Colorado criminal charge
Possessing a dangerous or illegal weapon in Colorado
Possessing a dangerous or illegal weapon is a criminal offense under Colorado law, defined by C.R.S. § 18-12-102. Its classification is not fixed: Colorado assigns a different penalty class depending on the circumstances of the offense. The class that applies — and the sentencing range that follows from it — depends on which statutory variant fits the facts.
Defined by C.R.S. § 18-12-102.
What is the penalty for possessing a dangerous or illegal weapon in Colorado?
| Penalty | Range | Basis | Authority |
|---|---|---|---|
| Jail / prison | 1 years to 3 years (Possessing a dangerous weapon — Applies when a person knowingly possesses a dangerous weapon (a firearm silencer, machine gun, rapid-fire device, short shotgun, or short rifle).) | presumptive | C.R.S. § 18-1.3-401 |
| Fine | $1,000 to $100,000 (Possessing a dangerous weapon — Applies when a person knowingly possesses a dangerous weapon (a firearm silencer, machine gun, rapid-fire device, short shotgun, or short rifle).) | discretionary | C.R.S. § 18-1.3-401 |
| Parole / supervision | 2 years to 2 years (Possessing a dangerous weapon — Applies when a person knowingly possesses a dangerous weapon (a firearm silencer, machine gun, rapid-fire device, short shotgun, or short rifle).; mandatory parole) | mandatory | C.R.S. § 18-1.3-401 |
| Jail / prison | up to 364 days (Possessing an illegal weapon — Applies when a person knowingly possesses an illegal weapon (a blackjack, gas gun, ballistic knife, or metallic knuckles).) | discretionary | C.R.S. § 18-1.3-501 |
| Fine | up to $1,000 (Possessing an illegal weapon — Applies when a person knowingly possesses an illegal weapon (a blackjack, gas gun, ballistic knife, or metallic knuckles).) | discretionary | C.R.S. § 18-1.3-501 |
Applies to offenses on/after 2018-07-01.
How is possessing a dangerous or illegal weapon classified in Colorado?
The classification depends on the circumstances:
| Variant | Classification | When it applies | Statute |
|---|---|---|---|
| Possessing a dangerous weapon | Class 5 Felony | Applies when a person knowingly possesses a dangerous weapon (a firearm silencer, machine gun, rapid-fire device, short shotgun, or short rifle). | 18-12-102(3) |
| Possessing an illegal weapon | Class 1 Misdemeanor | Applies when a person knowingly possesses an illegal weapon (a blackjack, gas gun, ballistic knife, or metallic knuckles). | 18-12-102(4) |
Common questions about possessing a dangerous or illegal weapon in Colorado
Is possessing a dangerous or illegal weapon a felony or a misdemeanor in Colorado?
It depends on the circumstances: possessing a dangerous or illegal weapon ranges from a Class 1 Misdemeanor to a Class 5 Felony in Colorado under C.R.S. § 18-12-102.
Possessing a dangerous weapon: Class 5 Felony (C.R.S. § 18-12-102(3)) · Possessing an illegal weapon: Class 1 Misdemeanor (C.R.S. § 18-12-102(4))
What are the penalties for possessing a dangerous or illegal weapon in Colorado?
Penalties for possessing a dangerous or illegal weapon in Colorado depend on how it is classified — from a Class 1 Misdemeanor up to a Class 5 Felony — with the ranges set by C.R.S. § 18-1.3-401 and C.R.S. § 18-1.3-501; the full table of ranges by variant is published on this page.
Which Colorado statute covers possessing a dangerous or illegal weapon?
Possessing a dangerous or illegal weapon is governed by C.R.S. § 18-12-102 (Possessing a dangerous or illegal weapon - affirmative defense - definition).
Legal terms used in this law
This reference is informational and is not legal advice. Penalty ranges are the statutory classification ranges; sentencing in a specific case depends on its facts and history.