Colorado criminal charge
Unlawfully carrying a weapon in Colorado
Unlawfully carrying a weapon is a criminal offense under Colorado law, defined by C.R.S. § 18-12-105.5. 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. § 18-12-105.5.
What is the penalty for unlawfully carrying a weapon in Colorado?
| Penalty | Range | Basis | Authority |
|---|---|---|---|
| Jail / prison | 12 months to 18 months (Unlawfully carrying a deadly weapon (non-firearm) on school grounds — Applies when a person violates subsection (1)(a) by carrying a deadly weapon other than a firearm on school, college, or university grounds without legal authority.) | presumptive | C.R.S. § 18-1.3-401 |
| Fine | $1,000 to $100,000 (Unlawfully carrying a deadly weapon (non-firearm) on school grounds — Applies when a person violates subsection (1)(a) by carrying a deadly weapon other than a firearm on school, college, or university grounds without legal authority.) | discretionary | C.R.S. § 18-1.3-401 |
| Parole / supervision | 1 years to 1 years (Unlawfully carrying a deadly weapon (non-firearm) on school grounds — Applies when a person violates subsection (1)(a) by carrying a deadly weapon other than a firearm on school, college, or university grounds without legal authority.; mandatory parole) | mandatory | C.R.S. § 18-1.3-401 |
| Jail / prison | up to 364 days (Unlawfully carrying a firearm on school or child care grounds — Applies when a person violates subsection (1)(a.5) by knowingly carrying a firearm, openly or concealed, on the grounds of a licensed child care center, school, college, or university.) | discretionary | C.R.S. § 18-1.3-501 |
| Fine | up to $1,000 (Unlawfully carrying a firearm on school or child care grounds — Applies when a person violates subsection (1)(a.5) by knowingly carrying a firearm, openly or concealed, on the grounds of a licensed child care center, school, college, or university.) | discretionary | C.R.S. § 18-1.3-501 |
Applies to offenses on/after 2018-07-01.
How is unlawfully carrying a weapon classified in Colorado?
The classification depends on the circumstances:
| Variant | Classification | When it applies | Statute |
|---|---|---|---|
| Unlawfully carrying a deadly weapon (non-firearm) on school grounds | Class 6 Felony | Applies when a person violates subsection (1)(a) by carrying a deadly weapon other than a firearm on school, college, or university grounds without legal authority. | 18-12-105.5(1)(b)(I) |
| Unlawfully carrying a firearm on school or child care grounds | Class 1 Misdemeanor | Applies when a person violates subsection (1)(a.5) by knowingly carrying a firearm, openly or concealed, on the grounds of a licensed child care center, school, college, or university. | 18-12-105.5(1)(b)(II) |
Common questions about unlawfully carrying a weapon in Colorado
Is unlawfully carrying a weapon a felony or a misdemeanor in Colorado?
It depends on the circumstances: unlawfully carrying a weapon ranges from a Class 1 Misdemeanor to a Class 6 Felony in Colorado under C.R.S. § 18-12-105.5.
Unlawfully carrying a deadly weapon (non-firearm) on school grounds: Class 6 Felony (C.R.S. § 18-12-105.5(1)(b)(I)) · Unlawfully carrying a firearm on school or child care grounds: Class 1 Misdemeanor (C.R.S. § 18-12-105.5(1)(b)(II))
What are the penalties for unlawfully carrying a weapon in Colorado?
Penalties for unlawfully carrying a weapon in Colorado depend on how it is classified — from a Class 1 Misdemeanor up to a Class 6 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 unlawfully carrying a weapon?
Unlawfully carrying a weapon is governed by C.R.S. § 18-12-105.5 (Unlawfully carrying a weapon - unlawful possession of weapons - school, college, or university grounds - 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.