(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.
(3.5) (a) If at least ten years have passed since the date of the final disposition of all criminal proceedings against the person for the conviction of motor vehicle theft in the first degree in violation of section 18-4-409 (2) or the conviction of attempt or conspiracy to commit motor vehicle theft in the first degree, or since the release of the person from supervision for the conviction of motor vehicle theft in the first degree in violation of section 18-4-409 (2) or the release of the person from supervision for the conviction of attempt or conspiracy to commit a motor vehicle theft in the first degree, whichever is later, then the person may petition the court for an order determining that subsection (1) of this section does not apply to the person if the person legally possesses, uses, or carries upon their person a firearm as defined in section 18-1-901 (3)(h) or any other weapon that is subject to this article 12.
(b) A court shall enter an order determining that subsection (1) of this section does not apply to a person described in subsection (3.5)(a) of this section upon the proper request of the person pursuant to subsection (3.5)(a) of this section.
(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;
(n.5) Motor vehicle theft in the first degree in violation of section 18-4-409;
(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.
(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);
(iii) Unlawful conduct involving an unserialized firearm, frame, or receiver, as described in section 18-12-111.5; and
(jjj) Unlawful manufacture, distribution, transfer, sale, or purchase of a specified semiautomatic firearm, as described in section 18-12-116.
Source: 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 March 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. L. 2025: (7)(hhh) and (7)(iii) amended and (7)(jjj) added, (SB 25-003), ch. 68, p. 299, � 4, effective April 10; (3.5) and (7)(n.5) added, (HB 25-1171), ch. 208, p. 938, � 1, effective May 19.
Editor's note: Section 2 of chapter 208 (HB 25-1171), Session Laws of Colorado 2025, provides that the act changing this section applies to offenses committed on or after May 19.
Cross references: For the legislative declaration contained in the 2002 act amending subsection (6)(b), see section 1 of chapter 318, Session Laws of Colorado 2002.
18-12-108.5. Possession of handguns by juveniles - prohibited - exceptions - penalty. (1) (a) Except as provided in this section, it is unlawful for any person who has not attained the age of eighteen years knowingly to have any handgun in such person's possession.
(b) Any person possessing any handgun in violation of paragraph (a) of this subsection (1) commits the offense of illegal possession of a handgun by a juvenile.
(c) (I) Illegal possession of a handgun by a juvenile is a class 2 misdemeanor.
(II) For any second or subsequent offense, illegal possession of a handgun by a juvenile is a class 5 felony.
(d) A person under the age of eighteen years who is taken into custody by a law enforcement officer for an offense pursuant to this section must be taken into temporary custody in the manner described in section 19-2.5-305.
(2) This section shall not apply to:
(a) Any person under the age of eighteen years who is:
(I) In attendance at a hunter's safety course or a firearms safety course; or
(II) Engaging in practice in the use of a firearm or target shooting at an established range authorized by the governing body of the jurisdiction in which such range is located or any other area where the discharge of a firearm is not prohibited; or
(III) Engaging in an organized competition involving the use of a firearm or participating in or practicing for a performance by an organized group under 501 (c)(3) as determined by the federal internal revenue service which uses firearms as a part of such performance; or
(IV) Hunting or trapping pursuant to a valid license issued to such person pursuant to article 4 of title 33, C.R.S.; or
(V) Traveling with any handgun in such person's possession being unloaded to or from any activity described in subparagraph (I), (II), (III), or (IV) of this paragraph (a);
(b) Any person under the age of eighteen years who is on real property under the control of such person's parent, legal guardian, or grandparent and who has the permission of such person's parent or legal guardian to possess a handgun;
(c) Any person under the age of eighteen years who is at such person's residence and who, with the permission of such person's parent or legal guardian, possesses a handgun for the purpose of exercising the rights contained in section 18-1-704 or section 18-1-704.5.
(3) For the purposes of subsection (2) of this section, a handgun is loaded if:
(a) There is a cartridge in the chamber of the handgun; or
(b) There is a cartridge in the cylinder of the handgun, if the handgun is a revolver; or
(c) The handgun, and the ammunition for such handgun, is carried on the person of a person under the age of eighteen years or is in such close proximity to such person that such person could readily gain access to the handgun and the ammunition and load the handgun.
(4) Repealed.
Source: L. 93, 1st Ex. Sess.: Entire section added, p. 2, � 2, effective September 13. L. 96: (1)(d) amended, p. 1693, � 28, effective January 1, 1997. L. 98: (4) repealed, p. 729, � 15, effective May 18. L. 2021: (1)(d) amended, (SB 21-059), ch. 136, p. 725, � 56, effective October 1.
