Possession of Weapon By a Previous Offender

The Colorado State Legislature has changed some of the laws around felons and guns.  HOWEVER, DO NOT FORGET THAT THE FEDERAL GOVERNMENT’S LAWS HAVE NOT CHANGED! Below is the new law 18-12-108. Possession of weapons by previous offenders. (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 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, under Colorado or any other state’s law or under 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 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 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, under Colorado or any other state’s law or under federal law IN THE PREVIOUS TEN YEARS. (4) (5) (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.