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Details of the explosives and firearms used by the alleged perpetrators have not been confirmed by law
enforcement authorities. The crime scene is still being examined and cleared. It is unknown how the alleged
perpetrators came into possession of the explosives and firearms they used.
The alleged perpetrators, obviously, committed multiple counts of murder and attempted murder, the most
serious crimes of all. And they committed many violations of laws against destruction of property, such as in the
school building and the cars in the parking lot outside. All told, the prison sentences possible for these multiple,
serious violations amount to many hundreds of years.
Additionally, in the course of planning and committing these crimes, the alleged perpetrators committed
numerous violations of very serious federal and state laws relating to explosives and firearms, and, depending on
details not yet known, may have committed other such violations. Cumulatively, the prison sentences possible for
these violations alone amount to many hundreds of years. A partial list of those violations follows:
- Possession of a "destructive device" (i.e., bomb). (Multiple counts.) Prohibited under 26 U.S.C. Chapter 53. Each
violation is punishable by 10 years in prison and a $10,000 fine.
Other explosives violations are under 18
U.S.C. 842.
Colorado law [ 18-12-109(2)] prohibits the possession of an "explosive or incendiary device." Each violation is
a Class 4 felony. Colorado [18-12-109(6)] also prohibits possession of "explosive or incendiary parts," defined to
include, individually, a substantial variety of components used to make explosive or incendiary devices. Each
violation is a Class 4 felony.
- Manufacturing a "destructive device" (i.e., bomb). (Multiple counts.) Prohibited under 26 U.S.C. Chapter 53. Each
violation is punishable by 10 years in prison and a $10,000 fine.
- Use of an explosive or incendiary device in the commission of a felony. Prohibited under Colorado law [
18-12-109(4)). A class 2 felony.
- Setting a device designed to cause an explosion upon being triggered. Violation of Colorado law. (Citation
uncertain)
- Use of a firearm or "destructive device" (i.e., bomb) to commit a murder that is prosecutable in a federal court.
Enhanced penalty under 18 U.S.C. 924(i). Punishable by death or up to life in prison. A federal nexus is through 18
U.S.C. 922(q), prohibiting the discharge of a firearm, on school property, with reckless disregard for the safety of
another person.
- Possession of a firearm or "destructive device" (i.e., bomb) in furtherance of a crime of violence that is
prosecutable in a federal court. Enhanced penalty under 18 U.S.C. 924(c). Penalty is 10 years if a firearm; 30 years if a
"destructive device" (bomb, etc.). Convictions subsequent to the first receive 20 years or, if the weapon is a bomb, life
imprisonment. Again, a federal nexus is through 18 U.S.C. 922(q), prohibiting the discharge of a firearm, on school
property, with reckless disregard for the safety of another person.
- Brandishing a firearm or "destructive device" (i.e., bomb) in furtherance of a crime of violence
that may be prosecuted in a federal court. Enhanced penalty under 18 U.S.C. 924(c). Penalty is 15
years if a firearm; 30 years if a "destructive device" (bomb, etc.). Convictions subsequent to the first
receive 25 years or, if the weapon is a bomb, life imprisonment. Again, a federal nexus is through 18
U.S.C. 922(q), prohibiting the discharge of a firearm, on school property, with reckless disregard for the
safety of another person.
- Discharging a firearm or "destructive device" (i.e., bomb) in furtherance of a crime of violence
that may be prosecuted in a federal court. Enhanced penalty under 18 U.S.C. 924(c). Penalty is 20
years if a firearm; 30 years if a "destructive device" (bomb, etc.). Convictions subsequent to the first
receive 30 years or, if the weapon is a bomb, life imprisonment. Again, a federal nexus is through 18
U.S.C. 922(q), prohibiting the discharge of a firearm, on school property, with reckless disregard for the
safety of another person.
- Conspiracy to commit a crime of violence prosecutable in federal court. Enhanced penalty under
18 U.S.C. 924(n). Penalty is 20 years if the weapon is a firearm, life imprisonment if the weapon is a
bomb. Again, a federal nexus is through 18 U.S.C. 922(q), prohibiting the discharge of a firearm, on
school property, with reckless disregard for the safety of another person.
- Possession of a short-barreled shotgun or rifle. Some news accounts have suggested that the
alleged perpetrators may have possessed a "sawed-off' shotgun or "sawed-off' rifle. (A shotgun or rifle
less than 26" in overall length, or a shotgun with a barrel of less than 18", or a rifle with a barrel of less
than 16".) A spokesman for the Jefferson County Sheriff s Office reported, possibly, at least one long gun
with the stock cut off. Prohibited under 26 U.S.C. Chapter 53. A violation is punishable by 10 years in
prison and a $10,000 fine.
Colorado law [ 18-12-102(3)] prohibits possession of a "dangerous weapon" (defined to include
sawed-off guns). First violation is a Class 5 felony; subsequent violations are Class 4 felonies.
- Manufacturing a "sawed-off' shotgun or "sawed-off' rifle. Prohibited under 26 U.S.C. Chapter
53. Each violation is punishable by 10 years in prison and a $10,000 fine.
- Possession of a handgun or handgun ammunition by a person under age 18: Some news
accounts report one alleged perpetrator as being 17 years of age. It is yet unclear what firearms were
-involved in the crime. A person under age 18 is prohibited from possessing a handgun or handgun
ammunition, except for legitimate target shooting, hunting, and firearms training activities, and similar
legitimate reasons. [ 18 U. S.C. 922(x), part of the 1994 crime bill.] A violation is punishable by one year
in prison.
- Providing a handgun or handgun ammunition to a person under age 18. Prohibited under the
same provision noted in #4, above. Penalty of one year, unless the provider knew the gun would be used
in a crime of violence, in which case the penalty is 10 years.
- Age restrictions on purchasing firearms. Again, the age of the second suspect and how the alleged
perpetrators came into possession of firearms are unclear. However, licensed dealers may sell rifles and
shotguns only to persons age 18 or over, and handguns to persons age 21 or over. [18 U.S.C. 922(b)(1)]
- Possession of a firearm on school property. Prohibited under 18 U.S.C. 922(q). Five year penalty. Colorado also
prohibits a gun on school property. (Citation uncertain.)
- Discharge of a firearm on school property, with a reckless
disregard for another's safety. Prohibited under 18 U.S.C. 922q. Five year penalty.
- Possession, interstate transportation, sale, etc., of a stolen firearm. Prohibited under 18 U.S.C. 922(i) and (j)
.
A violation is punishable by 10 years.
- Intentionally aiming a firearm at another person. Violation of Colorado law.
- Displaying a firearm in a public place in a manner calculated to alarm, or discharging a firearm in a public place
except on a lawful target practice or hunting place. Violation of Colorado law.
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