Possession of a weapon by a previous offender (POWPO) in Colorado

You were charged with possession of a weapon by a previous offender. People call it POWPO. The statute is C.R.S. 18-12-108. That is an accusation. It is not a finding that you possessed a firearm or that your prior record qualifies. The Reisch Law Firm defends POWPO cases from the Westminster office and takes cases around Colorado. We try these cases in Colorado state court. When the United States Attorney picks the file up, we try them in federal court too. Call (303) 291-0555.

Results (this charge)

In 2021 the firm obtained not-guilty verdicts on 13 POWPO counts. In 2020, after the federal government picked up a POWPO case, a federal jury returned not guilty. Those were those cases, those juries, and those records.

Past results do not guarantee future results.

What this charge means

The district attorney says you knowingly possessed, used, or carried a firearm (as defined in C.R.S. 18-1-901(3)(h)) or another weapon covered by Article 12, after a qualifying prior conviction or, in some cases, a qualifying juvenile adjudication.

The charge is about status plus possession. It is not a claim that you shot anyone. It is not a claim that you used the weapon in a robbery. Those can be separate counts. POWPO can stand alone. It can also ride along with a traffic stop, a search of a car or a house, or another felony.

“Knowingly” is part of the accusation. So is the idea that the thing is a firearm or an Article 12 weapon. So is the idea that your prior case is one the statute actually names. A prior case that feels serious to you is not automatically a POWPO predicate.

Colorado domestic violence is a designation that can attach to another offense. It is not a substitute for the lists in 18-12-108. A federal misdemeanor crime of domestic violence is a different definition.

The statute

Possession of weapons by previous offenders
C.R.S. 18-12-108

The charging document and the current Colorado Revised Statutes control. The General Assembly has rewritten this section more than once. Read the text in force on the date of the alleged offense.

What the prosecution has to prove

The State has to prove each element beyond a reasonable doubt. In a typical adult POWPO count under 18-12-108(1), that means proof that you:

Knowingly possessed, used, or carried on your person
A firearm as defined in C.R.S. 18-1-901(3)(h), or another weapon subject to Article 12
After a conviction that the statute treats as disqualifying: a felony crime as defined in C.R.S. 24-4.1-302(1) or listed in 18-12-108(7), or a qualifying attempt or conspiracy that is a felony, under Colorado law, another state’s law, or federal law

Juvenile cases use subsection (3). The adjudication must be for an act that would be a listed felony if committed by an adult. The statute also uses a ten-year window measured from completion of the sentence for that adjudication. The DA may try the case as actual possession (the weapon on you) or constructive possession (the weapon in a place the State says you controlled). Proximity is not the end of the proof. The prior is proved with records that match the person and the statute.

Penalties (confirm before you rely on this)

The charge is a Colorado felony accusation when it is filed under 18-12-108. Felony class, DOC exposure, parole, fines, and probation eligibility come from the current statute, the date of offense, and any extra findings. A finding that the firearm was used or threatened in another crime can change sentencing options under the published text of 18-12-108(2). Confirm the current text with counsel. Other counts on the same complaint can run consecutive.

Federal court is a different statute (often 18 U.S.C. § 922(g)) and a different sentencing book. A state POWPO and a federal felon-in-possession case are not interchangeable.

Past results do not guarantee future results. This page is not a promise about your sentence.

How a Colorado POWPO case usually starts

These files often start with a stop, a warrant, a probation or parole search, or a call for service that turns into a search of a car, a bag, or a house. The case can begin with an arrest or a later filing. POWPO is usually a felony filing. Expect county-court advisement after arrest, then a district-attorney decision to file, add counts, or decline.

Advisement is the first court appearance after arrest. The judge advises you of rights and sets bond. You are not required to enter a plea there. Arraignment is later. Bond on a weapons case often includes a no-weapons condition. Breaking it can create a new filing.

Some POWPO investigations are adopted by federal agents. The United States Attorney can charge a federal count instead of, or after, a state case. The firm handles both forums.

Issues that decide these cases

Is the prior one the statute names? 18-12-108 points to 24-4.1-302(1) and to the list in subsection (7). Out-of-state and federal convictions have to match.
Juvenile time window. Subsection (3) is not a lifetime copy of subsection (1).
Knowledge. The State has to prove you knew the weapon was there in the way the law requires.
Possession. On the person is one theory. Dominion and control is another.
Is it a firearm or an Article 12 weapon? Definitions are elements.
How the State got the weapon and the statement. That is motion practice.
State or federal. Different elements. Different juries. Different sentences.

If you have been charged, call the firm. Do not work these issues out with investigators on your own.

Why people call this firm on this charge

People call because their charge is listed, because they need a trial lawyer, or because a family member is in custody and the next court date is soon. Wrongfully accused or guilty as charged, the job is the same: test the State’s proof and protect the record.

The Reisch Law Firm works from one office in Westminster and takes cases around Colorado. We try cases in Colorado state court and in federal court when the case goes there. Call (303) 291-0555.

Related Colorado charges

What to do now

Call (303) 291-0555. Tell us the county and what the complaint or ticket says. The Reisch Law Firm defends Colorado criminal cases from one office in Westminster and takes cases around the state.

Call (303) 291-0555

The Reisch Law Firm
1490 West 121st Avenue, Suite 202, Westminster, CO 80234
Phone: (303) 291-0555

Back to Colorado Criminal Defense (A-Z)

Past results do not guarantee future results. Attorney advertising.

This page is general information. It is not legal advice and it does not create an attorney-client relationship. The charging document and the current Colorado Revised Statutes control.

Possession of a weapon by a previous offender (POWPO) in Colorado | Reisch Law Firm