Colorado criminal charge
Unlawfully providing or permitting a juvenile to possess a handgun in Colorado
Current through 2026 Colorado legislative session
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 | 2000 usd to 500000 usd (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 | 2000 usd to 500000 usd (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 (no statutory minimum) (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 1000 usd (no statutory minimum) (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) |
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.