With very limited exceptions, 18-12-108.5 CRS prohibits persons under 18 from possessing handguns in Colorado. A first offense is a class 2 misdemeanor punished by
- probation,
- fines and/or
- custody in a youth detention facility.
To help you better understand Colorado gun laws, our Denver criminal defense lawyers discuss the following:
A juvenile, under 18 years of age, may possess a gun under certain circumstances in Colorado
1. Juvenile Gun Possession
If you are under 18, you may legally possess a handgun in Colorado if you have the permission of your parent or legal guardian and any of the following seven exceptions apply:
- You are at a hunter’s safety course or a firearms safety course;
- You are practicing at a shooting range;
- You are participating in an organized competition involving the use of a firearm or participating in – or practicing for – a performance by an organized group that is tax-exempt under section 501(c)(3) of the U.S. Internal Revenue Code;
- You are hunting or trapping with a valid license;
- You are traveling to or from any of the activities above with an unloaded handgun;
- You are on real property under the control of your parent, legal guardian, or grandparent, and your parent or legal guardian has given you permission to possess a handgun there; or
- With the permission of your parent or legal guardian, you have a handgun at your residence for self-defense.
For purposes of these exceptions, a handgun is “loaded” if:
- There is a cartridge in the chamber of the handgun; or
- There is a cartridge in the cylinder (if the handgun is a revolver); or
- You have both the handgun and ammunition on your person in such close proximity that you could readily access both and load the handgun.1
2. Possession
A first-time offense of illegal juvenile possession of a handgun is a class 2 misdemeanor. Although juvenile sentencing is more flexible than for adults, penalties can include:
- Commitment to a juvenile detention center,
- Probation, and/or
- A monetary fine.
A second or subsequent offense for illegal possession of a handgun by a juvenile is a class 5 felony.
- If you are not yet 18 at the time of sentencing, the court must sentence you outside of the home for at least one year unless the court finds that an alternative sentence or a commitment of less than one year would be more appropriate.
- If you are at least 18 on the date of sentencing, the court has the discretion to send you to a county jail or a community correctional facility or program for up to two years. You may, however, be released by the committing judge upon a showing of exemplary behavior.2
Juvenile gun possession carries potential time in Juvie Hall.
3. Defenses
Here at Colorado Legal Defense Group, we have represented literally thousands of people – including juveniles – accused of gun crimes. In our experience, five defenses that have proven very successful with judges and prosecutors are the following:
- You were 18 years (or older) at the time of the alleged offense;
- You did not know you had a handgun in your possession;
- You fell within one of the listed exceptions to 18-12-108.5 C.R.S. (because you had the permission of your parents and were engaging in a legal or constitutionally protected activity);
- You were at home and possessed the gun for self-defense with the permission of your parents or legal guardian; or
- The gun was discovered during an illegal search and seizure in violation of your Fourth Amendment rights.3
Additional Reading
For more in-depth information, refer to these scholarly articles:
- Guns and Juvenile Crime – The Journal of Law and Economics.
- Risky Behavior, Juveniles, Guns, and Unintentional Firearms Fatalities – Youth Violence and Juvenile Justice.
- The illicit acquisition of firearms by youth and juveniles – Journal of Criminal Justice.
- Examining the Arsenal of Juvenile Gunslingers: Trends and Policy Implications – Crime & Delinquency.
- Guns, Gangs, and Preschools – Moving beyond Conventional Solutions to Confront Juvenile Violence – Barry Law Review.
See our related article on juvenile offenses in Colorado.
Legal references:
- CRS 18-12-108.5 – Possession of handguns by juveniles – prohibited – exceptions – Penalty.
(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) Any person under the age of eighteen years who is taken into custody by a law enforcement officer for an offense pursuant to this section shall be taken into temporary custody in the manner described in section 19-2-508, C.R.S.
(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.
- Same.
- The parental permission exception to the offense of illegal possession of a handgun by a juvenile is an affirmative defense. Evidence must be presented indicating that such defense applies before the prosecution has the burden of proving the non-existence of that defense. People ex rel. L.M. (App.2000) 17 P.3d 829.