Unlawfully carrying a concealed weapon in Colorado

What the charge means

Prosecutors must prove that you knowingly and unlawfully carried a firearm or a covered knife concealed on or about your person. Each piece matters:

• Concealed means hidden from ordinary observation, such as a gun under a jacket, in a waistband, or in a bag you are carrying.
• On or about your person means on your body or close enough to reach easily.
• Covered knife generally means a blade longer than three and a half inches, with an exception for hunting and fishing knives carried for sports use.

The statute then carves out exceptions. It is not a crime to carry concealed:

• In your own home, your own place of business, or on property you control.
• In a private automobile or other private means of conveyance, for lawful protection of yourself or others while traveling. This is why keeping a handgun in your car is generally legal in Colorado.
• With a valid concealed handgun permit, meaning a Colorado permit or one Colorado recognizes.
• As a peace officer or certain federal officers acting under their authority.

Common scenarios include a traffic stop where a gun is found in a backpack or on a passenger, a bar patdown, and a lapsed or out-of-state permit the carrier believed was valid. Whether the weapon was truly concealed, and whether an exception applies, are the usual battlegrounds.

Classification and sentencing

Unlawfully carrying a concealed weapon is a class 1 misdemeanor. Under C.R.S. 18-1.3-501, as revised by Senate Bill 21-271, that carries up to 364 days in jail, a fine of up to $1,000, or both. Those numbers describe the ceiling if the court imposes jail at all. Nothing in the statute requires jail, and probation, fines, or other sentences are common outcomes, especially for a first offense.

The main enhancer is repetition. Under C.R.S. 18-12-107, a second conviction under this same statute within five years of the first is a class 5 felony, which carries possible prison time. Separate statutes also criminalize carrying in specific places, such as school grounds and certain government locations, regardless of permit status, and those carry their own penalties.

What else it touches

A concealed carry conviction has consequences beyond the sentence:

• Permits. A weapons conviction can lead a sheriff to deny or revoke a concealed handgun permit.
• Immigration. Federal law makes a noncitizen deportable for a firearm offense conviction, even a misdemeanor.
• Record sealing. A class 1 misdemeanor conviction is generally eligible for sealing after a waiting period, usually three years from the end of the case or sentence, if other requirements are met. Dismissals and acquittals can usually be sealed right away.
• Repeat exposure. Because a second conviction under the same statute within five years becomes a felony, resolving the first case well matters more than it may seem.

We defend concealed carry charges across Colorado. A consultation is the right place to get answers about your specific situation, including whether an exception fits your facts and how the search that found the weapon holds up.