2023 Colorado Revised Statutes › Title 18 - CRIMINAL CODE (§§ 18-1-101 — 18-26-102) › Article 12 - OFFENSES RELATING TO FIREARMS AND WEAPONS (§§ 18-12-101 — 18-12-508) › Part 1 - FIREARMS AND WEAPONS - GENERAL (§§ 18-12-101 — 18-12-115) › Section 18-12-108 - Possession of weapons by previous offenders

(1)
A person commits the crime of possession of a weapon by a previous offender if the person knowingly possesses, uses, or carries upon his or her person a firearm as defined in section
18-1-901(3)(h)
or any other weapon that is subject to the provisions of this article 12 subsequent to the person's conviction for a felony crime as defined in section
24-4.1-302(1)
or listed in subsection (7) of this section, or subsequent to the person's conviction for attempt or conspiracy to commit a crime as defined in section
24-4.1-302(1)
that is a felony, pursuant to Colorado or any other state's law or pursuant to federal law.
(2)
A person commits a class 5 felony if the person violates subsection (1) or (3) of this section. A person who violates subsection (1) or (3) of this section and used or threatened the use of the firearm in the commission of another crime is not eligible for probation or any other alternative sentence and shall be sentenced to the department of corrections.
(3)
(a)
A person commits the crime of possession of a weapon by a previous offender if the person knowingly possesses, uses, or carries upon his or her person a firearm as defined in section
18-1-901(3)(h)
or any other weapon that is subject to the provisions of this article 12 subsequent to the person's adjudication for an act which, if committed by an adult, would constitute a felony crime as defined in section
24-4.1-302(1)
or listed in subsection (7) of this section, or subsequent to the person's adjudication for attempt or conspiracy to commit a crime as defined in section
24-4.1-302(1)
that is a felony, pursuant to Colorado or any other state's law or pursuant to federal law in the previous ten years from the completion of the person's sentence for the adjudication of a felony crime as defined in section
24-4.1-302(1)
.
(b)
If a person completes a sentence for the adjudication of a felony crime as defined in section
24-4.1-302(1)
or listed in subsection (7) of this section, or subsequent to the person's adjudication for attempt or conspiracy to commit a crime as defined in section
24-4.1-302(1)
or listed in subsection (7) of this section that is a felony pursuant to Colorado or any other state's law or under federal law, and the person has good cause for possessing, using, or carrying a firearm as defined in section
18-1-901(3)(h)
or any other weapon that is subject to this article 12, the person may petition the court for an order determining that subsection (3)(a) of this section does not apply to the person if the person otherwise legally possesses, uses, or carries upon his or her person a firearm as defined in section
18-1-901(3)(h)
or any other weapon that is subject to this article 12. A court shall enter an order determining that subsection (3)(a) of this section does not apply to the person if the court finds, upon request of the person and by a preponderance of the evidence, there is good cause for the person to possess, use, or carry a firearm as defined in section
18-1-901(3)(h)
or any other weapon that is subject to this article 12.
(4) and (5)
(Deleted by amendment, L. 2021.)
(6)
(a)
Upon the discharge of any inmate from the custody of the department of corrections, the department shall provide a written advisement to such inmate of the prohibited acts and penalties specified in this section. The written advisement, at a minimum, shall include the written statement specified in subsection (6)(c) of this section.
(b)
Any written stipulation for deferred judgment and sentence entered into by a defendant pursuant to section
18-1.3-102
shall contain a written advisement of the prohibited acts and penalties specified in this section. The written advisement, at a minimum, shall include the written statement specified in subsection (6)(c) of this section.
