Weapons Charges in Denver: Your Rights and Defense Options

Facing weapons charges in Colorado? Understand your rights and learn how an experienced criminal defense attorney can protect your future.

Published by Lori Beck, Criminal Defense Attorney | Beck Law Office

Being charged with a weapons offense in Denver can feel overwhelming. Whether it involves a firearm, knife, or other weapon, these charges carry serious consequences that can impact your freedom, your right to own firearms in the future, and your employment opportunities. As a former Deputy District Attorney with over 24 years of experience defending clients throughout Colorado, I want to help you understand what you’re facing and how to protect your rights.

Understanding Colorado Weapons Laws

Colorado’s weapons statutes are complex, covering everything from illegal possession to improper use. The law divides weapons into two main categories, each carrying different penalties:

Dangerous Weapons (Felony Charges)

Under Colorado law, it’s a Class 5 felony to possess a “dangerous weapon,” which includes:

• • Firearms with silencers
  • Machine guns
  • Short shotguns and short rifles
  • Ballistic knives (spring-loaded blade projection devices)

Penalties: 1–3 years in prison and/or fines up to $100,000

Illegal Weapons (Misdemeanor Charges)

It’s a Class 1 misdemeanor to knowingly possess an “illegal weapon,” including:

• • Blackjacks
  • Gas guns
  • Switchblade knives
  • Metallic knuckles (brass knuckles)

Penalties: 6–18 months in jail and/or fines up to $5,000

Common Weapons Charges in Denver

Prohibited Use of a Firearm

This charge applies when someone uses a gun while under the influence of alcohol or drugs, or recklessly fires a weapon. Even legal gun owners can face these charges if they use their firearm improperly.

Possession of a Weapon by a Previous Offender (POWPO)

This is one of the most serious weapons charges. If you’re a convicted felon, it’s unlawful to own, possess, or carry any firearm. It’s also illegal for juveniles previously convicted of felony-level offenses to possess firearms.

Penalties: Class 6 felony carrying 1 year to 18 months in prison and/or fines up to $100,000

Unlawfully Carrying a Concealed Weapon

While Colorado recognizes concealed carry permits, firearms are prohibited in certain locations like schools and government buildings. Even with a valid permit, carrying in restricted areas can result in charges.

Penalties: Class 2 misdemeanor with up to 1 year jail time and/or fines up to $1,000

Defacing a Firearm

Removing or altering a firearm’s serial number, or possessing a firearm with a defaced serial number, is illegal in Colorado.

Penalties: Class 1 misdemeanor with 6–18 months in jail and/or fines up to $5,000

The Importance of Intent in Weapons Cases

Intent often plays a crucial role in weapons charges. An everyday object can become a “deadly weapon” if used with intent to cause harm. For example, a baseball bat is perfectly legal to own, but if used to threaten someone during an argument, it could be considered a deadly weapon in the context of assault charges.

This is where having an experienced defense attorney becomes critical. We examine the circumstances surrounding your case to challenge the prosecution’s claims about intent.

Your Constitutional Rights and Weapons Charges

Second Amendment Protections

The right to bear arms is constitutionally protected, but it’s not unlimited. Colorado law tries to balance public safety with individual rights. However, prosecutors sometimes overreach, and we’re here to ensure your constitutional rights are protected.

Fourth Amendment Protections

Many weapons cases stem from traffic stops or searches. If law enforcement violated your Fourth Amendment rights by conducting an illegal search or seizure, we can challenge the evidence and potentially get your charges dismissed.

Building Your Defense Strategy

From my experience as both a prosecutor and defense attorney, I know that every weapons case is unique. Here are some common defense strategies we might use:

• Lack of Knowledge: If you didn’t know you possessed an illegal weapon, this could be a valid defense. For example, if someone left a weapon in your car without your knowledge.
• Constitutional Violations: If police conducted an illegal search or violated your Miranda rights, we can move to suppress evidence or dismiss charges.
• Lack of Possession: The prosecution must prove you actually possessed or controlled the weapon. If the weapon belonged to someone else or was found in a common area, we can challenge possession claims.
• Self-Defense: If you used a weapon to defend yourself or others from imminent harm, this could justify your actions under Colorado’s “Make My Day” law and other self-defense statutes.
• Mistaken Identity: In cases involving multiple people, we can challenge whether you were actually the person who possessed or used the weapon.

The Real-World Impact of Weapons Convictions

• Loss of gun rights: Felony convictions permanently prohibit firearm ownership
• Employment barriers: Many employers, especially those requiring security clearances, won’t hire people with weapons convictions
• Professional licenses: Doctors, lawyers, teachers, and other professionals may lose their licenses
• Housing difficulties: Many landlords reject applicants with criminal records
• Immigration consequences: Non-citizens may face deportation for certain weapons convictions

What to Do If You’re Facing Weapons Charges

• Don’t Talk to Police Without an Attorney: Anything you say can be used against you. Exercise your right to remain silent and ask for an attorney immediately.
• Don’t Consent to Searches: You have the right to refuse consent to searches of your person, vehicle, or property. Make it clear that you do not consent, even if officers proceed anyway.
• Document Everything: Write down everything you remember about your arrest and the circumstances leading to it. This information can be crucial for your defense.
• Contact an Experienced Defense Attorney Immediately: Weapons charges are serious, and the prosecution will begin building their case immediately. Don’t wait to get experienced legal representation.

Why Experience with Weapons Cases Matters

Having defended hundreds of weapons cases throughout Colorado, I understand the nuances of these complex laws. My background as a Deputy District Attorney gives me unique insight into how prosecutors approach these cases, allowing me to build more effective defenses for my clients.

I’ve successfully defended clients facing everything from simple possession charges to complex federal weapons offenses. Each case requires a thorough investigation of the facts, careful analysis of the evidence, and strategic litigation when necessary.

The Beck Law Office Difference

• Understands both sides: My prosecutorial background gives me insight into the state’s strategy
• Won’t back down: I have extensive trial experience and aren’t afraid to take cases to court
• Treats you with respect: You’re not just a case number; you’re a person whose future is at stake
• Provides honest communication: I’ll tell you the truth about your case and your options

Protecting Your Rights and Your Future

Weapons charges don’t have to destroy your future. With experienced legal representation, many charges can be reduced, dismissed, or successfully defended at trial. The key is acting quickly to protect your rights and build the strongest possible defense.

If you’re facing weapons charges in Denver or anywhere in Colorado, don’t face the prosecution alone. Contact Beck Law Office today for a free, confidential consultation. We’re available 24/7 because legal emergencies don’t follow business hours.

Your freedom and your future are too important to leave to chance.