The law in Colorado is unclear as to whether a convicted felon can legally hunt with a crossbow. A conservative reading of the applicable statutes is that felons in Colorado may not possess any weapons, including crossbows for hunting or non-hunting purposes.
But it also can be argued that crossbows fall outside the definition of prohibited weapons by convicted felons as long as the blade is less than 3.5 inches in length.
Crossbows consist of a “prod” that is mounted perpendicularly to a “tiller.” The weapon shoots projectiles called bolts or quarrels, which are similar to arrows.
Crossbows have a lock to hold back the bowstring, unlike bows and arrows, which require the user to manually pull back and hold the bowstring. So all crossbow users need to do to release the bowstring is depress a trigger similar to a gun’s.
2. What is the crime of “possession of a weapon by a previous offender”?
People convicted of a felony crime may not possess prohibited weapons in Colorado. State law is unclear whether this includes crossbows.
The Colorado crime of possession of a weapon by a previous offender (“POWPO”) under C.R.S. 18-12-108 is generally a class 6 felony carrying:
- 1 to 1 ½ years in state prison (with 1-year mandatory parole), and/or
- a fine of $1,000 to $100,000.
But a POWPO offense may be punished more harshly if the defendant’s previous conviction was within the last 10 years and the conviction was for either:
- burglary,
- arson, or
- any felony involving the use of force or the use of a deadly weapon (such as a crossbow).1
In this case, a first-time POWPO conviction is a class 5 felony, carrying:
- 1 to 3 years in prison (with two years mandatory parole), and/or
- a fine of $1,000 to $100,000.
And a subsequent conviction is a class 4 felony, carrying:
- 2 to 6 years in prison (with three years mandatory parole), and/or
- a fine of $2,000 to $500,000.
3. What weapons count under Colorado’s POWPO statute?
Any type of gun will bring you into violation of C.R.S. 18-12-108 if you have a prior felony conviction.
The gun does not even need to be capable of actually discharging a bullet. Merely possessing a gun with a broken firing mechanism is enough to put you in violation of Colorado’s POWPO law.2
4. Do people need a license to hunt in Colorado?
People need licenses from Colorado Parks and Wildlife to hunt lawfully in Colorado. Interestingly, this government agency does not run criminal background checks on applicants.
Therefore, felons may obtain hunting licenses. However, having a hunting license does not permit felons to possess prohibited weapons for hunting purposes.
In practice, many convicted felons press their luck and do hunt with weapons in Colorado. But they risk getting a POWPO conviction (explained above), which would add another felony to their criminal history.3
5. How can people restore their weapon rights through a Governor’s Pardon?
Convicted felons in Colorado may apply for a Governor’s Pardon to restore their weapons rights. However, pardons are typically available only to people who finished their criminal sentences at least ten years earlier. And even then, there is no guarantee that a pardon will be granted.
Qualifications for a Colorado governor’s pardon include:
- having good character before the conviction,
- having good conduct during the incarceration,
- statements by the sentencing judge, district attorney, and prosecuting attorney, and
- proof of the applicant’s rehabilitation
Learn more about applying for a Colorado Governor’s Pardon.
Legal References:
- C.R.S. 18-12-108.
- People v. O’Neal, App.2009, 228 P.3d 211, rehearing denied, certiorari denied 2010 WL 1436208.
- See Ryan Parker, “Felons set sights for hunting in Colorado,” The Denver Post (April 30, 2016).
