Asked in Criminal Law for Colorado

Q: Possession of fire arm

Hello so I’m a convicted felon and my wife is not she recently purchased a hand gun and safe that I don’t have access too am I still allowed to be in the house as the law states I shall not be in possession of it and let’s be honest the word possession mean everything to the law

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1 Lawyer Answer
Austin Michael Lux
Austin Michael Lux
  • Criminal Law Lawyer
  • Colorado Springs, CO
  • Licensed in Colorado

A: Colorado defines possession for the purpose of the Possession of a Weapon by a Previous Offender statute in the following way:

"Possession constitutes a “voluntary act” if the actor was aware of his physical possession or control thereof for a sufficient period to have been able to have terminated it."

Not surprisingly, there is no clear answer in that definition. These cases are highly fact-specific and can go either way depending on where the gun is located and who can access it. Long story short, it's a significant risk being anywhere near a firearm after receiving a felony conviction.



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