Prohibited Use of Weapons

Prohibited Use of Weapons in Denver

Weapons play a beneficial role in society, providing self-defense and security (see our firearms rights page), and are used for sporting purposes. However, they can be an unnecessary danger to others if not used with care. Because of this potential danger, the government has established rules and regulations concerning the use of weapons. At the O'Malley Law Office, P.C., we firmly believe in the Second Amendment, constitutional right to bear arms, and we fight to defend this right. If we don't fight to defend this right, it will be taken away.

Limitations on Weapon Use:

• Knowingly and unlawfully aiming a firearm at another person

• Recklessly or with criminal negligence discharging a firearm or shooting a bow and arrow

• Knowingly setting a loaded gun trap and leaving it unattended by a competent person immediately present

• Knowingly aiming, swinging or throwing star or nunchaku

• Having in your possession a firearm while under the influence of intoxicating liquor or a controlled substance

(C.R.S. 18-12-106)

The most common of these situations is when a person has been consuming alcohol and possesses a firearm in Denver, Adams, Arapahoe, Douglas or Jefferson counties. It is not necessary that the gun be fired. Simple access to the firearm is sufficient. If someone who has been drinking physically handles a firearm, he or she will be charged with this Class 2 misdemeanor. We have not seen this charge when a gun is locked up or when it is in a room separate from that where the alcohol is being consumed. A common point of contention with the government is at what point a person has a firearm "in his or her possession."

A violation of these limitations is punishable by a Class 2 misdemeanor—potentially involving jail time from three to 12 months. In addition, the government frequently adds the charge of reckless endangerment to the Colorado charge of prohibited use of weapons. With the exception of alcohol use, note that the "use" of weapons is what triggers this charge. Merely possessing weapons is not the problem.

Related Felony Firearms Violation in Colorado: Illegal Discharge of a Firearm

In the event of a weapons discharge within a house (even accidental), the defendant can be charged with a Class 5 felony. C.R.S. 18-12-107.5, illegal discharge of a firearm. A discharge within a house could even be defined loosely as accidentally shooting someone's house and having the projectile wedge in a roof shingle. Know your rights concerning weapons use and exercise great care.

If you or someone you love has been charged with Prohibited Use of Weapons, be smart, exercise your right to remain silent and call us at 303-731-0719. Together, we can protect your freedom and Second Amendment rights.

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