CRS § 18-12-105.5 – Unlawful Possession of a Weapon on School Grounds in Colorado

CRS § 18-12-105.5 prohibits possessing a deadly weapon on the grounds of any public or private school in Colorado.

If the weapon is a firearm, a conviction carries up to 364 days and/or $1,000 in fines. Otherwise, a conviction is punishable by one year to 18 months in prison (with one-year mandatory parole) and/or a fine of up to $100,000.

To help you better understand the consequences of possessing a deadly weapon at a school, our Denver Colorado criminal defense lawyers discuss the following topics:

• 1. Elements
• 2. Penalties
• 3. Defenses
• Additional Reading

1. Elements

For you to be convicted of violating CRS 18-12-105.5, prosecutors have to prove beyond a reasonable doubt that you knowingly possessed a deadly weapon on the grounds of any public or private:

• elementary school,
• middle school,
• junior high school,
• high school,
• vocational school,
• college,
• university, or
• seminary.

Meaning of “Deadly Weapon”

For purposes of CRS 18-12-105.5, a “deadly weapon” includes:

• a firearm, whether loaded or unloaded; or
• a knife, bludgeon, or any other weapon, device, instrument, material, or substance, whether animate or inanimate, that, in the manner it is used or intended to be used, is capable of producing death or serious bodily injury.¹

Exceptions to the Law

If you have a CCW permit, you can carry concealed handguns at Colorado colleges and universities without breaking state law. However, private institutions can put limits on concealed carry. Also, public institutions may be able to ban concealed carry through contractual relationships in certain facilities.

Otherwise, you may lawfully possess a gun or other deadly weapon on school grounds in any of the following six circumstances:

1. The weapon is unloaded and remains inside a motor vehicle while on the real estate of any public or private college, university, or seminary; or
2. You are in your own home or place or business or on property you own or under your control at the time of the carrying; or
3. You are in a private automobile or other private means of conveyance and are carrying a weapon for self-defense; or
4. You are a school resource officer or a peace officer carrying a weapon in conformance with the policy of your employing agency; or
5. You possess the weapon for use in an educational program approved by a school; or
6. You, at the time of carrying a concealed weapon, held a valid written permit to carry the concealed weapon, AND:
   • The weapon remains in your vehicle and, if you are not in the vehicle, the weapon is in a compartment within the vehicle, and the vehicle is locked; or
   • You are employed or retained by contract by a school district or charter school as a school security officer, and you are on duty; or
   • You have a concealed handgun on undeveloped real property owned by a school district that is used for hunting or other shooting sports.²

2. Penalties

Unlawful possession of a deadly weapon (that is not a firearm) at a school is a class 6 felony, carrying:

• 1 to 1 ½ years in prison (with one-year mandatory parole), and/or
• A fine of $1,000-$100,000.

Unlawful possession of a firearm at a school is a class 1 misdemeanor carrying up to 364 days in jail and/or $1,000.

3. Defenses

Here at Colorado Legal Defense Group, we have represented literally thousands of people charged with firearms crimes. In our experience, the following seven defenses to CRS 18-12-105.5 charges have proven very effective with judges, prosecutors, and juries.

1. You possessed a small, legal knife (such as a pocket knife) but did not intend to use it as a weapon;³
2. You did not know you had the weapon on you;
3. You did not know you were on school grounds;
4. The weapon was lawfully in your car at all times;
5. You were lawfully permitted to bring the weapon onto school grounds;
6. You did not know you had the weapon due to diminished capacity / insanity; or
7. The weapon was discovered during an illegal search and seizure in violation of your Fourth Amendment rights.

Additional Reading

For more in-depth information, refer to the following scholarly articles:

• Preventing School Shootings: The Effectiveness of Safety Measures – Victims & Offenders.
• A Duty to Protect: Why Gun-Free Zones Create a Special Relationship between the Government and Victims of School Shootings – Cornell Journal of Law & Public Policy.
• Historical Examination of United States Intentional Mass School Shootings in the 20th and 21st Centuries: Implications for Students, Schools, and Society – Journal of Child and Family Studies.
• Child-Access-Prevention Laws, Youths’ Gun Carrying, and School Shootings – The Journal of Law and Economics.
• Laws That Bit The Bullet: A Review of Legislative Responses to School Shootings – American Journal of Criminal Justice.

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