imminent danger of unlawful force or death, that may fall under justified self-defense.

That said, this is a legal gray area. If you’re ever forced to defend yourself, you must be able to clearly articulate:

• What the threat was
• Why you believed force was necessary
• Why your response was reasonable and proportional

Why This Law Matters for CCW Holders and Security Guards

As a concealed carry permit holder or licensed armed guard, you’re held to a higher standard. Brandishing, threatening, or even placing your hand on your firearm in an unjustified situation could lead to criminal charges under this statute.

If it leaves the holster, you better be ready to explain why.

Final Thoughts

CRS § 18-12-106 is one of those statutes that doesn’t get as much attention as some others, but it’s absolutely critical to understand. Many people get charged not because they were malicious, but because they were careless or thought something “wasn’t a big deal.”

Ignorance of the law isn’t a defense. That’s why we cover these topics in-depth in our CCW and armed guard courses.

Call to Action

If you want to carry responsibly, avoid criminal liability, and understand how to defend yourself within the law, we encourage you to sign up for one of our upcoming CCW classes. We cover this statute and more—so you know what’s legal, what’s not, and what to do if you’re ever forced to defend yourself.

Legal Disclaimer

This article is for informational purposes only and does not constitute legal advice. For legal interpretation or representation, consult a licensed Colorado attorney.