Colorado Springs Weapons Charge Lawyer
Weapons Charge Criminal Defense
On This Page
- Charged With a Weapons Offense in Colorado Springs?
- Carrying a Concealed Weapon
- Places Where Firearms Are Prohibited
- Prohibited Use of Weapons
- Possession of a Weapon by a Previous Offender
- Purchase, Transfer, and Ghost Gun Laws
- Recent Colorado Firearm Laws
- Federal Firearm Charges
- Weapons Allegations in Other Cases
- How Weapons Charges Are Defended
- Consequences Beyond the Sentence
- Working With a Colorado Springs Weapons Charge Lawyer
- Frequently Asked Questions
- Sources
Charged With a Weapons Offense in Colorado Springs?
Colorado Springs has a large community of lawful gun owners, including hunters, sport shooters, veterans, and active duty service members. Many weapons charges here involve people who never intended to break the law: someone who carried a handgun into a restricted building, handled a gun after drinking, forgot about a prior conviction, or sold a firearm to a friend without a background check.
Colorado's firearm laws have changed significantly in recent years, with new rules on waiting periods, purchase age, unserialized firearms, sensitive places, and certain semiautomatic firearms. Those changes have created new ways for otherwise law-abiding people to face charges.
This page explains the most common Colorado weapons charges, their penalties, the recent changes in the law, and how weapons cases are defended in El Paso County and the surrounding counties.
What to Do After a Weapons Arrest
- Do not explain where the gun came from or why you had it without a lawyer.
- Follow bond conditions about firearms exactly. Many bond orders require you to give up all firearms during the case.
- Gather documents such as your concealed handgun permit, purchase records, and any court orders that restored your rights.
- Do not post about the case online, including photos of firearms.
Carrying a Concealed Weapon
Under C.R.S. 18-12-105, knowingly and unlawfully carrying a concealed knife or firearm is a class 1 misdemeanor, punishable by up to 364 days in jail and a fine of up to $1,000. The statute lists important exceptions. It is not an offense if the person was:
- in their own home, place of business, or on property they own or control;
- in a private vehicle, carrying the weapon for lawful protection of themselves, others, or property while traveling;
- carrying a handgun with a valid concealed handgun permit or temporary emergency permit, outside the places where permit holders are still prohibited; or
- a peace officer or certain federal officers acting under their agency's policies.
Concealed handgun permits in El Paso County are issued by the El Paso County Sheriff's Office. A permit does not authorize carrying everywhere, and it does not apply to knives or to carrying while intoxicated.
Knives
Colorado's concealed weapon statute covers knives, but the legal definition generally excludes small pocketknives with blades under three and a half inches. Whether a particular knife meets the definition is often a key issue in these cases.
Places Where Firearms Are Prohibited
Since July 1, 2024, Colorado has prohibited carrying firearms in several sensitive places, with limited exceptions:
- state legislative buildings and local government governing-body buildings, including adjacent parking areas;
- courthouses and other buildings used for court proceedings;
- licensed child care centers, K-12 schools, colleges, universities, and seminaries; and
- polling locations and central count facilities during elections.
Under C.R.S. 18-12-105.5, knowingly carrying a firearm on the grounds of a licensed child care center, school, or college is a class 1 misdemeanor, while carrying another deadly weapon on school or college grounds is a class 6 felony. Exceptions include concealed handgun permit holders in the parking areas of child care centers and colleges, unloaded weapons kept in a vehicle on college grounds, and school-approved programs.
Federal property has its own rules. Carrying a firearm onto Fort Carson, Peterson Space Force Base, Schriever Space Force Base, the Air Force Academy, or federal buildings without authorization can lead to federal charges or military action.
Prohibited Use of Weapons
Under C.R.S. 18-12-106, each of the following is a class 1 misdemeanor:
- knowingly and unlawfully aiming a firearm at another person;
- recklessly or with criminal negligence discharging a firearm or shooting a bow and arrow;
- knowingly setting a loaded gun or explosive trap that is left unattended; or
- possessing a firearm while under the influence of alcohol or a controlled substance.
The intoxication provision catches many people who never fired or displayed a gun, such as someone with a holstered handgun at a bar or in a car after drinking. A concealed handgun permit is not a defense. These charges are often filed with DUI or domestic violence charges. See our DUI page.
Pointing a firearm at someone can also lead to felony menacing charges, which carry far more serious penalties.
Possession of a Weapon by a Previous Offender
Under C.R.S. 18-12-108, a person commits possession of a weapon by a previous offender, often called POWPO, by knowingly possessing, using, or carrying a firearm after a conviction for a qualifying felony, which includes felonies listed in the Victim Rights Act and a list of other offenses in the statute, whether the conviction was under Colorado, federal, or another state's law. The prohibition also applies to people adjudicated delinquent as juveniles for acts that would be felonies, within ten years of completing the sentence.
