Colorado criminal charge
Unlawfully providing or permitting a juvenile to possess a handgun in Colorado
Unlawfully providing or permitting a juvenile to possess a handgun is a criminal offense under Colorado law, defined by C.R.S. § 18-12-108.7. 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. § 18-12-108.7.
What is the penalty for unlawfully providing or permitting a juvenile to possess a handgun in Colorado?
| Penalty | Range | Basis | Authority |
|---|---|---|---|
| Jail / prison | 2 years to 6 years (Unlawfully providing/permitting handgun possession - general violation — Applies when a person intentionally, knowingly, or recklessly provides a handgun to a juvenile in violation of section 18-12-108.5, or knows of such conduct and fails to make reasonable efforts to prevent it, as described in subsection (1)(a).) | presumptive | C.R.S. § 18-1.3-401 |
| Fine | $2,000 to $500,000 (Unlawfully providing/permitting handgun possession - general violation — Applies when a person intentionally, knowingly, or recklessly provides a handgun to a juvenile in violation of section 18-12-108.5, or knows of such conduct and fails to make reasonable efforts to prevent it, as described in subsection (1)(a).) | discretionary | C.R.S. § 18-1.3-401 |
| Parole / supervision | 3 years to 3 years (Unlawfully providing/permitting handgun possession - general violation — Applies when a person intentionally, knowingly, or recklessly provides a handgun to a juvenile in violation of section 18-12-108.5, or knows of such conduct and fails to make reasonable efforts to prevent it, as described in subsection (1)(a).; mandatory parole) | mandatory | C.R.S. § 18-1.3-401 |
| Jail / prison | 2 years to 6 years (Unlawfully providing/permitting handgun possession - aware of substantial risk of felony use — Applies when a person provides or permits a juvenile to possess a handgun while aware of a substantial risk the juvenile will use it to commit a felony, or fails to make reasonable efforts to prevent such use, including where the juvenile has a prior violent crime conviction or delinquency adjudication, as described in subsection (2)(a).) | presumptive | C.R.S. § 18-1.3-401 |
| Fine | $2,000 to $500,000 (Unlawfully providing/permitting handgun possession - aware of substantial risk of felony use — Applies when a person provides or permits a juvenile to possess a handgun while aware of a substantial risk the juvenile will use it to commit a felony, or fails to make reasonable efforts to prevent such use, including where the juvenile has a prior violent crime conviction or delinquency adjudication, as described in subsection (2)(a).) | discretionary | C.R.S. § 18-1.3-401 |
| Parole / supervision | 3 years to 3 years (Unlawfully providing/permitting handgun possession - aware of substantial risk of felony use — Applies when a person provides or permits a juvenile to possess a handgun while aware of a substantial risk the juvenile will use it to commit a felony, or fails to make reasonable efforts to prevent such use, including where the juvenile has a prior violent crime conviction or delinquency adjudication, as described in subsection (2)(a).; mandatory parole) | mandatory | C.R.S. § 18-1.3-401 |
| Jail / prison | up to 364 days (Unlawfully providing a firearm other than a handgun to a juvenile — Applies when a person sells, rents, or transfers ownership or allows unsupervised possession of a firearm other than a handgun to a juvenile without parental or guardian consent.) | discretionary | C.R.S. § 18-1.3-501 |
| Fine | up to $1,000 (Unlawfully providing a firearm other than a handgun to a juvenile — Applies when a person sells, rents, or transfers ownership or allows unsupervised possession of a firearm other than a handgun to a juvenile without parental or guardian consent.) | discretionary | C.R.S. § 18-1.3-501 |
Applies to offenses on/after 2018-07-01.
How is unlawfully providing or permitting a juvenile to possess a handgun classified in Colorado?
The classification depends on the circumstances:
| Variant | Classification | When it applies | Statute |
|---|---|---|---|
| Unlawfully providing/permitting handgun possession - general violation | Class 4 Felony | Applies when a person intentionally, knowingly, or recklessly provides a handgun to a juvenile in violation of section 18-12-108.5, or knows of such conduct and fails to make reasonable efforts to prevent it, as described in subsection (1)(a). | 18-12-108.7(1)(b) |
| Unlawfully providing/permitting handgun possession - aware of substantial risk of felony use | Class 4 Felony | Applies when a person provides or permits a juvenile to possess a handgun while aware of a substantial risk the juvenile will use it to commit a felony, or fails to make reasonable efforts to prevent such use, including where the juvenile has a prior violent crime conviction or delinquency adjudication, as described in subsection (2)(a). | 18-12-108.7(2)(b) |
| Unlawfully providing a firearm other than a handgun to a juvenile | Class 1 Misdemeanor | Applies when a person sells, rents, or transfers ownership or allows unsupervised possession of a firearm other than a handgun to a juvenile without parental or guardian consent. | 18-12-108.7(3) |
Common questions about unlawfully providing or permitting a juvenile to possess a handgun in Colorado
Is unlawfully providing or permitting a juvenile to possess a handgun a felony or a misdemeanor in Colorado?
It depends on the circumstances: unlawfully providing or permitting a juvenile to possess a handgun ranges from a Class 1 Misdemeanor to a Class 4 Felony in Colorado under C.R.S. § 18-12-108.7.
Unlawfully providing/permitting handgun possession - general violation: Class 4 Felony (C.R.S. § 18-12-108.7(1)(b)) · Unlawfully providing/permitting handgun possession - aware of substantial risk of felony use: Class 4 Felony (C.R.S. § 18-12-108.7(2)(b)) · Unlawfully providing a firearm other than a handgun to a juvenile: Class 1 Misdemeanor (C.R.S. § 18-12-108.7(3))
What are the penalties for unlawfully providing or permitting a juvenile to possess a handgun in Colorado?
Penalties for unlawfully providing or permitting a juvenile to possess a handgun in Colorado depend on how it is classified — from a Class 1 Misdemeanor up to a Class 4 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 providing or permitting a juvenile to possess a handgun?
Unlawfully providing or permitting a juvenile to possess a handgun is governed by C.R.S. § 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).
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.