Facing Firearms Charges in Colorado Springs? Here Is What You Need to Know
As a criminal defense attorney in Colorado Springs, I have seen firsthand how quickly a firearms charge can upend someone’s life. Whether you are a responsible gun owner who made an honest mistake or you have been wrongfully accused, understanding the legal landscape surrounding illegal possession of a firearm in Colorado Springs is critical to protecting your future.
Colorado has some of the most nuanced gun laws in the country, and a single misstep can result in serious criminal charges. At Christian A. Schwaner, P.C., I bring over 20 years of experience as both a former prosecutor and defense attorney to help clients navigate these complex cases. Let me walk you through what you need to know if you or a loved one is facing weapons charges in the Pikes Peak region.
Understanding Colorado Firearms Laws and Who Cannot Legally Possess a Gun
Colorado is generally considered a gun-friendly state, but there are important restrictions that many people overlook. Under Colorado Revised Statutes Section 18-12-108, certain individuals are prohibited from possessing firearms, including:
- Convicted felons — Anyone convicted of a felony in Colorado or any other state is prohibited from possessing a firearm
- Individuals convicted of domestic violence misdemeanors — Federal and state law both restrict firearm possession after a domestic violence conviction
- People subject to active restraining orders — If a protection order has been issued against you, possessing a firearm is a separate criminal offense
- Individuals with certain mental health adjudications — Court-ordered commitments can trigger a firearms prohibition
- Juveniles under 18 — Minors face strict limitations on firearm possession outside of supervised activities
Many of my clients are surprised to learn they fall into one of these categories. A prior conviction from years ago, or even a domestic violence charge that seemed minor at the time, can suddenly put you on the wrong side of the law when it comes to gun ownership.
Common Firearms Charges I Defend in Colorado Springs
As a firearms defense attorney in Colorado Springs, I handle a wide range of weapons-related cases. The most common charges I see include:
- Possession of a weapon by a previous offender (POWPO) — This is a Class 5 felony carrying 1 to 3 years in prison and fines up to $100,000
- Illegal discharge of a firearm — Firing a weapon within city limits or in a reckless manner can lead to misdemeanor or felony charges
- Concealed carry violations — While Colorado is a shall-issue state for concealed carry permits, carrying without a valid permit or carrying in prohibited locations remains illegal
- Possession of a prohibited weapon — This includes short-barreled rifles, short-barreled shotguns, and silencers not registered under federal law
- Menacing with a deadly weapon — Using a firearm to threaten or intimidate another person is a serious felony charge closely related to felony menacing
Each of these charges carries different penalties and requires a different defense strategy. That is why working with an experienced Colorado Springs criminal defense lawyer who understands firearms law is so important.
Penalties for Illegal Gun Possession in Colorado
The consequences of a firearms conviction in Colorado Springs can be severe and life-altering. Depending on the specific charge, you could face:
- Prison time — Felony weapons charges can result in 1 to 6 years in the Colorado Department of Corrections
- Heavy fines — Financial penalties ranging from $1,000 to $100,000 or more
- Permanent felony record — A conviction follows you for life, affecting employment, housing, and your right to vote
- Loss of gun rights — A conviction will permanently prohibit you from legally possessing firearms
- Impact on military career — For active-duty military personnel stationed at Fort Carson or other local installations, a firearms conviction can end your career
These penalties underscore why early intervention from a qualified defense attorney is essential. The sooner you act, the more options we have to build a strong defense.
How I Defend Firearms Cases as a Former Prosecutor
My background as a former prosecutor gives me a unique advantage when defending gun charges in Colorado Springs. I know exactly how the prosecution builds these cases because I used to be on that side of the courtroom. This insight allows me to identify weaknesses in the state’s case that other attorneys might miss.
Common defense strategies I employ include:
- Challenging the legality of the search and seizure — If law enforcement violated your Fourth Amendment rights, the firearm evidence may be suppressed
- Disputing knowledge or possession — The prosecution must prove you knowingly possessed the weapon. Being near a firearm does not automatically mean you possessed it
- Questioning the validity of prior convictions — If the conviction that triggers your prohibited status was constitutionally deficient, we can challenge it
- Asserting self-defense — In cases involving discharge or menacing, self-defense or defense of others may apply
- Negotiating reduced charges — When the evidence is strong, I work to negotiate plea agreements that minimize the impact on your life and record
Why Timing Matters in Colorado Springs Firearms Cases
If you have been arrested or are under investigation for illegal gun possession in Colorado Springs, time is not on your side. Evidence needs to be preserved, witnesses need to be interviewed, and legal motions need to be filed promptly. Waiting to hire an attorney can limit your defense options significantly.
I offer free consultations because I believe everyone deserves to understand their legal situation before making critical decisions. During our initial meeting, I will review the facts of your case, explain the charges you face, and outline a clear defense strategy tailored to your specific circumstances.
Protect Your Rights and Your Future Today
A firearms charge does not have to define your future. With the right defense strategy and an experienced attorney on your side, there are often paths to reduced charges, dismissed cases, or acquittal. As someone who has spent over two decades in Colorado Springs courtrooms, I am committed to fighting for every client’s rights.
If you or someone you know is facing weapons charges in Colorado Springs, do not wait to get legal help. Contact Christian A. Schwaner, P.C. today for a free consultation. Call us at (719) 577-9700 or fill out our online form to get started.
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