C.R.S. Section 18-12-108.5
Possession of handguns by juveniles

  • prohibited
  • exceptions
  • penalty

(1)

Intentionally left blank —Ed.

(a)

Except as provided in this section, it is unlawful for any person who has not attained the age of eighteen years knowingly to have any handgun in such person’s possession.

(b)

Any person possessing any handgun in violation of paragraph (a) of this subsection (1) commits the offense of illegal possession of a handgun by a juvenile.

(c)

Intentionally left blank —Ed.

(I)

Illegal possession of a handgun by a juvenile is a class 2 misdemeanor.

(II)

For any second or subsequent offense, illegal possession of a handgun by a juvenile is a class 5 felony.

(d)

A person under the age of eighteen years who is taken into custody by a law enforcement officer for an offense pursuant to this section must be taken into temporary custody in the manner described in section 19-2.5-305.

(2)

This section shall not apply to:

(a)

Any person under the age of eighteen years who is:

(I)

In attendance at a hunter’s safety course or a firearms safety course; or

(II)

Engaging in practice in the use of a firearm or target shooting at an established range authorized by the governing body of the jurisdiction in which such range is located or any other area where the discharge of a firearm is not prohibited; or

(III)

Engaging in an organized competition involving the use of a firearm or participating in or practicing for a performance by an organized group under 501 (c)(3) as determined by the federal internal revenue service which uses firearms as a part of such performance; or

(IV)

Hunting or trapping pursuant to a valid license issued to such person pursuant to article 4 of title 33, C.R.S.; or

(V)

Traveling with any handgun in such person’s possession being unloaded to or from any activity described in subparagraph (I), (II), (III), or (IV) of this paragraph (a);

(b)

Any person under the age of eighteen years who is on real property under the control of such person’s parent, legal guardian, or grandparent and who has the permission of such person’s parent or legal guardian to possess a handgun;

(c)

Any person under the age of eighteen years who is at such person’s residence and who, with the permission of such person’s parent or legal guardian, possesses a handgun for the purpose of exercising the rights contained in section 18-1-704 or section 18-1-704.5.

(3)

For the purposes of subsection (2) of this section, a handgun is “loaded” if:

(a)

There is a cartridge in the chamber of the handgun; or

(b)

There is a cartridge in the cylinder of the handgun, if the handgun is a revolver; or

(c)

The handgun, and the ammunition for such handgun, is carried on the person of a person under the age of eighteen years or is in such close proximity to such person that such person could readily gain access to the handgun and the ammunition and load the handgun.

(4)

Repealed.

Source: Section 18-12-108.5 — Possession of handguns by juveniles - prohibited - exceptions - penalty, 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

§ 18-12-108.5’s source at colorado​.gov