- POWPO is a class 5 felony, carrying 1 to 3 years in prison and a fine of $1,000 to $100,000.
- If the person used or threatened to use the firearm while committing another crime, probation is not available and the court must impose a prison sentence.
POWPO cases often begin with a traffic stop or a search for something else. "Possession" can include constructive possession, such as a gun in a shared car or bedroom, which is often disputed. The law also allows a person to petition a court for permission to possess a firearm for good cause in certain circumstances.
Federal law separately prohibits firearm possession by people with felony convictions, people convicted of misdemeanor domestic violence, people subject to certain protection orders, and unlawful drug users. Federal charges carry their own penalties.
Purchase, Transfer, and Ghost Gun Laws
Private Transfers
Under C.R.S. 18-12-112, most private transfers of firearms require a background check run through a licensed dealer. Exceptions include gifts and loans between immediate family members, temporary transfers in the owner's presence or for up to 72 hours, and temporary use at ranges and while hunting. A violation is a class 2 misdemeanor and brings a two-year firearm prohibition.
Purchase Age and Waiting Period
Colorado generally prohibits selling firearms to people under 21, with exceptions for active military members and peace officers. Under C.R.S. 18-12-115, a firearm generally cannot be delivered until at least three days after the background check is started. A federal court declined to block the waiting period in 2023, and it remains in effect, though a federal lawsuit challenging it was still pending in fall 2026.
Unserialized Firearms
Under C.R.S. 18-12-111.5, it is a crime to possess, sell, or make an unfinished frame or receiver or a firearm without a serial number from a federal licensee, including 3D-printed firearms.
A first offense is a class 1 misdemeanor, and a second or later offense is a class 5 felony. Antique and permanently inoperable firearms are excepted. In 2026, the legislature passed HB26-1144, effective July 1, 2026, which further addresses firearms and parts made with 3D printers.
Recent Colorado Firearm Laws
Specified Semiautomatic Firearms
Under SB25-003, beginning August 1, 2026, the sale, purchase, transfer, and manufacture of certain semiautomatic firearms with detachable magazines is prohibited unless the buyer has completed the required firearms safety training. The covered firearms include semiautomatic rifles and shotguns with detachable magazines and gas-operated semiautomatic handguns with detachable magazines, with listed exclusions. To take the required course, a person must first obtain a firearms safety course eligibility card from a county sheriff.
A violation of the purchase and transfer rules is a class 2 misdemeanor for a first offense and a class 6 felony for a second or later offense. The law does not require people to give up firearms they already owned. Because the rules are new, the details of compliance often turn on the specific firearm and the training completed.
Large-Capacity Magazines
Selling, transferring, or possessing a large-capacity magazine, generally one that holds more than 15 rounds, has been prohibited in Colorado since 2013 with limited exceptions. Violations are misdemeanors, and some repeat or aggravated violations are felonies.
Safe Storage
Colorado requires firearms to be stored securely when a person knows or should know that a juvenile or a person prohibited from possessing firearms could access them, and in many circumstances when left in an unattended vehicle. Violations are misdemeanors.
Extreme Risk Protection Orders
Colorado's red flag law allows courts to order a person to give up firearms when they pose a significant risk to themselves or others. These are civil orders, but violating one is a crime. We can help people respond to an extreme risk protection order petition.
Federal Firearm Charges
Some weapons cases in the Colorado Springs area are prosecuted in federal court by the United States Attorney's Office for the District of Colorado, often after investigations by the Bureau of Alcohol, Tobacco, Firearms and Explosives. Federal firearm charges commonly involve:
- possession of a firearm by a person with a felony conviction, a misdemeanor domestic violence conviction, or a qualifying protection order;
- possession of a firearm by an unlawful user of controlled substances;
- false statements on federal firearm purchase forms, including straw purchases;
- possession of unregistered machine guns, short-barreled rifles, or conversion devices; and
- using or carrying a firearm during a drug trafficking crime or crime of violence.
Federal sentences are driven by the federal sentencing guidelines and, for some offenses, mandatory minimum terms. Some cases begin in state court and are later adopted by federal prosecutors, so it is important to understand the federal exposure early. Weapons offenses on Fort Carson, Peterson and Schriever Space Force Bases, and the Air Force Academy can also be prosecuted federally.
Weapons Allegations in Other Cases
Firearms often change the seriousness of other charges:
- Domestic violence. A protection order in a domestic violence case requires giving up firearms. See our protection order page.
- Drug cases. Possessing a firearm during certain drug offenses can make a person a special offender, raising the charge level.
- Assault and menacing. Use of a firearm can turn a misdemeanor into a felony and trigger crime of violence sentencing.