(c)
The written statement shall provide that:
(I)
(A)
A person commits the crime of possession of a weapon by a previous offender in violation of this section if the person knowingly possesses, uses, or carries upon his or her person a firearm as described in section
18-1-901(3)(h)
, or any other weapon that is subject to the provisions of this title subsequent to the person's conviction for a felony, or subsequent to the person's conviction for attempt or conspiracy to commit a felony, or subsequent to the person's conviction for a misdemeanor crime of domestic violence as defined in
18 U.S.C. sec. 921(a)(33)(A)
, or subsequent to the person's conviction for attempt or conspiracy to commit such misdemeanor crime of domestic violence; and
(B)
As used in this subsection (6)(c), "felony" means any felony under Colorado law, federal law, or the laws of any other state; and
(II)
A violation of this section may result in a sentence of imprisonment or fine, or both.
(d)
The act of providing the written advisement described in this subsection (6) or the failure to provide such advisement may not be used as a defense to any crime charged and may not provide any basis for collateral attack on, or for appellate relief concerning, any conviction.
(7)
In addition to a conviction for felony crime as defined in section
24-4.1-302(1)
, a felony conviction or adjudication for one of the following felonies prohibits a person from possessing, using, or carrying upon the person a firearm as defined in section
18-1-901(3)(h)
or any other weapon that is subject to this article 12 pursuant to subsection (1) or (3) of this section:
(a)
An offense subject to sentencing pursuant to section
18-1.3-1004
;
(b)
First degree murder of a peace officer, firefighter, or emergency medical service provider in violation of section
18-3-107
;
(c)
Criminal extortion in violation of section
18-3-207
;
(d)
False imprisonment in violation of section
18-3-303
;
(e)
Enticement of a child in violation of section
18-3-305
;
(f)
Internet luring of a child in violation of section
18-3-306
;
(g)
Internet sexual exploitation of a child in violation of section
18-3-405.4
;
(h)
Unlawful sexual conduct by a peace officer in violation of section
18-3-405.7
;
(i)
Unlawful termination of a pregnancy in the first degree in violation of section
18-3.5-103
;
(j)
Unlawful termination of a pregnancy in the second degree in violation of section
18-3.5-104
;
(k)
First degree arson in violation of section
18-4-102
;
(l)
Second degree arson in violation of section
18-4-103
;
(m)
Third degree arson in violation of section
18-4-104
;
(n)
Fourth degree arson in violation of section
18-4-105
;
(o)
Habitual child abuse in violation of section
18-6-401.2
;
(p)
Contributing to the delinquency of a minor in violation of section
18-6-701
;
(q)
Pandering in violation of section
18-7-203
;
(r)
Pimping in violation of section
18-7-206
;
(s)
Pandering of a child in violation of section
18-7-403
;
(t)
Procurement of a child in violation of section
18-7-403.5
;
(u)
Keeping a place of child prostitution in violation of section
18-7-404
;
(v)
Impersonating a peace officer in violation of section
18-8-112
;
(w)
Disarming a peace officer in violation of section
18-8-116
;
(x)
Aiding escape from an institution for the care and treatment of persons with behavioral or mental health disorders in violation of section
18-8-201.1
;
(y)
Assault during escape in violation of section
18-8-206
;
(z)
Holding hostages in violation of section
18-8-207
;
(aa)
Escape in violation of section
18-8-208
;
(bb)
Attempt to escape in violation of section
18-8-208.1
;
(cc)
Participation in a riot in detention facilities in violation of section
18-8-211
;
(dd)
Intimidating a juror in violation of section
18-8-608
;
(ee)
Inciting a riot in violation of section
18-9-102
;
(ff)
Arming a rioter in violation of section
18-9-103
;
(gg)
Engaging in a riot in violation of section
18-9-104
