Colorado Springs Weapons Charge Lawyer
Aggressive Defense Against Weapons Charges
If you are facing weapons charges in Colorado Springs, the consequences are severe: possible felony conviction, prison time, loss of your firearm rights, and a criminal record that follows you for life. Firearms are involved in roughly a third of all violent crime reported in Colorado, and prosecutors in the 4th Judicial District pursue gun charges aggressively at every level. Whether you have been accused of unlawful possession, carrying a concealed weapon without a valid permit, or possessing a firearm after a felony conviction, you need a defense attorney who knows Colorado's rapidly changing gun laws and will fight to protect your freedom and your rights.
Colorado Springs Criminal Defense, LLC provides immediate, aggressive representation for every type of weapons offense. Call (719) 578-3344 today for a free consultation.
Why Hire Our Firm for a Weapons Charge
Weapons cases are won on the details: the legality of the stop, the scope of the search, the wording of the warrant, and the exact statute charged. Here is what our defense brings to your case.
Twenty years in Colorado criminal courtrooms. Attorney Aaron P. Gaddis was admitted to the Colorado bar in 2006 and began his career with the Colorado State Public Defender's Office, first covering the I-70 corridor out of Silverthorne and then spending more than four years in Salida handling cases in the Cañon City prison jurisdiction, where weapons and possession charges are a constant part of the docket. He has defended clients in thousands of court appearances since.
Local 4th Judicial District experience. Familiarity with the El Paso County court system, its judges, and the charging practices of the District Attorney's office shapes how we position your case from the first appearance forward.
Constitutional challenges at every stage. We examine the legality of every stop, search, and warrant. In United States v. Suggs, a felon-in-possession prosecution that began with a Colorado Springs road rage incident, the Tenth Circuit held that a warrant authorizing seizure of any item "identified as being involved in crime" violated the Fourth Amendment's particularity requirement. Warrant defects, unlawful stops, and improper searches remain among the most powerful defenses in weapons cases.
Current knowledge of a fast-moving area of law. Colorado's firearm statutes have changed repeatedly since 2022, including new purchase and training requirements taking effect in 2025 and 2026. Our defense strategies reflect the law as it stands today, not last year.
Resolutions that protect your future. Where dismissal is not achievable, we negotiate for reductions and alternative sentencing designed to keep you out of prison and, wherever possible, preserve your firearm rights.
Weapons Charges We Defend
Colorado law draws sharp lines between different weapons offenses, and the penalty depends heavily on the specific statute charged. These are the major categories of state weapons charges we handle, along with municipal ordinance cases in Colorado Springs Municipal Court and federal firearm prosecutions.
Prohibited Use of Weapons
Under C.R.S. § 18-12-106, knowingly aiming a firearm at another person, recklessly discharging a firearm, or possessing a firearm while under the influence of alcohol or a controlled substance is a class 1 misdemeanor. Holding a concealed carry permit is not a defense to the intoxicated possession charge.
Related conduct is often charged under more serious statutes. Knowingly or recklessly firing into a dwelling, building, occupied structure, or occupied vehicle is illegal discharge of a firearm under C.R.S. § 18-12-107.5, a class 5 felony. Threatening someone with a firearm can be charged as felony menacing, also a class 5 felony. We challenge the evidence, contest intent, and assert affirmative defenses, including self defense and defense of others, where the facts support them.
Dangerous and Illegal Weapon Possession
Under C.R.S. § 18-12-102, possessing a dangerous weapon such as a machine gun, firearm silencer, short-barreled rifle or shotgun, or ballistic knife is a class 5 felony. Since April 2025, when SB25-003 was signed, rapid-fire conversion devices such as bump stocks, binary triggers, and forced reset triggers are also classified as dangerous weapons, with no grandfathering for devices purchased earlier. Possessing an illegal weapon, such as a blackjack or metallic knuckles, is a class 1 misdemeanor.
We also defend charges involving defaced or altered serial numbers, unserialized firearms, and magazines over the fifteen-round limit that Colorado has enforced since 2013. Knowing possession is an element the prosecution must prove, and questions about whether a firearm meets the statutory definition at all can decide these cases.
Carrying a Concealed Weapon Without a Permit
Unlawfully carrying a concealed firearm or knife under C.R.S. § 18-12-105 is a class 1 misdemeanor, punishable by up to 364 days in county jail and a fine of up to $1,000. The statute contains important exceptions: carrying in your own dwelling, place of business, or on property under your control; carrying in a private vehicle for lawful protection while traveling; carrying with a valid permit; and carry by peace officers and members of the armed forces in the lawful discharge of their duties.
Carrying a firearm onto school, college, or university grounds is a separate class 1 misdemeanor under C.R.S. § 18-12-105.5, and carrying a non-firearm deadly weapon on school grounds is a class 6 felony. Knowingly buying a gun for someone who is prohibited from possessing one, a straw purchase under C.R.S. § 18-12-111, is a class 4 felony carrying two to six years in prison.
