Contact Us
Please fill out the form below and one of our attorneys will contact you.
Office Location
Reviews & Ratings
- posted: Jul. 06, 2024
- Criminal Defense, Sex crimes
Differences between federal and state legal standards create confusion and tension as authorities seek to apply the law that favors their particular position on a given issue. For many years, Coloradans have lived with the fact that possession of marijuana for personal use remains a federal crime despite legalization on the state level. A similar discrepancy between federal and state gun laws triggered a showdown between Governor Jared Polis and state legislators.
The controversy stems from the fact that federal gun laws prohibit all felons from owning guns. In 2021, Colorado eased its state ban so that only individuals convicted of certain felonies, mostly involving violence, are prohibited from purchasing or possessing a weapon. As a response, the governor and attorney general sought $600,000 from the state legislature to pay for state-employed lawyers who would be loaned to the U.S. Attorney for the District of Colorado in order to prosecute defendants under the tougher federal law.
However, the Joint Budget Committee denied the funding requested by the governor and attorney general. One objection cited by opponents was that limited state resources should not be used to handle the federal government’s responsibilities. Attorneys employed by cities such as Denver and Aurora have been working in the U.S. Attorney’s office in an attempt to reduce gun crime.
Colorado’s law lists more than 100 particular underlying offenses that can still lead to a Possession of a Weapon by a Previous Offender charge, such as:
Murder
Manslaughter
Assault in the first or second degree
Sexual assault
Robbery
Child abuse
Domestic violence crimes
Arson
First- or second-degree burglary
Possession of a Weapon by a Previous Offender is a Class 5 felony in Colorado, punishable by as many as three years’ incarceration and a maximum $10,000 fine. While someone convicted of a felony related to drug possession or automobile theft is not subject to this state charge, they can be tried under the federal Felon in Possession of a Firearm count. According to the federal government, the average prison sentence for a conviction on that charge last more than five years.
If you have a previous conviction and have been accused of possessing a firearm, it’s critical to retain a strong defense lawyer right away. The attorneys of Polansky Law Firm in Boulder are highly experienced in federal criminal defense matters, as well as state cases involving alleged weapons possession and other offenses. For a free consultation please call 303-415-2583 or contact us online.
