If you have been charged with unlawfully carrying a weapon a skilled Denver unlawfully carrying a weapon defense attorney is essential. Get in touch with experienced Denver unlawfully carrying a weapon defense attorney Jason Savela by filling out our online contact form or by calling (720) 821-1001.
Colorado Revised Statutes § 18-12-105.5 – Unlawfully Carrying a Weapon – Unlawful Possession of Weapons – School, College, or University Grounds
(1) A person commits a class 6 felony if such person knowingly and unlawfully and without legal authority carries, brings, or has in such person's possession a deadly weapon as defined in section 18-1-901 (3)(e) in or on the real estate and all improvements erected thereon of any public or private elementary, middle, junior high, high, or vocational school or any public or private college, university, or seminary, except for the purpose of presenting an authorized public demonstration or exhibition pursuant to instruction in conjunction with an organized school or class, for the purpose of carrying out the necessary duties and functions of an employee of an educational institution that requires the use of a deadly weapon, or for the purpose of participation in an authorized extracurricular activity or on an athletic team.
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(2) (Deleted by amendment, L. 2000, p. 709, § 45, effective July 1, 2000.)
(3) It shall not be an offense under this section if:
(a) The weapon is unloaded and remains inside a motor vehicle while upon the real estate of any public or private college, university, or seminary; or
(b) The person is in that person's own dwelling or place of business or on property owned or under that person's control at the time of the act of carrying; or
(c) The person is in a private automobile or other private means of conveyance and is carrying a weapon for lawful protection of that person's or another's person or property while traveling; or
(d) The person, 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 said section existed prior to its repeal; 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 (3); or
(d.5) The weapon involved was a handgun and the person holding 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 (3); or
(e) The person is a school resource officer, as defined in section 22-32-109.1 (1)(g.5), C.R.S., or 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
(f) and (g) (Deleted by amendment, L. 2003, p. 1626, § 51, effective August 6, 2003.)
(h) The person has possession of the weapon for use in an educational program approved by a school which program includes, but shall not be limited to, any course designed for the repair or maintenance of weapons.
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.
A class 6 felony has a presumptive prison range of 12 – 18 months, which can be aggravated to 36 months, with a 1 year period of parole. This charge is probation eligible. A felony conviction eliminates a person’s right to own, possess or even hold a firearm ever again. Constitutional defenses may be available but they can be lengthy and expensive. 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.
Colorado Revised Statute § 18-12-214 Authority Granted by Permit – Carrying Restrictions
(1) (a) A permit to carry a concealed handgun authorizes the permittee to carry a concealed handgun in all areas of the state, except as specifically limited in this section. A permit does not authorize the permittee to use a handgun in a manner that would violate a provision of state law. A local government does not have the authority to adopt or enforce an ordinance or resolution that would conflict with any provision of this part 2.
(b) A peace officer may temporarily disarm a permittee, incident to a lawful stop of the permittee. The peace officer shall return the handgun to the permittee prior to discharging the permittee from the scene.
(2) A permit issued pursuant to this part 2 does not authorize a person to carry a concealed handgun into a place where the carrying of firearms is prohibited by federal law.
(3) A permit issued pursuant to this part 2 does not authorize a person to carry a concealed handgun onto the real property or into any improvements erected thereon, of a public elementary, middle, junior high, or high school; except that:
(a) A permittee may have a handgun on the real property of the public school so long as the handgun remains in his or her vehicle and, if the permittee is not in the vehicle, the handgun is in a compartment within the vehicle and the vehicle is locked;
(b) A permittee who is employed or retained by contract by a school district or charter school as a school security officer may carry a concealed handgun onto the real property or into any improvement erected thereon, of a public elementary, middle, junior high, or high school while the permittee is on duty;
(c) A permittee may carry a concealed handgun on undeveloped real property owned by a school district that is used for hunting or other shooting sports.
(4) A permit issued pursuant to this part 2 does not authorize a person to carry a concealed handgun into a public building at which:
(a) Security personnel and electronic weapons screening devices are permanently in place at each entrance to the building;
(b) Security personnel electronically screen each person who enters the building to determine whether the person is carrying a weapon of any kind; and
(c) Security personnel require each person who is carrying a weapon of any kind to leave the weapon in the possession of security personnel while the person is in the building.
(5) Nothing in this part 2 shall be construed to limit, restrict, or prohibit in any manner the existing rights of a private property owner, private tenant, private employer, or private business entity.
(6) The provisions of this section apply to temporary emergency permits issued pursuant to section 18-12-209.
If you have been charged with unlawfully carrying a weapon an experienced Denver criminal defense lawyer is essential. Get in touch with experienced Denver firearm defense attorneys Jason Savela by filling out our online contact form or by calling (720) 821-1001.
