C.R.S. § 18-12-105.5 – Unlawful Possession of a Weapon on School Grounds in Colorado

Colorado Revised Statute § 18-12-105.5 C.R.S. makes it a crime to possess a deadly weapon on the grounds of any public or private school in Colorado.

If the weapon is a firearm, a conviction carries up to 364 days and/or $1,000 in fines. Otherwise, a conviction is punishable by Colorado State Prison for one year to 18 months (with mandatory parole after one year) and/or a fine of up to $100,000.

In this article, our Denver criminal defense lawyers will address the following key issues regarding possessing a deadly weapon at a school in Colorado.

• 1. Elements of C.R.S. 18-12-105.5
• 2. Penalties
• 3. Defenses
• Frequently Asked Questions
• Additional Reading

1. Elements of C.R.S. 18-12-105.5

For you to be convicted of violating C.R.S. 18-12-105.5, Colorado prosecutors have to prove beyond a reasonable doubt that you knowingly possessed a deadly weapon on the grounds of any public or private:

• elementary school,
• middle school,
• junior high school,
• high school,
• vocational school,
• college,
• university, or
• seminary.

C.R.S. 18-12-105.5 also prohibits possessing firearms specifically at any licensed child care center.

Meaning of “Deadly Weapon”

For purposes of C.R.S. 18-12-105.5, a “deadly weapon” includes:

• a firearm, whether loaded or unloaded; or
• a knife, bludgeon, or any other weapon, device, instrument, material, or substance, whether animate or inanimate, that, in the manner it is used or intended to be used, is capable of producing death or serious bodily injury.¹

Exceptions to the Law

If you have a CCW permit, you can carry concealed handguns at Colorado colleges and universities without breaking state law. However, private institutions can put limits on concealed carry. Additionally, public institutions may be able to prohibit concealed carry through contractual agreements in certain facilities.

Otherwise, you may lawfully possess a gun or other deadly weapon on school grounds in any of the following eight circumstances:

1. Car storage: The weapon is unloaded and remains inside a motor vehicle while on the real estate of any public or private college, university, or seminary; or
2. Weapon in home/office: You are in your own home or place or business or on property you own or under your control at the time of the carrying; or
3. Self-defense while traveling: You are in a private automobile or other private means of conveyance and are carrying a weapon for self-defense, defense of others, or defense of property while traveling; or
4. School officer: You are a school resource officer or a peace officer carrying a weapon in conformance with the policy of your employing agency; or
5. Educational program: You possess the weapon for use in an educational program approved by a school; or
6. CCW Permit: You, at the time of carrying a concealed handgun, held a valid written permit to carry the concealed weapon, AND:
   1. You are on the real property of a public elementary, middle, junior high, or high school in accordance with the authority granted pursuant to C.R.S. 18-12-214(3); or
   2. You are in a parking area of a licensed child care center or a public or private college, university, or seminary; or
7. Security guard: You are employed or retained as security personnel by a licensed child care center or a public or private college, university, or seminary, and you are carrying a firearm while engaged in your official security duties.
8. Non-child care real estate: You are carrying a firearm on an area of real estate that is not a school, that is open to the public, and that is not designated as a licensed child care center even though it is on the same real estate as a licensed child care center.

Having a deadly non-firearm weapon on school property is a felony in Colorado.

2. Penalties

Unlawful possession of a deadly weapon (that is not a firearm) at a school is a class 6 felony, carrying:

• 1 to 1 ½ years in Colorado State Prison (with one-year mandatory parole), and/or
• A fine of $1,000 to $100,000.

Unlawful possession of a firearm at a Colorado school is a class 1 misdemeanor carrying up to 364 days in jail and/or $1,000.

3. Defenses

Here at Colorado Legal Defense Group, we have represented literally thousands of people charged with firearms crimes. In our experience, the following seven defenses to C.R.S. 18-12-105.5 charges have proven very effective with judges, prosecutors, and juries.

1. You possessed a small, legal knife (such as a pocket knife) but did not intend to use it as a weapon;³
2. You did not know you had the weapon on you;
3. You did not know you were on school grounds;
4. The weapon was lawfully in your car at all times;
5. You were lawfully permitted to bring the weapon onto school grounds;
6. You did not know you had the weapon due to diminished capacity / insanity; or
7. The weapon was discovered during an illegal search and seizure in violation of your Fourth Amendment rights.

Typical evidence in these cases includes the weapon itself, fingerprints, eyewitness accounts, and surveillance video.

C.R.S. 18-12-105.5 prohibits deadly weapons on school property.

Frequently Asked Questions

Is possessing a firearm on school grounds a felony in Colorado?

No. Possessing a firearm on school, college, or university grounds is usually a class 1 misdemeanor, punishable by up to 364 days in jail and/or up to $1,000 in fines. However, possessing other deadly weapons—such as knives, clubs, or bludgeons—is a class 6 felony.

Can I have a firearm in my car while on school or college property?

Sometimes. Colorado law allows firearms to remain inside private vehicles in certain circumstances, particularly on college and university property. In addition, concealed carry permit holders may keep firearms in parking areas if they comply with permit requirements. However, removing the firearm from the vehicle or carrying it onto school grounds without authorization could lead to criminal charges.

Does this law apply to licensed child care centers?

Yes. Colorado law prohibits knowingly carrying firearms on the property of licensed child care centers, just as it does for schools and colleges. However, certain exceptions apply, including for authorized security personnel, concealed carry permit holders in designated parking areas, and approved educational or employment activities.

Are there any exceptions for concealed carry permit holders?

Yes. Concealed carry permit holders may legally carry concealed handguns in certain parking areas of schools, colleges, universities, and licensed child care centers. Permit holders may also carry concealed firearms on public school property if authorized under Colorado’s concealed carry statute. Additional exceptions apply for peace officers, school resource officers, and approved educational programs.

Why is possessing a knife on school grounds a felony but possessing a firearm only a misdemeanor?

Colorado law treats firearms differently because firearms are subject to a comprehensive concealed carry permitting system. The legislature created a separate misdemeanor offense for unlawful firearm possession on school grounds to account for lawful gun owners who may carry concealed handguns under state permits. In contrast, there is no comparable permitting system for knives and other deadly weapons, so unlawful possession of those weapons on school grounds is classified as a felony.

Additional Reading

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

• Preventing School Shootings: The Effectiveness of Safety Measures – Victims & Offenders.
• A Duty to Protect: Why Gun-Free Zones Create a Special Relationship between the Government and Victims of School Shootings – Cornell Journal of Law & Public Policy.
• Historical Examination of United States Intentional Mass School Shootings in the 20th and 21st Centuries: Implications for Students, Schools, and Society – Journal of Child and Family Studies.
• Child-Access-Prevention Laws, Youths’ Gun Carrying, and School Shootings – The Journal of Law and Economics.
• Laws That Bit The Bullet: A Review of Legislative Responses to School Shootings – American Journal of Criminal Justice.

Legal Resources: