Denver Gun Crime Lawyer
Colorado treats firearms offenses with a severity that surprises many people who assumed their Second Amendment rights would offer some protection in a criminal proceeding. They do not, at least not in the way most people expect. A gun charge in Denver can mean mandatory prison time, permanent loss of firearms rights, and collateral consequences that follow you through employment, housing, and immigration status for the rest of your life. At DeChant Law, Denver gun crime lawyer Reid understands that these charges rarely tell the whole story, and that the difference between a conviction and a dismissal often comes down to how hard someone is willing to fight.
How Colorado Prosecutes Firearms Charges
Gun charges in Colorado come in several distinct forms, and the prosecution’s approach shifts depending on the underlying facts. At the lower end, unlawful possession of a firearm by a previous offender is a Class 6 felony, but it can escalate quickly to a Class 5 felony depending on the nature of the prior conviction. Carrying a concealed handgun without a permit is typically a misdemeanor, but prosecutors in Denver and the surrounding counties do not treat it lightly, especially when it accompanies another charge.
The charges that carry the most weight are those involving firearms in connection with a crime of violence. When a weapon is alleged to have been used, displayed, or even present during the commission of a felony, Colorado’s crime of violence sentencing provisions can kick in. These provisions mandate that a convicted defendant serve a substantial portion of the sentence in the Department of Corrections without the possibility of early release. That is not a discretionary outcome a judge can soften based on good character or a clean prior record. It is baked into the statute.
Denver’s proximity to high-traffic corridors, active nightlife in areas like LoDo and RiNo, and a dense population mean that firearms-related arrests happen with regularity, often in situations that are more ambiguous than the initial police report suggests. Charges are filed based on what law enforcement observed in the moment, and there is rarely a full picture in that initial documentation.
What the Evidence Actually Looks Like in a Gun Case
Gun prosecutions in Denver often rest on a narrower evidentiary foundation than prosecutors would prefer you to know. Constructive possession, meaning the legal theory that you controlled a firearm even if you never physically held it, is one of the most contested issues in these cases. A weapon found in a shared vehicle or a common area of a home does not automatically belong to any one person, and the prosecution has to prove that you exercised dominion and control over it. That is a real legal burden, and it can be challenged.
Search and seizure issues arise constantly in firearms cases. The Fourth Amendment governs how law enforcement is permitted to discover and recover a weapon. If a weapon was found during an unlawful traffic stop, a search that exceeded the scope of a warrant, or a pat-down that lacked reasonable articulable suspicion, the evidence may be suppressible. When the firearm is suppressed, the charge often falls apart entirely. Reid has defended cases across Denver, Adams County, Jefferson County, and beyond, and the pattern holds: the initial stop or search is frequently the most vulnerable point in the prosecution’s case.
Chain of custody, fingerprint analysis, and the handling of forensic evidence also matter. A weapon that was improperly catalogued, a DNA sample with cross-contamination concerns, or a trace report with documented irregularities can all become significant issues at the suppression hearing or at trial. These are not abstract legal theories. They are practical tools in building a defense that actually holds up.
The Consequences That Extend Beyond the Sentence
A felony gun conviction in Colorado does not end when the sentence ends. Under federal law, any person convicted of a felony is permanently prohibited from possessing, purchasing, or even being in close proximity to a firearm. That prohibition is lifetime, not subject to expiration, and it applies regardless of whether Colorado later seals the record. A sealed felony does not restore federal firearms rights.
For non-citizens, a gun conviction carries immigration consequences that can be swift and severe. Certain firearms offenses are classified as aggravated felonies under federal immigration law, which means deportation is a near-certain outcome for those who are not citizens, regardless of how long they have lived in the United States or what legal status they hold. Even lawful permanent residents who have been in the country for decades have faced removal based on firearms convictions. This is one of the reasons that plea offers in gun cases require far more scrutiny than they might appear to deserve on the surface.
Professional licenses, security clearances, and law enforcement careers are all at risk. If you hold a CDL and are convicted of a firearms offense, that license may be in jeopardy. If you work in a field requiring a government security clearance, a pending charge alone can trigger suspension. The criminal case is one battle. The collateral consequences are often the longer war.
Questions People Ask About Denver Gun Charges
Can I be charged with a gun crime even if the weapon was not mine?
Yes. Colorado law allows prosecutors to charge someone with possession based on a constructive possession theory, which means they can argue you had access to and control over a firearm even if someone else owned it or if it was found in a shared space. Whether that theory holds up in court is a different question, and it depends heavily on the specific facts, who else was present, whose belongings surrounded the weapon, and what statements, if any, were made to police.
What happens to my gun rights after a domestic violence conviction?
A conviction for a domestic violence offense, even a misdemeanor, results in a federal prohibition on firearms possession under the Lautenberg Amendment. This is a federal law that operates independently of Colorado state law. It applies to misdemeanor convictions, not just felonies. If you are facing a domestic violence charge that has been designated as such, the impact on your firearms rights is one of the first things that needs to be evaluated.
How do Colorado’s red flag laws affect someone facing a firearms charge?
Colorado’s Extreme Risk Protection Order law allows courts to temporarily remove firearms from a person who is deemed a risk to themselves or others. If you are involved in a criminal case, a ERPO petition may be filed alongside it, which creates parallel legal proceedings. Responding to an ERPO requires its own strategy and is separate from the defense of the underlying charge.
Does having a concealed carry permit protect me from arrest?
A valid Colorado concealed carry permit is a lawful authorization to carry a concealed handgun in permitted locations, but it does not insulate you from arrest if law enforcement believes a law was broken. Certain locations are off-limits regardless of permit status, including public schools, government buildings, and private property where firearms are prohibited. The permit also does not override any federal restriction, including the prohibition that applies to prior felony convictions.
Can gun charges be reduced or dismissed in Denver courts?
They can, and they have been. The outcomes depend on the strength of the evidence, whether constitutional violations occurred during the investigation or arrest, and how the defense is positioned from the beginning of the case. Results from the past never guarantee what will happen in a future case, but dismissals and not guilty verdicts in serious criminal cases are part of what Reid has achieved in courts across the Denver metro area.
What is the difference between a charge of menacing and a felony weapons charge?
Menacing involves placing another person in fear of imminent serious bodily injury. When a deadly weapon is alleged to have been used or displayed during that act, the charge becomes a Class 5 felony rather than a misdemeanor. The presence of a firearm is what elevates the offense, which means both the menacing allegation and the weapons allegation have to be contested. These charges frequently appear together in domestic violence cases or incidents involving neighbors and disputes in public spaces.
Should I talk to police if I am stopped and they find a weapon?
You have the right to remain silent, and in firearms cases especially, exercising that right immediately and consistently is almost always the right move. Statements made during a traffic stop or a field investigation are admissible and are routinely used to fill in gaps that the physical evidence alone cannot prove. An admission about where a weapon came from, whether you knew it was there, or whether you ever possessed it previously can determine the outcome of a case that might otherwise be winnable.
Defending Firearms Charges Across the Denver Metro
Firearms offenses in Colorado carry stakes that are difficult to overstate, and the decisions made in the first hours and days after an arrest shape everything that follows. DeChant Law defends gun crime cases in Denver District Court, Jefferson County, Adams County, Arapahoe County, Douglas County, and Broomfield, across the full range of charges from unlawful possession to felony weapons enhancements. Reid’s background as a public defender gave him a direct view into how prosecutors build these cases and where those cases tend to break down. As a Denver firearms defense attorney, he brings that same tenacity to every client who walks through the door, not because the outcome is guaranteed, but because the fight is worth having.