- Theft. Theft of a firearm is a felony regardless of its value. See our theft page.
How Weapons Charges Are Defended
No lawyer can promise a particular result, but these are the issues that come up most often.
Statutory Exceptions
Many weapons statutes contain exceptions for homes, vehicles, permit holders, and family transfers. Showing that the conduct fits an exception can end the case.
Possession
When a firearm is found in a shared car, home, or bag, the prosecution must prove the accused knowingly possessed it. Fingerprints, DNA, ownership records, and witness statements often decide this issue.
Unlawful Searches
Firearms found during an unlawful traffic stop, pat-down, or home search may be suppressed. Many weapons cases depend on the legality of the search.
Prior Conviction Issues
In POWPO cases, the prosecution must prove a qualifying prior felony. Deferred judgments, juvenile cases outside the ten-year window, out-of-state convictions, and convictions that were later vacated can all affect whether the prohibition applied.
Intoxication Evidence
For possession while intoxicated, the prosecution must prove the person was under the influence, not merely that they had consumed alcohol. Video, field sobriety tests, and testing records are often contested.
Constitutional Challenges
Second Amendment law has changed since the Supreme Court's 2022 decision in New York State Rifle & Pistol Association v. Bruen. Some newer firearm laws are being challenged in court, and those challenges may be relevant in certain cases.
Consequences Beyond the Sentence
- Firearm rights. A felony conviction generally ends the right to possess firearms under federal law, and qualifying felonies bring a Colorado prohibition as well. Some misdemeanor convictions bring temporary prohibitions.
- Concealed handgun permits. A charge can lead to suspension of a permit, and a conviction can lead to revocation.
- Forfeiture. Firearms used in a crime can be forfeited.
- Military members. Service members at Fort Carson, Peterson and Schriever Space Force Bases, and the Air Force Academy can face command action and security clearance problems.
- Employment. Weapons convictions affect jobs in security, law enforcement, and any position requiring a firearm.
- Your record. Many weapons misdemeanors and dismissed cases can be sealed. See our record sealing page.
Working With a Colorado Springs Weapons Charge Lawyer
Attorney Michael W. Moran has been licensed to practice law in Colorado since 1995 and is a former municipal court judge. He represents people charged with concealed carry, prohibited use, POWPO, transfer, and other weapons offenses in El Paso, Teller, Pueblo, and Fremont counties.
A first meeting covers how the firearm was found, any permits or prior records, the search that led to the charge, and the realistic outcomes, including how to protect your firearm rights.
Criminal Defense Colorado Springs, P.C. offers free, confidential consultations.
Frequently Asked Questions
Is carrying a concealed gun without a permit illegal in Colorado?
Generally, yes. Carrying a concealed firearm without a permit is a class 1 misdemeanor, but there are exceptions for carrying in your own home, business, or property, and in a private vehicle for lawful protection while traveling.
Can I have a gun in my car in Colorado?
Yes, in most situations. Colorado law allows a person in a private vehicle to carry a weapon for lawful protection while traveling, but restrictions still apply in places like school grounds and some government buildings.
Is it illegal to have a gun while drunk in Colorado?
Yes. Possessing a firearm while under the influence of alcohol or a controlled substance is a class 1 misdemeanor, even if the gun is holstered and you have a concealed handgun permit.
What is the penalty for a felon in possession of a firearm in Colorado?
Possession of a weapon by a previous offender is a class 5 felony, with a presumptive range of 1 to 3 years in prison. If the firearm was used or threatened in another crime, prison is mandatory.
Can I sell a gun to a friend in Colorado?
Only after a background check run through a licensed dealer, unless an exception applies, such as a gift or loan to an immediate family member.
What changed in Colorado gun law in August 2026?
Beginning August 1, 2026, buying or transferring certain semiautomatic firearms with detachable magazines requires completion of specified firearms safety training, which in turn requires an eligibility card from a county sheriff.
Can a felony conviction from another state stop me from owning a gun in Colorado?
It can. Colorado's previous offender statute applies to qualifying felony convictions from any state or the federal system, and federal law separately prohibits firearm possession after almost any felony conviction.
Sources
- C.R.S. 18-12-105, Unlawfully carrying a concealed weapon
- C.R.S. 18-12-105.5, Weapons on school grounds
- C.R.S. 18-12-106, Prohibited use of weapons
- C.R.S. 18-12-108, Possession of weapons by previous offenders
- C.R.S. 18-12-111.5, Unserialized firearms
- C.R.S. 18-12-112, Private firearms transfers
- C.R.S. 18-12-115, Waiting period
- SB25-003, Semiautomatic Firearms and Rapid-Fire Devices
- SB24-131, Prohibiting Carrying Firearms in Sensitive Spaces
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