Skip to main content
US Criminal Defense.org
Menu

Colorado statute

C.R.S. § 18-12-108.5 — Possession of handguns by juveniles - prohibited - exceptions - penalty.

Current through 2025 Regular Session

Part of Part 1: FIREARMS AND WEAPONS - GENERAL, Colorado Revised Statutes.

Criminal charges under this statute

Full text of C.R.S. § 18-12-108.5

Statutory text current through the 2025 Regular Session. This is an officially sanctioned publication using the official text of the Colorado Revised Statutes; it is not the official statutes of the State of Colorado.

C.R.S. § 18-12-108.5Primary source, current through the 2025 Regular Session
(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.

Official sources

Legal terms used in this section

Questions this section answers

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))

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).

This reference is informational and is not legal advice.