Colorado criminal charge
Possession of handguns by juveniles in Colorado
Possession of handguns by juveniles is a criminal offense under Colorado law, defined by C.R.S. § 18-12-108.5. 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. § 18-12-108.5.
What is the penalty for possession of handguns by juveniles in Colorado?
| Penalty | Range | Basis | Authority |
|---|---|---|---|
| Jail / prison | up to 120 days (no statutory minimum) (Illegal possession of a handgun by a juvenile — first offense — Applies to a first offense of illegal possession of a handgun by a juvenile.) | discretionary | C.R.S. § 18-1.3-501 |
| Fine | up to 750 usd (no statutory minimum) (Illegal possession of a handgun by a juvenile — first offense — Applies to a first offense of illegal possession of a handgun by a juvenile.) | discretionary | C.R.S. § 18-1.3-501 |
| Jail / prison | 1 years to 3 years (Illegal possession of a handgun by a juvenile — second or subsequent offense — Applies when the offense is a second or subsequent offense of illegal possession of a handgun by a juvenile.) | presumptive | C.R.S. § 18-1.3-401 |
| Fine | 1000 usd to 100000 usd (Illegal possession of a handgun by a juvenile — second or subsequent offense — Applies when the offense is a second or subsequent offense of illegal possession of a handgun by a juvenile.) | discretionary | C.R.S. § 18-1.3-401 |
| Parole / supervision | 2 years to 2 years (Illegal possession of a handgun by a juvenile — second or subsequent offense — Applies when the offense is a second or subsequent offense of illegal possession of a handgun by a juvenile.; mandatory parole) | mandatory | C.R.S. § 18-1.3-401 |
Applies to offenses on/after 2022-03-01 (SB21-271).
How is possession of handguns by juveniles classified in Colorado?
The classification depends on the circumstances:
| Variant | Classification | When it applies | Statute |
|---|---|---|---|
| Illegal possession of a handgun by a juvenile — first offense | class 2 misdemeanor | Applies to a first offense of illegal possession of a handgun by a juvenile. | 18-12-108.5(1)(c)(I) |
| Illegal possession of a handgun by a juvenile — second or subsequent offense | class 5 felony | Applies when the offense is a second or subsequent offense of illegal possession of a handgun by a juvenile. | 18-12-108.5(1)(c)(II) |
Common questions about possession of handguns by juveniles in Colorado
Is possession of handguns by juveniles a felony or a misdemeanor in Colorado?
It depends on the circumstances: possession of handguns by juveniles ranges from a class 2 misdemeanor to a class 5 felony in Colorado under C.R.S. § 18-12-108.5.
Illegal possession of a handgun by a juvenile — first offense: class 2 misdemeanor (C.R.S. § 18-12-108.5(1)(c)(I)) · Illegal possession of a handgun by a juvenile — second or subsequent offense: class 5 felony (C.R.S. § 18-12-108.5(1)(c)(II))
What are the penalties for possession of handguns by juveniles in Colorado?
Penalties for possession of handguns by juveniles in Colorado depend on how it is classified — from a class 2 misdemeanor up to a class 5 felony — with the ranges set by C.R.S. § 18-1.3-501 and C.R.S. § 18-1.3-401; the full table of ranges by variant is published on this page.
Which Colorado statute covers possession of handguns by juveniles?
Possession of handguns by juveniles is governed by C.R.S. § 18-12-108.5 (Possession of handguns by juveniles - prohibited - exceptions - penalty).
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.