C.R.S. Section 18-12-108
Possession of weapons by previous offenders


Mentioned in

Carrying a Concealed Weapon

Colorado Legal Defense Group, October 20, 2023

“When is ‘concealed carry’ permitted in Colorado?”
 
Bibliographic info

(1)

A person commits the crime of possession of a weapon by a previous offender if the person knowingly possesses, uses, or carries upon his or her person a firearm as defined in section 18-1-901 (3)(h) or any other weapon that is subject to the provisions of this article 12 subsequent to the person’s conviction for a felony crime as defined in section 24-4.1-302 (1) or listed in subsection (7) of this section, or subsequent to the person’s conviction for attempt or conspiracy to commit a crime as defined in section 24-4.1-302 (1) that is a felony, pursuant to Colorado or any other state’s law or pursuant to federal law.

(2)

A person commits a class 5 felony if the person violates subsection (1) or (3) of this section. A person who violates subsection (1) or (3) of this section and used or threatened the use of the firearm in the commission of another crime is not eligible for probation or any other alternative sentence and shall be sentenced to the department of corrections.

(3)

Intentionally left blank —Ed.

(a)

A person commits the crime of possession of a weapon by a previous offender if the person knowingly possesses, uses, or carries upon his or her person a firearm as defined in section 18-1-901 (3)(h) or any other weapon that is subject to the provisions of this article 12 subsequent to the person’s adjudication for an act which, if committed by an adult, would constitute a felony crime as defined in section 24-4.1-302 (1) or listed in subsection (7) of this section, or subsequent to the person’s adjudication for attempt or conspiracy to commit a crime as defined in section 24-4.1-302 (1) that is a felony, pursuant to Colorado or any other state’s law or pursuant to federal law in the previous ten years from the completion of the person’s sentence for the adjudication of a felony crime as defined in section 24-4.1-302 (1).

(b)

If a person completes a sentence for the adjudication of a felony crime as defined in section 24-4.1-302 (1) or listed in subsection (7) of this section, or subsequent to the person’s adjudication for attempt or conspiracy to commit a crime as defined in section 24-4.1-302 (1) or listed in subsection (7) of this section that is a felony pursuant to Colorado or any other state’s law or under federal law, and the person has good cause for possessing, using, or carrying a firearm as defined in section 18-1-901 (3)(h) or any other weapon that is subject to this article 12, the person may petition the court for an order determining that subsection (3)(a) of this section does not apply to the person if the person otherwise legally possesses, uses, or carries upon his or her person a firearm as defined in section 18-1-901 (3)(h) or any other weapon that is subject to this article 12. A court shall enter an order determining that subsection (3)(a) of this section does not apply to the person if the court finds, upon request of the person and by a preponderance of the evidence, there is good cause for the person to possess, use, or carry a firearm as defined in section 18-1-901 (3)(h) or any other weapon that is subject to this article 12.

(4)

and (5)(Deleted by amendment, L. 2021.)(6)(a) Upon the discharge of any inmate from the custody of the department of corrections, the department shall provide a written advisement to such inmate of the prohibited acts and penalties specified in this section. The written advisement, at a minimum, shall include the written statement specified in subsection (6)(c) of this section.

(b)

Any written stipulation for deferred judgment and sentence entered into by a defendant pursuant to section 18-1.3-102 shall contain a written advisement of the prohibited acts and penalties specified in this section. The written advisement, at a minimum, shall include the written statement specified in subsection (6)(c) of this section.

(c)

The written statement shall provide that:

(I)

Intentionally left blank —Ed.

(A)

A person commits the crime of possession of a weapon by a previous offender in violation of this section if the person knowingly possesses, uses, or carries upon his or her person a firearm as described in section 18-1-901 (3)(h), or any other weapon that is subject to the provisions of this title subsequent to the person’s conviction for a felony, or subsequent to the person’s conviction for attempt or conspiracy to commit a felony, or subsequent to the person’s conviction for a misdemeanor crime of domestic violence as defined in 18 U.S.C. sec. 921 (a)(33)(A), or subsequent to the person’s conviction for attempt or conspiracy to commit such misdemeanor crime of domestic violence; and

(B)

As used in this subsection (6)(c), “felony” means any felony under Colorado law, federal law, or the laws of any other state; and

(II)

A violation of this section may result in a sentence of imprisonment or fine, or both.

