Can a felon hunt with a crossbow in Colorado?

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The law is unclear. 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″ in length.

Crossbows

crossbow

Colorado law regarding crossbows are Colorado.

Crossbows consist of a “prod” that is mounted perpendicularly to a “tiller.” It shoots projectiles called bolts or quarrels, which are similar to arrows.

Unlike bows and arrows — which require the user to manually pull back and hold the bowstring — crossbows have a lock to hold back the bowstring. So all crossbow users need to do to release the bowstring is depress a trigger similar to a gun’s.

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 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)

In this case, a first-time POWPO conviction is a class 5 felony, carrying:

  • 1 to 3 years in prison (with 2 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 3 years mandatory parole), and/or
  • a fine of $2,000 to $500,000

Hunting licenses 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 give felons permission 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.

(See Ryan Parker, “Felons set sights for hunting in Colorado“, The Denver Post (April 30, 2016).

Restoring 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 (10) 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 prior to 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.

(See Jordan Steffen, “Reformed inmate frustrated by backlog in Colorado’s pardon process“, Denver Post (April 26, 2016).

About the Author

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Michael Becker

Michael Becker has over a quarter-century's worth of experience as an attorney and more than 100 trials under his belt. He is a sought-after legal commentator and is licensed to practice law in Colorado, Nevada, California, and Florida.

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