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Colorado criminal charge

Possessing a dangerous or illegal weapon in Colorado

Current through 2026 Colorado legislative session

Possessing a dangerous or illegal weapon is a criminal offense under Colorado law, defined by C.R.S. § 18-12-102. Its classification is not fixed: Colorado assigns a different penalty class depending on the circumstances of the offense. The class that applies — and the sentencing range that follows from it — depends on which statutory variant fits the facts.

Defined by C.R.S. § 18-12-102.

What is the penalty for possessing a dangerous or illegal weapon in Colorado?

Penalties for Possessing a dangerous or illegal weapon
PenaltyRangeBasisAuthority
Jail / prison1 years to 3 years (Possessing a dangerous weapon — Applies when a person knowingly possesses a dangerous weapon (a firearm silencer, machine gun, rapid-fire device, short shotgun, or short rifle).)presumptiveC.R.S. § 18-1.3-401
Fine1000 usd to 100000 usd (Possessing a dangerous weapon — Applies when a person knowingly possesses a dangerous weapon (a firearm silencer, machine gun, rapid-fire device, short shotgun, or short rifle).)discretionaryC.R.S. § 18-1.3-401
Parole / supervision2 years to 2 years (Possessing a dangerous weapon — Applies when a person knowingly possesses a dangerous weapon (a firearm silencer, machine gun, rapid-fire device, short shotgun, or short rifle).; mandatory parole)mandatoryC.R.S. § 18-1.3-401
Jail / prisonup to 364 days (no statutory minimum) (Possessing an illegal weapon — Applies when a person knowingly possesses an illegal weapon (a blackjack, gas gun, ballistic knife, or metallic knuckles).)discretionaryC.R.S. § 18-1.3-501
Fineup to 1000 usd (no statutory minimum) (Possessing an illegal weapon — Applies when a person knowingly possesses an illegal weapon (a blackjack, gas gun, ballistic knife, or metallic knuckles).)discretionaryC.R.S. § 18-1.3-501

Applies to offenses on/after 2018-07-01.

How is possessing a dangerous or illegal weapon classified in Colorado?

The classification depends on the circumstances:

Classification variants for Possessing a dangerous or illegal weapon
VariantClassificationWhen it appliesStatute
Possessing a dangerous weaponclass 5 felonyApplies when a person knowingly possesses a dangerous weapon (a firearm silencer, machine gun, rapid-fire device, short shotgun, or short rifle).18-12-102(3)
Possessing an illegal weaponclass 1 misdemeanorApplies when a person knowingly possesses an illegal weapon (a blackjack, gas gun, ballistic knife, or metallic knuckles).18-12-102(4)

Common questions about possessing a dangerous or illegal weapon in Colorado

Is possessing a dangerous or illegal weapon a felony or a misdemeanor in Colorado?

It depends on the circumstances: possessing a dangerous or illegal weapon ranges from a class 1 misdemeanor to a class 5 felony in Colorado under C.R.S. § 18-12-102.

Possessing a dangerous weapon: class 5 felony (C.R.S. § 18-12-102(3)) · Possessing an illegal weapon: class 1 misdemeanor (C.R.S. § 18-12-102(4))

What are the penalties for possessing a dangerous or illegal weapon in Colorado?

Penalties for possessing a dangerous or illegal weapon in Colorado depend on how it is classified — from a class 1 misdemeanor up to a class 5 felony — with the ranges set by C.R.S. § 18-1.3-401 and C.R.S. § 18-1.3-501; the full table of ranges by variant is published on this page.

Which Colorado statute covers possessing a dangerous or illegal weapon?

Possessing a dangerous or illegal weapon is governed by C.R.S. § 18-12-102 (Possessing a dangerous or illegal weapon - affirmative defense - definition).

Legal terms used in this law

This reference is informational and is not legal advice. Penalty ranges are the statutory classification ranges; sentencing in a specific case depends on its facts and history.