;
(hh)
Vehicular eluding in violation of section
18-9-116.5
;
(ii)
Firearms, explosives, or incendiary devices in facilities of public transportation in violation of section
18-9-118
;
(jj)
Failure or refusal to leave premises or property upon request of a peace officer in violation of section
18-9-119
;
(kk)
Terrorist training activities in violation of section
18-9-120
;
(ll)
Aggravated cruelty to animals in violation of section
18-9-202
;
(mm)
Treason in violation of section
18-11-101
;
(nn)
Insurrection in violation of section
18-11-102
;
(oo)
Advocating the overthrow of the government in violation of section
18-11-201
;
(pp)
Inciting destruction of life or property in violation of section
18-11-202
;
(qq)
Membership in anarchist and seditious associations in violation of section
18-11-203
;
(rr)
Possessing a dangerous or illegal weapon in violation of section
18-12-102
;
(ss)
Unlawfully carrying a weapon in violation of section
18-12-105.5
;
(tt)
Use of a stun gun in violation of section
18-12-106.5
;
(uu)
Illegal discharge of a firearm in violation of section
18-12-107.5
;
(vv)
Possession of a weapon by a previous offender in violation of section 18-12-108 if committed on or after March 1, 2022;
(ww)
Possession of a handgun by a juvenile in violation of section
18-12-108.5
;
(xx)
Unlawfully providing or permitting a juvenile to possess a handgun in violation of section
18-12-108.7
;
(yy)
Possession, use, or removal of explosives or incendiary devices in violation of section
18-12-109
;
(zz)
Unlawful purchase of a firearm in violation of section
18-12-111
;
(aaa)
Possessing a large-capacity magazine during the commission of a crime of violence in violation of section
18-12-302(1)(c)
;
(bbb)
Dueling in violation of section
18-13-104
if committed on or before October 1, 2023;
(ccc)
Intentionally setting a wildfire in violation of section
18-13-109.5
;
(ddd)
Unlawful administration of ketamine in violation of section
18-13-123
;
(eee)
[Repealed by 2023 amendment.]
(fff)
Organized crime in violation of section
18-17-104
;
(ggg)
A special offender in violation of section
18-18-407(1)(d)(II)
;
(hhh)
A criminal attempt, complicity, or conspiracy to commit any of the offenses listed in this subsection (7); and
(iii)
Unlawful conduct involving an unserialized firearm, frame, or receiver, as described in section 18-12-111.5.
Amended by 2023 Ch. 298,§ 47, eff. 10/1/2023.
Amended by 2023 Ch. 311,§ 5, eff. 6/2/2023.
Amended by 2022 Ch. 69, § 11, eff. 4/7/2022.
Amended by 2021 Ch. 462, § 346, eff. 3/1/2022.
L. 71: R&RE, p. 483, § 1.C.R.S. 1963:§ 40-12-108. L. 73:P. 542, § 1. L. 75:Entire section amended, p. 621, § 17, effective July 21. L. 93, 1st Ex. Sess.:Entire section added, p. 4, § 3, effective September 13. L. 94:Entire section R&RE, p. 1464, § 6, effective July 1. L. 2000:(2)(a) and (4)(a) amended and (2)(d), (4)(d), and (6) added, pp. 632, 633, §§ 1, 2, 3, effective July 1. L. 2002:(6)(b) amended, p. 1517, § 208, effective October 1. L. 2003:(4)(b) amended, p. 1432, § 19, effective April 29. L. 2021:Entire section amended,(SB 21-271), ch. 462, p. 3210, § 346, effective 3/1/2022. L. 2022:(1) and (3) amended and (7) added,(HB 22-1257), ch. 69, p. 358, § 11, effective April 7. L. 2023:(7)(ggg) and (7)(hhh) amended and (7)(iii) added,(SB 23-279), ch. 311, p. 1897, § 5, effective June 2; IP(7) and (7)(bbb) amended and (7)(eee) repealed,(HB 23-1293), ch. 298, p. 1792, § 47, effective October 1.
(1) Section 77 of chapter 298 (HB 23-1293), Session Laws of Colorado 2023, provides that the act changing this section applies to offenses committed on or after October 1, 2023.
(2) Section 7 of chapter 311 (SB 23-279), Session Laws of Colorado 2023, provides that the act changing this section applies to offenses committed on or after June 2, 2023.
For the legislative declaration contained in the 2002 act amending subsection (6)(b), see section 1 of chapter 318, Session Laws of Colorado 2002.