O'Malley Law Office, P.C. Free Initial Consultation
South Denver: 303-731-0719
North Denver: 303-916-9006
Toll free: 866-365-9351

Blog

Prohibited Use of Weapons vs. Illegal Discharge of a Firearm

The question often arises whether Colorado's Prohibited Use of Weapons, C.R.S. 18-12-106, or Illegal Discharge of a Firearm, C.R.S. 18-12-107.5, is worse and which applies to particular facts in Denver, Douglas or Arapahoe County. Any inquiry into this question should first examine what type weapon or firearm is regulated by each crime. Prohibited Use of Weapons, "PUW", is a misdemeanor and applies to guns, bow and arrows, throwing stars or nunchaku (a/k/a numbchucks). Illegal Discharge of a Firearm is a felony and applies to firearms (guns).

People sometime ask whether a BB gun is a firearm since there is not explosion of gunpowder and since there is a smaller projectile. The danger of a BB is much less than a bullet. "Firearm" is defined at C.R.S. 18-1-901(h), and includes guns, handguns, revolver, rifle, shotgun or any other instrument capable of discharging bullets, cartridges or other explosive charges. So, BB gun seems to be included in the definition of firearm.

Prohibited Use of Weapons in Adams or Jefferson County makes it illegal to aim a firearm at another person, recklessly discharge a firearm, shoot a bow and arrow, set a loaded gun trap, have possession of a firearm when under the influence of alcohol or drugs, throw a "throwing star," swing a nunchaku, or possess a throwing star or nunchaku in a public place. Possession of brass knuckles (metallic knuckles) is illegal under a separate statute, C.R.S. 18-12-102, and is a class 1 misdemeanor.

Illegal Discharge of a Firearm in Broomfield, Boulder and Larimer County is more serious with its felony status, and this crime occurs when someone knowingly or recklessly shoots a gun into a dwelling (house), occupied structure or motor vehicle. Although it seems this crime is designed to prohibit drive by shootings, we generally see this crime occur when someone accidently shoots their gun in their house or apartment, and the bullet travels into a neighbor's house or apartment - hence the word "recklessly."

Whatever the charge, if police contact you concerning Prohibited Use of Weapons or Illegal Discharge of a Firearm (shooting a gun), be smart, exercise your right to remain silent, and call the experienced criminal defense lawyers at the O'Malley Law Office, P.C., at 303-731-0719. Together, we can protect your future.

No Comments

Leave a comment
Comment Information
Facing Charges? Get Help Now!

GET HELP NOW!

Tell us about your case and one of our experienced attorneys will get back to you promptly.

Bold labels are required.

Contact Information
disclaimer.

The use of the Internet or this form for communication with the firm or any individual member of the firm does not establish an attorney-client relationship. Confidential or time-sensitive information should not be sent through this form.

close

Privacy Policy

Case Results:

  • Sexual Assault and Rape charges related to divorce. Acquittal from jury trial. Weld County, Greeley, Colorado.
  • Sexual Assault on a Child, Possession of Child Pornography. Acquittal from jury trial. Jefferson County, Golden, Colorado.
  • Arson of Nursing Home. Dismissed by Court on Defendant's Motion to Dismiss. Jefferson County, Golden, Colorado.
  • Felony Drug Distribution. Acquittal from jury trial. Boulder County, Boulder, Colorado.
  • Rape and Sexual Assault charges involving divorce and child custody. Acquittal from jury trial. Douglas County, Castle Rock, Colorado.
  • Burglary and Felony Theft. Dismissed by District Attorney. Arapahoe County, Englewood, Colorado.
  • Theft of Drugs by Nurse. Dismissed by District Attorney. Jefferson County, Golden, Colorado.
  • Sexual Assault on a Child, Position of Trust. Acquittal from Jury Trial. Adams County, Brighton, Colorado.
  • Domestic Violence. Dismissed by District Attorney. Douglas County, Castle Rock, Colorado.
  • Violation of Restraining Order. Dismissed by District Attorney. Douglas County, Castle Rock.

24 hour emergency service Same-day jail visits Free initial consultation Reasonable fees Flexible payment plans

Call Toll free: 866-365-9351 South Denver: 303-731-0719 North Denver: 303-916-9006 Email us

FindLaw Network

Privacy Policy | Business Development Solutions by FindLaw, a Thomson Reuters business.