C.R.S. § 18-12-108.5 – Possession of a Handgun by a Juvenile – Colorado Law

Colorado Revised Statute § 18-12-108.5 C.R.S. prohibits juveniles under 18 years old from possessing handguns, with limited exceptions. A first-time offense is a class 2 misdemeanor punished by:

• probation,
• community service,
• fines and/or
• commitment to a youth detention facility.

In this article, our Denver criminal defense lawyers will address the following key issues regarding juvenile handgun possession in Colorado:

• 1. Elements of C.R.S. 18-12-108.5
• 2. Penalties
• 3. Defenses
• Frequently Asked Questions
• Additional Reading

1. Elements of C.R.S. 18-12-108.5

Normally, you cannot possess handguns in Colorado if you are under 18 years old. Though if you have the permission of your parent or legal guardian, you may lawfully possess a handgun in Colorado as long as one of the following seven things is true:

1. You are at a hunter’s safety course or a firearms safety course;
2. You are practicing at a shooting range;
3. You are participating in an organized competition involving the use of a firearm or participating in – or practicing for – a performance by an organized non-profit organization;
4. You are hunting or trapping with a valid license;
5. You are on real property under the control of your parent, legal guardian, or grandparent, and they gave you permission to possess a handgun there;
6. With the permission of your parent or legal guardian, you have a handgun at your residence for self-defense; and/or
7. You are traveling to or from any of the activities above with an unloaded handgun. A handgun is “loaded” if there is a cartridge in the chamber (or the cylinder for revolvers), or you have both the handgun and ammunition on your person in such close proximity that you could readily access both and load the handgun.¹

2. Penalties

In Colorado, a first-time offense of unlawful juvenile handgun possession is a class 2 misdemeanor. Although juvenile sentencing is more flexible than for adults, penalties for violating C.R.S. 18-12-108.5 can include:

• Commitment to a juvenile detention center,
• Community service,
• Probation, and/or
• A monetary fine.

A second or subsequent offense for unlawful possession of a handgun by a juvenile is a class 5 felony. The penalties depend on your age:

• If you are younger than 18 at the time of sentencing, the court must sentence you outside of the home for at least one year unless the court finds a more appropriate punishment.
• If you are at least 18 on the date of sentencing, the court may send you to a county jail or a community correctional facility/program for up to two years. However, the committing judge can release you early for exemplary behavior.²

3. Defenses

Here at Colorado Legal Defense Group, we have represented literally thousands of people – including juveniles – accused of gun crimes. In our experience, the following five defenses that have proven very successful with judges and prosecutors at getting C.R.S. 18-12-108.5 charges reduced or dismissed.

1. You were 18 years (or older) at the time of the alleged offense.
2. You did not know you had a handgun in your possession.
3. You fell within one of the listed exceptions to C.R.S. 18-12-108.5 (because you had the permission of your parents and were engaging in a lawful or constitutionally protected activity).
4. You were at home and possessed the gun for self-defense with the permission of your parents or legal guardian.
5. The gun was discovered during an unlawful search and seizure in violation of your Fourth Amendment rights.³

Frequently Asked Questions

What happens if a juvenile gets caught with a handgun in Colorado?

A first-time offense is a class 2 misdemeanor that can result in probation, community service, fines, or time in a juvenile detention facility. A second offense becomes a class 5 felony with harsher penalties, including at least one year outside the home if under 18 at sentencing.

Can minors legally possess handguns in Colorado under any circumstances?

Yes, minors under 18 can legally possess handguns with parental permission in specific situations: at firearms safety courses, shooting ranges, organized competitions, while hunting with a valid license, on family property, at home for self-defense, or when traveling to these activities with an unloaded gun.

Do parents need to give permission for every exception to juvenile handgun laws?

Yes, parental or legal guardian permission is required for all legal exceptions. This includes activities like shooting practice, hunting, competitions, possessing guns on family property, or having a handgun at home for self-defense.

How do I fight juvenile handgun possession charges in Colorado?

Common defenses include proving you were 18 or older, showing you didn’t know you had the gun, demonstrating you fell under a legal exception with parental permission, or challenging the case if the gun was found through an illegal search that violated your Fourth Amendment rights.

Additional Reading

For more in-depth information, refer to these scholarly articles:

• Guns and Juvenile Crime – The Journal of Law and Economics.
• Risky Behavior, Juveniles, Guns, and Unintentional Firearms Fatalities – Youth Violence and Juvenile Justice.
• The illicit acquisition of firearms by youth and juveniles – Journal of Criminal Justice.
• Examining the Arsenal of Juvenile Gunslingers: Trends and Policy Implications – Crime & Delinquency.
• Guns, Gangs, and Preschools – Moving beyond Conventional Solutions to Confront Juvenile Violence – Barry Law Review.

See our related articles on juvenile offenses in Colorado and Colorado gun laws.

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