Felon in Possession of a Firearm in Colorado

It is a Class 5 felony in Colorado for a convicted felon knowingly to possess, use or carry a firearm or other prohibited weapon. In Colorado, the crime of felon in possession of a firearm is referred to as “possession of a weapon by a previous offender” (POWPO), in part because it forbids possession of all weapons, not just firearms.

If convicted, a perpetrator may be sentenced as follows:

• A period of imprisonment of 1 to 3 years
• Mandatory parole of 2 years
• Payment of a fine of $1,000 to $100,000.

If the perpetrator threatened to use or used a firearm in the commission of another crime, they could not be sentenced to probation.

In addition, convictions of firearm offenses can result in deportation. A person would want to consult with an attorney about all the possible immigration consequences of conviction for being a felon in possession of a firearm.

The prohibition covers all types of firearms. It is important to note that an individual commits this crime if they possess any weapon other than a firearm also if it is specified in the law. An individual may not possess firearms and other weapons if they have been convicted of a felony or of the attempt or conspiring to commit a felony under the law of Colorado or any other state or federal law.

Among the weapons that a convicted felon may not possess is a crossbow, even if used for hunting, and a knife. There is an exception for knives that are used for hunting and fishing purposes; this would be a knife with a blade that is less than 3.5 inches in length.

The firearm does not have to be in working order for possession to be a criminal offense. If it is a weapon designed to deliver deadly force, it qualifies as a firearm under the law. In addition, 2 or more defendants can possess a firearm at the same time. An individual does not have to be touching or holding a firearm to possess it. A local Colorado attorney would be able to explain the offense in more detail.

To convict an individual of felon in possession, a Colorado district attorney must prove the following elements of the crime beyond a reasonable doubt:

• That the individual owned, cared for, controlled, or possessed the firearm or other prohibited weapon
• That they knew that they had done this and
• That they have been convicted of felony criminal offense in the past.

To be considered a “felon,” as defined by the law, an individual has to have been convicted of a criminal offense that is classified as a felony. The individual could have been convicted in any of the 50 states in the U.S.

Of course, the federal government has its own system of criminal law, and an individual may have been convicted of a federal felony criminal offense, which also means that the individual may not possess firearms.

A “firearm” is any device designed for use as a weapon that uses an explosion or combustion to expel a projectile through a barrel. It does not need to be loaded or even in good working order.

A “firearm” includes the following:

• Long guns,
• Handguns, and
• Firearms that are concealed.

Possession does not mean that the person had the firearm on their person or in their hand. Possession can be actual or it can be constructive. The term “actual possession” is defined as follows in Colorado:

• An individual has an item in their hand or on their person
• The item is within the reach of and under the control of an individual
• The item is in a container in the individual’s hand or on their person.

“Constructive possession” means knowingly having control over something, whether the control is direct, e.g., because an individual has it in their hand, or indirect, which is when the firearm is in a place controlled by an individual.

The law concerning how “possession” is defined can be quite technical. An individual should consult with an attorney if they have been charged with a firearm possession offense.

What Is the Minimum Sentence for Felon in Possession of a Firearm?

If the perpetrator has at least 2 prior felony convictions, serving time in state prison is mandatory. A period of probation of up to 2 years is mandatory. A perpetrator could be sentenced to as many as 1 to 3 years in prison. However, a shorter or longer sentence is also possible, depending on the criminal record of the defendant and the facts and circumstances of their particular offense.

It is possible that a defendant’s sentence could be enhanced, and then they might be sentenced to more than 3 years in prison. They cannot be sentenced to payment of a fine only.

Can a Felon Be Around a Person With a Gun?

An individual who has been convicted of a felony would probably want to stay well away from firearms and other weapons that convicted felons are prohibited from possessing in Colorado.

This would mean avoiding the presence of others who have firearms because Colorado law defines “possession” as having control over an item.

There are two types of possession as follows:

“Actual possession” means that the convicted felon has direct, physical control of a firearm. For example, they might have it on their person or in the glove compartment of their car.

An individual who has been convicted of a felony would probably want to stay well away from firearms. This would mean avoiding the presence of others who have firearms because “possession” may be defined as having control over an item. The law recognizes two types of possession:

• Actual possession and
• Constructive possession.

The term “constructive possession” means having access to a firearm or other weapon or the right to control it, even when the item is not within an individual’s actual physical possession or even within their physical reach. It is easy to imagine that a convicted felon in the presence of another who owns a gun that is physically accessible to both of them could be charged with the crime of possession.

Even if the convicted felon does not own the firearm or other weapon, they might end up charged with possession and have to appear in court to argue that it was not theirs and they did not have constructive possession of it. Again, the same concerns apply to other weapons that Colorado law denies to convicted felons.

What Weapons Can a Felon Own To Protect Themselves?

As noted above, a “firearm” is any device intended to be used as a weapon and is powered by an explosion or combustion to expel a projectile through a barrel. To be convicted of the crime of being a felon in possession of a firearm does not require that the firearm is loaded or in good working order.

In Colorado law, a “firearm” may be any of the following:

• Long guns
• Handguns
• Pistols
• Rifles
• Muzzleloaders
• Concealed firearms.

An individual with a felony conviction would want to be sure to consult specific local laws also, because municipalities may impose additional restrictions or requirements on the possession of such devices as tasers and stun guns by convicted felons.

Otherwise, an individual who has been convicted of a felony might want to stay well away from firearms and other lethal weapons of all types. They might consider exercising extra caution in their activities to avoid any risk of harm and calling the police if their safety is threatened.

A convicted felon who wants to own a weapon should consult with an attorney.

Can a Felon’s Gun Rights Be Restored?

A convicted felon may restore their right to possess a firearm or other weapons if they can obtain a pardon from the governor of Colorado. If they have been convicted of a federal felony, they would have to get a pardon from the president of the U.S. Colorado expungement does not restore a convicted felon’s right to possess weapons in Colorado.

An individual must meet the requirements for a governor’s pardon, which are as follows:

• Show that they had good character before their conviction
• Show good conduct during any period of incarceration
• Provide state from the judge who sentenced them as well as the district attorney and the prosecuting attorney in their case
• Provide any materials relevant to showing their rehabilitation.

Pardons are generally not available until at least 10 years have passed since the individual completed their sentence.

Do I Need a Lawyer if I Am Charged With Felon in Possession of a Firearm?

If you have been charged with being a felon in possession of a firearm, defenses are available to you. LegalMatch.com can connect you to a Colorado criminal defense lawyer who can review your case and identify any defenses that might be available. Your lawyer can also determine if you might be able to restore your right to possess a firearm and other weapons in Colorado.