18-12-108.7. Unlawfully providing or permitting a juvenile to possess a handgun - penalty - unlawfully providing a firearm other than a handgun to a juvenile - penalty. (1) (a) Any person who intentionally, knowingly, or recklessly provides a handgun with or without remuneration to any person under the age of eighteen years in violation of section 18-12-108.5 or any person who knows of such juvenile's conduct which violates section 18-12-108.5 and fails to make reasonable efforts to prevent such violation commits the crime of unlawfully providing a handgun to a juvenile or permitting a juvenile to possess a handgun.
(b) Unlawfully providing a handgun to a juvenile or permitting a juvenile to possess a handgun in violation of this subsection (1) is a class 4 felony.
(2) (a) Any person who intentionally, knowingly, or recklessly provides a handgun to a juvenile or permits a juvenile to possess a handgun, even though such person is aware of a substantial risk that such juvenile will use a handgun to commit a felony offense, or who, being aware of such substantial risk, fails to make reasonable efforts to prevent the commission of the offense, commits the crime of unlawfully providing or permitting a juvenile to possess a handgun. A person shall be deemed to have violated this paragraph (a) if such person provides a handgun to or permits the possession of a handgun by any juvenile who has been convicted of a crime of violence, as defined in section 18-1.3-406, or any juvenile who has been adjudicated a juvenile delinquent for an offense which would constitute a crime of violence, as defined in section 18-1.3-406, if such juvenile were an adult.
(b) Unlawfully providing a handgun to a juvenile or permitting a juvenile to possess a handgun in violation of this subsection (2) is a class 4 felony.
(3) With regard to firearms other than handguns, no person shall sell, rent, or transfer ownership or allow unsupervised possession of a firearm with or without remuneration to any juvenile without the consent of the juvenile's parent or legal guardian. Unlawfully providing a firearm other than a handgun to a juvenile in violation of this subsection (3) is a class 1 misdemeanor.
(4) It shall not be an offense under this section if a person believes that a juvenile will physically harm the person if the person attempts to disarm the juvenile or prevent the juvenile from committing a violation of section 18-12-108.5.
Source: L. 93, 1st Ex. Sess.: Entire section added, p. 3, � 2, effective September 13. L. 2000: Entire section amended, p. 642, � 1, effective July 1; (4) added, p. 641, � 1, effective July 1. L. 2002: (2)(a) amended, p. 1518, � 209, effective October 1.
Editor's note: Amendments to this section by House Bill 00-1247 and House Bill 00-1243 were harmonized by renumbering (3) from House Bill 00-1247 as (4).
Cross references: For the legislative declaration contained in the 2002 act amending subsection (2)(a), see section 1 of chapter 318, Session Laws of Colorado 2002.
18-12-109. Possession, use, or removal of explosives or incendiary devices - possession of components thereof - chemical, biological, and nuclear weapons - persons exempt - hoaxes. (1) As used in this section:
(a) (I) Explosive or incendiary device means:
(A) Dynamite and all other forms of high explosives, including, but not limited to, water gel, slurry, military C-4 (plastic explosives), blasting agents to include nitro-carbon-nitrate, and ammonium nitrate and fuel oil mixtures, cast primers and boosters, R.D.X., P.E.T.N., electric and nonelectric blasting caps, exploding cords commonly called detonating cord or det-cord or primacord, picric acid explosives, T.N.T. and T.N.T. mixtures, and nitroglycerin and nitroglycerin mixtures;
(B) Any explosive bomb, grenade, missile, or similar device; and
(C) Any incendiary bomb or grenade, fire bomb, or similar device, including any device, except kerosene lamps, which consists of or includes a breakable container including a flammable liquid or compound and a wick composed of any material which, when ignited, is capable of igniting such flammable liquid or compound and can be carried or thrown by one individual acting alone.
(II) Explosive or incendiary device shall not include rifle, pistol, or shotgun ammunition, or the components for handloading rifle, pistol, or shotgun ammunition.
(b) (I) Explosive or incendiary parts means any substances or materials or combinations thereof which have been prepared or altered for use in the creation of an explosive or incendiary device. Such substances or materials may include, but shall not be limited to, any:
(A) Timing device, clock, or watch which has been altered in such a manner as to be used as the arming device in an explosive;
(B) Pipe, end caps, or metal tubing which has been prepared for a pipe bomb;
(C) Mechanical timers, mechanical triggers, chemical time delays, electronic time delays, or commercially made or improvised items which, when used singly or in combination, may be used in the construction of a timing delay mechanism, booby trap, or activating mechanism for any explosive or incendiary device.
