Walking through the El Paso County Judicial Building in downtown Colorado Springs can feel overwhelming if you are facing a felony weapons charge. One of the most serious firearm-related offenses in our state is known as POWPO. If you have a prior felony on your record, simply holding a hunting rifle or keeping a handgun in your bedside table could lead to a new set of criminal charges. Understanding POWPO charges in Colorado is the first step toward protecting your future and staying out of the Department of Corrections.

What Does POWPO Stand For?

POWPO is an acronym for Possession of a Weapon by a Previous Offender. This charge is governed by Colorado Revised Statute § 18-12-108. The law is straightforward but strict; it prohibits anyone previously convicted of a felony from possessing, using, or carrying a firearm or other specific weapons.

This law applies regardless of how long ago your prior conviction occurred. Even if you finished your probation a decade ago in another state, Colorado law still restricts your right to own a firearm. The state’s goal is to prevent individuals with a history of serious crimes from having access to weapons that could cause further harm.

Who Qualifies as a Previous Offender?

Under C.R.S. § 18-12-108, you are considered a previous offender if you have been convicted of a felony under Colorado law, the laws of any other state, or federal law. This also includes individuals who were adjudicated as juveniles for acts that would be considered a felony if committed by an adult.

It does not matter if the prior felony was non-violent. While many people assume these rules only apply to those with violent histories, a conviction for a high-level drug offense or a white-collar crime still triggers the firearm prohibition. If the court entered a judgment of conviction against you for a felony, the restriction is active.

Defining Possession Under Colorado Law

In Colorado Springs, prosecutors often rely on two different types of possession to bring these charges: actual and constructive. Actual possession means the weapon was physically on your person. This might include a gun in your pocket or tucked into a waistband during a traffic stop on Academy Boulevard.

Constructive possession is broader. It means that while the weapon was not on your body, you had knowledge of it and the power to exercise control over it. For example, if a firearm is found in a glove box of a car you are driving or in a shared bedroom, the District Attorney may argue you were in constructive possession. This is often where legal battles occur; we must determine if you truly knew the weapon was there or if it belonged entirely to someone else.

What Qualifies as a Weapon?

The term weapon under the POWPO statute primarily refers to firearms. This includes any handgun, revolver, rifle, or shotgun. According to the Colorado Bureau of Investigation, a firearm is defined as any weapon that can, is designed to, or may readily be converted to expel a projectile by the action of an explosive.

It is a common misconception that all antique firearms are prohibited under this specific state statute. Colorado law generally excludes antique firearms manufactured in or before 1898 from the definition of a firearm. However, the law still covers other dangerous instruments like ballistic knives or silencers. We see cases where individuals thought they were safe buying a specific type of weapon for self-defense, only to find themselves facing a class 6 or class 5 felony.

Common Defenses Against POWPO Charges

Facing these charges does not mean a conviction is guaranteed. There are several legal avenues we explore when defending these cases. One common defense involves challenging the legality of the search. If the Colorado Springs Police Department or the El Paso County Sheriff’s Office found the weapon during an illegal stop or without a valid warrant, that evidence might be suppressed.

Another defense is lack of knowledge. In cases of constructive possession, the prosecutor must prove you knew the gun was there. If a roommate or family member kept a firearm in a common area without your knowledge, we work to demonstrate that you never intended to possess the item.

Finally, we look at the prior conviction itself. We must ensure the previous offense actually qualifies as a felony that triggers the POWPO statute. If there was an error in your record or if the charge was successfully reduced to a misdemeanor in the past, the POWPO charge may not hold up in court.

How We Support Your Defense

At The Lux Law Firm, we believe that everyone deserves a fair shot at justice, regardless of their past. We know that many people caught up in POWPO charges are not trying to commit new crimes; they may be unaware of the specific reach of Colorado’s firearm laws or were simply in the wrong place at the wrong time. We take the time to investigate every detail of your arrest, from the moment the police made contact to the filing of formal charges.

Our team is dedicated to providing clear communication and a strong defense for residents in Colorado Springs and the surrounding areas. We focus on dismantling the prosecution’s case by questioning the evidence and advocating for your rights at every hearing. If you are worried about your freedom, we are here to provide the guidance you need.

If you or a loved one is facing charges for possession of a weapon by a previous offender, do not wait to seek legal help. We offer free case evaluations to help you understand your options and the best path forward. Contact us today at 719-451-7469 to discuss your situation with us.