(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.
(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;
(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); and
(iii) Unlawful conduct involving an unserialized firearm, frame, or receiver, as
described in section 18-12-111.5.
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.
For the legislative declaration contained in the 2002 act amending subsection (6)(b), see section 1 of chapter 318, Session Laws of Colorado 2002.