(II) Explosive or incendiary parts shall not include rifle, pistol, or shotgun ammunition, or the components for handloading rifle, pistol, or shotgun ammunition, or any signaling device customarily used in operation of railroad equipment.
(2) (a) Any person who knowingly possesses or controls an explosive or incendiary device commits a class 5 felony.
(b) Any person who knowingly manufacturers, gives, mails, sends, or causes to be sent an explosive or incendiary device commits a class 4 felony.
(2.5) (a) Any person who knowingly possesses or controls a chemical, biological, or radiological weapon commits a class 4 felony.
(b) Any person who knowingly manufacturers, gives, mails, sends, or causes to be sent a chemical, biological, or nuclear weapon commits a class 3 felony.
(3) Subsection (2) of this section shall not apply to the following persons:
(a) A peace officer while acting in his official capacity transporting or otherwise handling explosives or incendiary devices;
(b) A member of the armed forces of the United States or Colorado National Guard while acting in his official capacity;
(c) An authorized employee of the office of active and inactive mines in the division of reclamation, mining, and safety while acting within the scope of his or her employment;
(d) A person possessing a valid permit issued under the provisions of article 7 of title 9, C.R.S., or an employee of such permittee acting within the scope of his employment;
(e) A person who is exempt from the necessity of possessing a permit under the provisions of section 9-7-106 (5), C.R.S., or an employee of such exempt person acting within the scope of his employment;
(f) A person or entity authorized to use chemical, biological, or radiological materials in their lawful business operations while using the chemical, biological, or radiological materials in the course of legitimate business activities. Authorized users shall include clinical, environmental, veterinary, agricultural, public health, or radiological laboratories and entities otherwise licensed to possess radiological materials.
(4) Any person who knowingly uses or causes to be used or gives, mails, sends, or causes to be sent an explosive or incendiary device or a chemical, biological, or radiological weapon or materials in the commission of or in an attempt to commit a felony commits a class 2 felony.
(5) Any person who removes or causes to be removed or carries away any explosive or incendiary device from the premises where the explosive or incendiary device is kept by the lawful user, vendor, transporter, or manufacturer thereof, without the consent or direction of the lawful possessor, commits a class 4 felony.
(5.5) Any person who removes or causes to be removed or carries away any chemical, biological, or radiological weapon from the premises where the chemical, biological, or radiological weapon is kept by the lawful user, vendor, transporter, or manufacturer thereof, without the consent or direction of the lawful possessor, commits a class 3 felony.
(6) Any person who possesses any explosive or incendiary parts commits a class 5 felony.
(6.5) Any person who possesses any chemical weapon, biological weapon, or nuclear weapon parts commits a class 4 felony.
(7) Any person who manufactures or possesses or who gives, mails, sends, or causes to be sent any false, facsimile, or hoax explosive or incendiary device or chemical, biological, or radiological weapon to another person or places any such purported explosive or incendiary device or chemical, biological, or radiological weapon in or upon any real or personal property commits a class 5 felony.
(8) Any person possessing a valid permit issued under the provisions of article 7 of title 9, C.R.S., or an employee of such permittee acting within the scope of his employment, who knowingly dispenses, distributes, or sells explosive or incendiary devices to a person who is not authorized to possess or control such explosive or incendiary device commits a class 4 felony.
Source: L. 74: Entire section added, p. 256, � 1, effective March 21. L. 77: (4) amended, p. 971, � 64, effective July 1; entire section R&RE, p. 992, � 1, effective July 1. L. 81: (1)(a)(I)(A) and (7) amended, p. 977, � 21, effective July 1. L. 84: (8) added, p. 539, � 18, effective July 1. L. 92: (3)(c) amended, p. 1970, � 72, effective July 1. L. 2001: (2) amended, p. 857, � 1, effective July 1. L. 2002: (2.5), (3)(f), (5.5), and (6.5) added and (4) and (7) amended, pp. 1195, 1196, �� 1, 2, effective June 3. L. 2003: (5) and (5.5) amended, p. 1428, � 11, effective April 29; (5.5) amended, p. 1433, � 26, effective July 1. L. 2006: (3)(c) amended, p. 213, � 3, effective August 7. L. 2023: (2), (2.5), (5), (5.5), (6), and (6.5) amended, (HB 23-1293), ch. 298, p. 1792, � 48, effective October 1.
Editor's note: Amendments to subsection (5.5) by sections 11 and 26 of HB 03-1236 were harmonized.