Statute for 18 – 12 – 105.5 – Unlawful Carrying/Possession Of Weapon (School, College Or University Grounds)
Here is the charge you are facing:
18-12-105.5. Unlawfully carrying a weapon – unlawful possession of weapons – school, college, or university grounds
(1) A person commits a class 6 felony if such person knowingly and unlawfully and without legal authority carries, brings, or has in such person’s possession a deadly weapon as defined in section 18-1-901 (3) (e) in or on the real estate and all improvements erected thereon of any public or private elementary, middle, junior high, high, or vocational school or any public or private college, university, or seminary, except for the purpose of presenting an authorized public demonstration or exhibition pursuant to instruction in conjunction with an organized school or class, for the purpose of carrying out the necessary duties and functions of an employee of an educational institution that require the use of a deadly weapon, or for the purpose of participation in an authorized extracurricular activity or on an athletic team.
(2) (Deleted by amendment, L. 2000, p. 709, § 45, effective July 1, 2000.)
(3) It shall not be an offense under this section if:
(a) The weapon is unloaded and remains inside a motor vehicle while upon the real estate of any public or private college, university, or seminary; or
(b) The person is in that person’s own dwelling or place of business or on property owned or under that person’s control at the time of the act of carrying; or
(c) The person is in a private automobile or other private means of conveyance and is carrying a weapon for lawful protection of that person’s or another’s person or property while traveling; or
(d) The person, at the time of carrying a concealed weapon, held a valid written permit to carry a concealed weapon issued pursuant to section 18-12-105.1, as said section existed prior to its repeal; except that it shall be an offense under this section if the person was carrying a concealed handgun in violation of the provisions of section 18-12-214 (3); or
(d.5) The weapon involved was a handgun and the person held a valid permit to carry a concealed handgun or a temporary emergency permit issued pursuant to part 2 of this article; except that it shall be an offense under this section if the person was carrying a concealed handgun in violation of the provisions of section 18-12-214 (3); or
(e) The person is a peace officer, as described in section 16-2.5-101, C.R.S., when carrying a weapon in conformance with the policy of the employing agency as provided in section 16-2.5-101 (2), C.R.S.; or
(f) and (g) (Deleted by amendment, L. 2003, p. 1626, § 51, effective August 6, 2003.)
(h) The person has possession of the weapon for use in an educational program approved by a school which program includes, but shall not be limited to, any course designed for the repair or maintenance of weapons.
When you look at the Statute, you may have questions about definitions of certain words or how the Colorado Court will interpret certain phrases. To answer these questions, Criminal Defense Attorney turn to "case law." That is, lawyers look at previous cases to determine how these words and phrases should be defined and interpreted. The best way to locate caselaw for free is to go to google scholar and search for legal opinions involving your charges from Colorado courts. Remember to talk to your attorney about any issues in your case and how the lawyer believes that the issues should be handled.
Colorado Penalties for Unlawful Carrying/Possession Of Weapon (School, College Or University Grounds)
The charge of Unlawful Carrying/Possession Of Weapon (School, College Or University Grounds), is categorized as a:
Click here to find out how much jail time is associated with this penalty.
How to Use This Information
After you have hired a Denver Colorado Criminal Defense Attorney, you will need to sit down with him to talk about the strengths and weaknesses of your case. To begin this process, you should think about what the prosecutor will attempt to show in order to say that you are guilty. This involves analyzing the statute language above as well as the jury instructions (which is the set of instructions that the jury will use to understand the law). This will allow you to get a better idea of how you can attack the prosecutor’s case and build your own case. So to begin, you should understand that the prosecutor will need to prove certain things beyond a reasonable doubt for you to be found guilty. These things are called “elements”.
The jury will be notified of the elements through a set of instructions called “Jury Instructions.” The Jury Instructions will be crafted by your attorney and the prosecutor. Your Denver Colorado Criminal Defense Attorney will mold the jury instructions to your case, adding facts that are specific to the case and omitting unnecessary parts of the instructions.
Please find the model jury instruction for Unlawful Carrying/Possession Of Weapon (School, College Or University Grounds) below. These will be adapted by your Denver Colorado Attorney for your case.
The elements of the crime of carrying or possession of a weapon on school, college or university grounds are: 1. That the defendant, 2. in the State of Colorado, at or about the date and place charged, 3. knowingly and unlawfully, 4. without legal authority, 5. carried, brought, or had in his/her possession a deadly weapon, 6. in or on the real estate and all improvements erected thereon, of any public or private elementary, middle, junior high, high school, vocational school or any public or private college, university or seminary. 7. [without the affirmative defense in instruction number __________.] After considering all the evidence, if you decide the prosecution has proven each of the elements beyond a reasonable doubt, you should find the defendant guilty of carrying or possession of a weapon on school, college or university grounds. After considering all the evidence, if you decide the prosecution has failed to prove any one or more of the elements beyond a reasonable doubt, you should find the defendant not guilty of carrying or possession of a weapon on school, college or university grounds. NOTES ON USE Delete inapplicable bracketed material. ?18-12-105.5(1) and (3)(a) through (h) set forth circumstances in which the carrying or possession of the ?deadly weapon? is not an offense. In Re: JWT, 93 P.3d 980 (Colo. 2004) (knife with a length of less than three and one-half inches is not a deadly weapon unless it is proven that the defendant used or intended to use the knife as a deadly weapon. When this instruction is used, the definition of deadly weapon as defined in ? 18-1-901)(3)(e), C.R.S must be given.
To begin the process of analyzing your case, think about your case from the perspective of the prosecutor. Think about the facts that the prosecutor will have to prove to establish each element. Next, sit down with your Colorado Defense Attorney and talk about some of the legal ways that you can use to counter the prosecutor’s evidence. Talk to your attorney about whether he thinks any of the prosecutor’s evidence can be kept out of court. For example, if you were illegally searched, your attorney may be able to keep the things that were found, as a result of that illegal search, out of court. Additionally, talk to your attorney about whether you have any defenses to Unlawful Carrying/Possession Of Weapon (School, College Or University Grounds).
Don’t Forget about Immigration:
If you are not a U.S. citizen, be sure to ask your attorney whether your charges will trigger deportation if you are found guilty or plea to the charge.
The information in this post is for informational purposes only and should not be construed as legal advice or as the creation of an attorney-client relationship. For legal advice, please contact an Attorney.