Possession of a Weapon by a Previous Offender (POWPO)
Possession of a weapon by a previous offender under C.R.S. § 18-12-108 is a class 5 felony, punishable by one to three years in prison, two years of mandatory parole, and a fine of up to $100,000. If the prosecution alleges the firearm was used or threatened in another crime, probation is off the table entirely.
POWPO cases have more defenses than most people realize. Since the statute was rewritten effective March 1, 2022, not every prior felony qualifies: the predicate must be a victims rights act crime or one of the felonies listed in the statute, and we scrutinize whether your prior conviction actually triggers the ban. Possession itself is often contested, because prosecutors frequently rely on constructive possession theories, such as a gun found in a car or shared home, rather than a weapon in your hands. And because these cases usually begin with a stop or a search, motions to suppress evidence obtained in violation of the Fourth Amendment are central to the defense, including aggressive cross-examination of the prosecution's evidence.
Penalties for Weapons Convictions in Colorado
The table below summarizes the most common state weapons charges and their penalty ranges. Sentencing can be enhanced by aggravating circumstances, prior convictions, or crime of violence findings, and a felony conviction also triggers state and federal firearm prohibitions.
| Offense | Statute | Classification | Range |
|---|---|---|---|
| Prohibited use of weapons | C.R.S. § 18-12-106 | Class 1 misdemeanor | Up to 364 days jail, up to $1,000 |
| Carrying a concealed weapon without a permit | C.R.S. § 18-12-105 | Class 1 misdemeanor | Up to 364 days jail, up to $1,000 |
| Firearm on school grounds | C.R.S. § 18-12-105.5 | Class 1 misdemeanor | Up to 364 days jail, up to $1,000 |
| Possession of an illegal weapon | C.R.S. § 18-12-102(4) | Class 1 misdemeanor | Up to 364 days jail, up to $1,000 |
| Non-firearm deadly weapon on school grounds | C.R.S. § 18-12-105.5 | Class 6 felony | 1 to 1.5 years, 1 year parole |
| Possession of a dangerous weapon | C.R.S. § 18-12-102(3) | Class 5 felony | 1 to 3 years, 2 years parole |
| Illegal discharge of a firearm | C.R.S. § 18-12-107.5 | Class 5 felony | 1 to 3 years, 2 years parole |
| Possession of a weapon by a previous offender | C.R.S. § 18-12-108 | Class 5 felony | 1 to 3 years, 2 years parole |
| Unlawful purchase of a firearm (straw purchase) | C.R.S. § 18-12-111 | Class 4 felony | 2 to 6 years, 3 years parole |
Beyond incarceration, a weapons conviction carries lasting consequences. Any felony conviction ends your right to possess firearms under both Colorado and federal law, and a conviction of any level can affect employment, professional licensing, security clearances, and immigration status.
Recent Changes to Colorado Gun Laws
Few areas of Colorado criminal law have moved faster in the last five years, and defending a weapons charge means knowing exactly which version of the law applies to your conduct.
March 1, 2022: Colorado's misdemeanor and felony reform took effect, reclassifying many weapons offenses. Carrying a concealed weapon and carrying a firearm on school grounds became class 1 misdemeanors, and POWPO became a class 5 felony with a narrowed list of qualifying prior convictions.
July 1, 2025: HB24-1174 raised the bar for concealed carry permits. New applicants must complete an eight-hour in-person class from a sheriff-verified instructor, including live-fire qualification and a written test, within one year before applying, and certain misdemeanor convictions within the previous five years now disqualify an applicant.
August 1, 2026: The purchase provisions of SB25-003 took effect. Buying or transferring a specified semiautomatic firearm, meaning a semiautomatic rifle or shotgun with a detachable magazine or a gas-operated semiautomatic handgun with a detachable magazine, now requires a sheriff-issued eligibility card and completion of a firearms safety course. This is a purchase and transfer regime, not a possession ban, and firearms owned before that date are unaffected. The bill's ban on rapid-fire conversion devices took effect earlier, when it was signed in April 2025.
What did not change: HB26-1021, a 2026 bill that would have repealed the magazine limit and other restrictions, was postponed indefinitely in committee in February 2026 and never became law. Colorado's fifteen-round magazine limit, waiting period, and other existing restrictions remain fully in effect, and federal law applies regardless of state changes.
How Our Defense Process Works
Facing a criminal charge is stressful. Our process is designed to give you clarity and control from the moment you contact us.
Step 1: Free Consultation and Case Analysis
We review your charges, the circumstances of the arrest, and the evidence against you. You receive an honest assessment of the penalties you are actually facing under the current statutes and a clear explanation of the defenses available. The consultation is free.
Step 2: Investigation and Motions
We investigate every stage of the case: the basis for the stop, the scope of any search, whether warrants met the Fourth Amendment's particularity requirement, and whether your statements were lawfully obtained. We file motions to suppress unlawfully obtained evidence and test the prosecution's case at pre-trial conferences.
Step 3: Resolution
We pursue dismissal, charge reductions, or alternative sentencing whenever the facts allow, and we prepare every case as if it will be tried. When the prosecution will not offer a fair resolution, we take your case to a jury. The goal is always the same: protect your record, your rights, and your future.
Serving El Paso, Teller, Pueblo, and Fremont Counties
We defend weapons charges throughout Southern Colorado, including Colorado Springs, Fountain, Security-Widefield, Cimarron Hills, Manitou Springs, Monument, Black Forest, Falcon, Peyton, Woodland Park, Cripple Creek, Pueblo, and Cañon City. That includes cases in the El Paso County Judicial Building and Colorado Springs Municipal Court, the Teller County Combined Court in Cripple Creek, the Pueblo County Combined Courts, and the Fremont County Combined Courts in Cañon City, where Attorney Gaddis practiced for years as a public defender.
Weapons charges carry particular risk for service members from Fort Carson, Peterson Space Force Base, and Schriever Space Force Base, because a conviction can end a military career even when the sentence itself is light. Colorado law recognizes duty-related carry by members of the armed forces as an exception to the concealed carry statute, and we understand the collateral consequences military clients face, including command notification and security clearance issues.
Frequently Asked Questions
What Are the Penalties for Weapons Charges in Colorado Springs?
Penalties depend on the statute charged. Misdemeanor offenses such as carrying a concealed weapon without a permit carry up to 364 days in jail and up to $1,000 in fines. Possession of a dangerous weapon, illegal discharge of a firearm, and possession of a weapon by a previous offender are class 5 felonies carrying one to three years in prison. A straw purchase is a class 4 felony carrying two to six years. Penalties compound quickly when weapons allegations accompany assault or domestic violence charges.
Can Weapons Charges Be Dismissed or Reduced?
Many weapons cases are resolved through dismissal, reduced charges, or alternative sentencing. Common defenses include challenging the legality of the stop or search, contesting whether you knowingly possessed the weapon, showing that a statutory exception applies, such as a valid permit, carry in your own home or vehicle, or self defense, and disputing whether a prior conviction qualifies under the POWPO statute. Early representation matters because suppression motions and evidence preservation are time sensitive.
How Do Recent Colorado Law Changes Affect My Case?
The statute and penalty that apply depend on when the alleged conduct occurred. Offenses reclassified in 2022 carry different sentences than older versions of the same statutes, rapid-fire devices became felony-level dangerous weapons in April 2025, and SB25-003's purchase requirements apply only to transactions on or after August 1, 2026. Despite what you may have read, no 2026 legislation repealed Colorado's magazine limit or concealed carry restrictions; the bill that proposed it died in committee. We verify the controlling version of every statute in every case.
Will I Lose My Gun Rights After a Conviction?
A felony conviction prohibits firearm possession under both Colorado and federal law, and a misdemeanor domestic violence conviction triggers a federal prohibition as well. This is one of the strongest reasons to fight for a dismissal or a reduction to a non-prohibiting offense rather than accept a quick plea.
How Much Does Weapons Charge Defense Cost?
Your initial consultation is free. Fees depend on the complexity of the case, from municipal ordinance violations to felony and federal prosecutions, and we explain pricing clearly before you commit to anything.
Contact Colorado Springs Criminal Defense, LLC Today
Every day without representation is a day the prosecution builds its case. If you have been charged with any weapons offense in Southern Colorado, contact us immediately for a free consultation.
Colorado Springs Criminal Defense, LLC · (719) 578-3344 · 10 Boulder Crescent Street, Ste. 301, Colorado Springs, CO 80903 · Serving El Paso, Teller, Pueblo, and Fremont Counties
Sources
Colorado Bureau of Investigation, Firearm Legislation, Rules and Statutes (current C.R.S. §§ 18-12-101 through 18-12-115): cbi.colorado.gov
C.R.S. § 18-12-107.5, Illegal Discharge of a Firearm: cbi.colorado.gov
C.R.S. § 18-12-108, Possession of Weapons by Previous Offenders: cbi.colorado.gov
C.R.S. § 18-12-111, Unlawful Purchase of Firearms: cbi.colorado.gov
SB25-003, Semiautomatic Firearms & Rapid-Fire Devices, Colorado General Assembly: leg.colorado.gov
Colorado Department of Revenue, Update on Implementation of SB25-003: sbg.colorado.gov
HB24-1174, Concealed Carry Permits & Training, Colorado General Assembly: leg.colorado.gov
HB26-1021 House Judiciary Committee action, February 17, 2026 (postponed indefinitely): leg.colorado.gov
Colorado Department of Public Health and Environment, Community Violence data: cdphe.colorado.gov
United States v. Suggs, 998 F.3d 1125 (10th Cir. 2021): law.justia.com
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