(d)

The act of providing the written advisement described in this subsection (6) or the failure to provide such advisement may not be used as a defense to any crime charged and may not provide any basis for collateral attack on, or for appellate relief concerning, any conviction.

(7)

In addition to a conviction for felony crime as defined in section 24-4.1-302 (1), a felony conviction or adjudication for one of the following felonies prohibits a person from possessing, using, or carrying upon the person a firearm as defined in section 18-1-901 (3)(h) or any other weapon that is subject to this article 12 pursuant to subsection (1) or (3) of this section:

(a)

An offense subject to sentencing pursuant to section 18-1.3-1004;

(b)

First degree murder of a peace officer, firefighter, or emergency medical service provider in violation of section 18-3-107;

(c)

Criminal extortion in violation of section 18-3-207;

(d)

False imprisonment in violation of section 18-3-303;

(e)

Enticement of a child in violation of section 18-3-305;

(f)

Internet luring of a child in violation of section 18-3-306;

(g)

Internet sexual exploitation of a child in violation of section 18-3-405.4;

(h)

Unlawful sexual conduct by a peace officer in violation of section 18-3-405.7;

(i)

Unlawful termination of a pregnancy in the first degree in violation of section 18-3.5-103;

(j)

Unlawful termination of a pregnancy in the second degree in violation of section 18-3.5-104;

(k)

First degree arson in violation of section 18-4-102;

(l)

Second degree arson in violation of section 18-4-103;

(m)

Third degree arson in violation of section 18-4-104;

(n)

Fourth degree arson in violation of section 18-4-105;

(o)

Habitual child abuse in violation of section 18-6-401.2;

(p)

Contributing to the delinquency of a minor in violation of section 18-6-701;

(q)

Pandering in violation of section 18-7-203;

(r)

Pimping in violation of section 18-7-206;

(s)

Pandering of a child in violation of section 18-7-403;

(t)

Procurement of a child in violation of section 18-7-403.5;

(u)

Keeping a place of child prostitution in violation of section 18-7-404;
(v)
Impersonating a peace officer in violation of section 18-8-112;

(w)

Disarming a peace officer in violation of section 18-8-116;
(x)
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;

(y)

Assault during escape in violation of section 18-8-206;

(z)

Holding hostages in violation of section 18-8-207;

(aa)

Escape in violation of section 18-8-208;

(bb)

Attempt to escape in violation of section 18-8-208.1;

(cc)

Participation in a riot in detention facilities in violation of section 18-8-211;

(dd)

Intimidating a juror in violation of section 18-8-608;

(ee)

Inciting a riot in violation of section 18-9-102;

(ff)

Arming a rioter in violation of section 18-9-103;

(gg)

Engaging in a riot in violation of section 18-9-104;

(hh)

Vehicular eluding in violation of section 18-9-116.5;
(ii)
Firearms, explosives, or incendiary devices in facilities of public transportation in violation of section 18-9-118;

(jj)

Failure or refusal to leave premises or property upon request of a peace officer in violation of section 18-9-119;

(kk)

Terrorist training activities in violation of section 18-9-120;

(ll)

Aggravated cruelty to animals in violation of section 18-9-202;

(mm)

Treason in violation of section 18-11-101;

(nn)

Insurrection in violation of section 18-11-102;

(oo)

Advocating the overthrow of the government in violation of section 18-11-201;

(pp)

Inciting destruction of life or property in violation of section 18-11-202;

(qq)

Membership in anarchist and seditious associations in violation of section 18-11-203;

(rr)

Possessing a dangerous or illegal weapon in violation of section 18-12-102;

(ss)

Unlawfully carrying a weapon in violation of section 18-12-105.5;

(tt)

Use of a stun gun in violation of section 18-12-106.5;

(uu)

Illegal discharge of a firearm in violation of section 18-12-107.5;
(vv)
Possession of a weapon by a previous offender in violation of section 18-12-108 if committed on or after March 1, 2022;

(ww)

Possession of a handgun by a juvenile in violation of section 18-12-108.5;
(xx)
Unlawfully providing or permitting a juvenile to possess a handgun in violation of section 18-12-108.7;

(yy)

Possession, use, or removal of explosives or incendiary devices in violation of section 18-12-109;

(zz)

Unlawful purchase of a firearm in violation of section 18-12-111;

(aaa)

Possessing a large-capacity magazine during the commission of a crime of violence in violation of section 18-12-302 (1)(c);

(bbb)

Dueling in violation of section 18-13-104 if committed on or before October 1, 2023;

(ccc)

Intentionally setting a wildfire in violation of section 18-13-109.5;

(ddd)

Unlawful administration of ketamine in violation of section 18-13-123;

(eee)

Repealed.

