If you have been charged with unlawfully carrying a concealed weapon a skilled Denver unlawfully carrying a concealed weapon defense attorney is essential. Get in touch with experienced Boulder unlawfully carrying a concealed weapon defense attorney Jason Savela by calling (720) 821-1001.
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Colorado Revised Statutes § 18-12-105 - Unlawfully Carrying a Concealed Weapon – Unlawful Possession of Weapons
(1) A person commits a class 2 misdemeanor if such person knowingly and unlawfully:
(a) Carries a knife concealed on or about his or her person; or
(b) Carries a firearm concealed on or about his or her person; or
(c) Without legal authority, carries, brings, or has in such person's possession a firearm or any explosive, incendiary, or other dangerous devices on the property of or within any building in which the chambers, galleries, or offices of the general assembly, or either house thereof, are located, or in which a legislative hearing or meeting is being or is to be conducted, or in which the official office of any member, officer, or employee of the general assembly is located.
(d) (Deleted by amendment, L. 93, p. 964, § 1, effective July 1, 1993.)
(2) It shall not be an offense if the defendant was:
(a) A person in his or her own dwelling or place of business or on property owned or under his or her control at the time of the act of carrying; or
(b) A person in a private automobile or other private means of conveyance who carries a weapon for lawful protection of such person's or another's person or property while traveling; or
(c) A person who, at the time of carrying a concealed weapon, held a valid written permit to carry a concealed weapon issued pursuant to section 18-12-105.1, as it existed prior to its repeal, or, if the weapon involved was a handgun, held a valid permit to carry a concealed handgun or a temporary emergency permit issued pursuant to part 2 of this article; except that it shall be an offense under this section if the person was carrying a concealed handgun in violation of the provisions of section 18-12-214; or
(d) A peace officer, as described in section 16-2.5-101, C.R.S., when carrying a weapon in conformance with the policy of the employing agency as provided in section 16-2.5-101 (2), C.R.S.; or
(e) (Deleted by amendment, L. 2003, p. 1624, § 46, effective August 6, 2003.)
(f) A United States probation officer or a United States pretrial services officer while on duty and serving in the state of Colorado under the authority of rules and regulations promulgated by the judicial conference of the United States.
A class 2 misdemeanor can be sentenced to up to 12 months in jail. It is probation eligible.
The definition of the knife is vague but includes a blade of 3 ½ inches or with a blade capable of cutting. While many carry a pocket knife with a blade under 3 ½ inches, it is possible to be charged with this offense. There is a case defining knife that helps.
If you would like to schedule an initial consultation, contact a Colorado criminal defense attorney, we represent clients in Boulder, Colorado, and the surrounding area. The Savela Law Firm, P.C. Give us a call at (720) 821-1001 or complete our inquiry form.
Note the defense in § 2 allowing protecting yourself in your car, means of conveyance, or property. No matter the reason, it is best not to speak to the police about your defense without a lawyer.
Constitutional rights can be used for the defense of this charge, but it may be a long and expensive fight. In a case that I won at trial, the prosecution objected to my request for a jury instruction based on the Colorado Constitution’s gun rights provisions. The Judge ruled that I was not allowed to mention it in closing. While I believe we would have prevailed on appeal, we will never know because the client was found not guilty.
If you have been charged with carrying a concealed weapon an experienced Denver criminal defense lawyer is essential. Get in touch with experienced Denver criminal defense attorney Jason Savela by calling (720) 821-1001.