(fff)

Organized crime in violation of section 18-17-104;

(ggg)

A special offender in violation of section 18-18-407 (1)(d)(II);

(hhh)

A criminal attempt, complicity, or conspiracy to commit any of the offenses listed in this subsection (7); and
(iii)
Unlawful conduct involving an unserialized firearm, frame, or receiver, as described in section 18-12-111.5.

Source: Section 18-12-108 — Possession of weapons by previous offenders, https://leg.­colorado.­gov/sites/default/files/images/olls/crs2023-title-18.­pdf (accessed Oct. 20, 2023).

18‑12‑101
Peace officer affirmative defense - definitions
18‑12‑102
Possessing a dangerous or illegal weapon - affirmative defense - definition
18‑12‑103
Possession of a defaced firearm
18‑12‑103.5
Defaced firearms - contraband - destruction
18‑12‑104
Defacing a firearm
18‑12‑105
Unlawfully carrying a concealed weapon - unlawful possession of weapons
18‑12‑105.5
Unlawfully carrying a weapon - unlawful possession of weapons - school, college, or university grounds
18‑12‑105.6
Limitation on local ordinances regarding firearms in private vehicles
18‑12‑106
Prohibited use of weapons - definitions
18‑12‑106.5
Use of stun guns
18‑12‑107
Penalty for second offense
18‑12‑107.5
Illegal discharge of a firearm - penalty
18‑12‑108
Possession of weapons by previous offenders
18‑12‑108.5
Possession of handguns by juveniles - prohibited - exceptions - penalty
18‑12‑108.7
Unlawfully providing or permitting a juvenile to possess a handgun - penalty - unlawfully providing a firearm other than a handgun to a juvenile - penalty
18‑12‑109
Possession, use, or removal of explosives or incendiary devices - possession of components thereof - chemical, biological, and nuclear weapons - persons exempt - hoaxes
18‑12‑110
Forfeiture of firearms
18‑12‑111
Unlawful purchase of firearms
18‑12‑111.5
Unlawful conduct involving an unserialized firearm, frame, or receiver - exceptions - penalties - authority to serialize a firearm
18‑12‑112
Private firearms transfers - sale and purchase - background check required - penalty - definitions
18‑12‑112.5
Firearms transfers by licensed dealers - sale and purchase - background check required - penalty - definitions
18‑12‑113
Failure to report a lost or stolen firearm - exception
18‑12‑114
Secure firearm storage required - penalty - exceptions
18‑12‑115
Waiting period for firearms sales - background check required - penalty - exceptions
18‑12‑201
Legislative declaration
18‑12‑202
Definitions
18‑12‑203
Criteria for obtaining a permit
18‑12‑204
Permit contents - validity - carrying requirements
18‑12‑205
Sheriff - application - procedure - background check
18‑12‑206
Sheriff - issuance or denial of permits - report
18‑12‑207
Judicial review - permit denial - permit suspension - permit revocation
18‑12‑208
Colorado bureau of investigation - duties
18‑12‑209
Issuance by sheriffs of temporary emergency permits
18‑12‑210
Maintenance of permit - address change - invalidity of permit
18‑12‑211
Renewal of permits
18‑12‑212
Exemption
18‑12‑213
Reciprocity
18‑12‑214
Authority granted by permit - carrying restrictions - local authority
18‑12‑215
Immunity
18‑12‑301
Definitions
18‑12‑302
Large-capacity magazines prohibited - penalties - exceptions
18‑12‑303
Identification markings for large-capacity magazines - rules
18‑12‑401
Definitions
18‑12‑402
Retail dealers - record - inspection
18‑12‑403
Record - failure to make - penalty
18‑12‑404
Jurisdiction - county courts
18‑12‑405
Locking device required - penalty
18‑12‑501
Background checks at gun shows - penalty
18‑12‑502
Records - penalty
18‑12‑503
Fees imposed by licensed gun dealers
18‑12‑504
Posted notice - penalty
18‑12‑505
Exemption
18‑12‑506
Definitions
18‑12‑507
Appropriation
18‑12‑508
Effective date
Green check means up to date. Up to date

Current through Fall 2024

§ 18-12-108’s source at colorado​.gov