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Prohibited Use of Weapons, C.R.S. 18-12-106

How easy is it to get charged with Prohibited Use of Weapons, C.R.S. 18-12-106, in Douglas or Arapahoe County? If you talk with our clients, you'll learn it is shockingly easy. One man was target practicing on his personal property in a rural area and was put in handcuffs. Or you can speak with another client that tried to scare a bear away from his campsite by shooting into the ground, and was arrested in Jefferson County for Prohibited Use of Weapons.

Many laws are written with the deliberate assumption that they will be applied with common sense. Cases are often decided in light of what a "reasonable and prudent" person might do. But police, who are given the responsibility of making arrest decisions, are often worried about possible threats to their career. Police and deputies are taught that when in doubt, the safest bet is to make the arrest. They are worried that someone may later say they let a man with a gun off easy. Or someone might criticize them for not making the arrest. What if animal rights protesters claim that the bear was endangered? Only if the bear attacked someone, would law enforcement feel safe not making an arrest.

In real life, we cannot know how things will turn out. We do not know how a wild animal may react until it is too late. We need law enforcement officers who are strong enough to make decisions regardless of possible criticism. But, we don't have this and good people in Denver, Adams, and Weld County, find themselves arrested for Prohibited Use of Weapons, because they were target practicing or protecting themselves from a wild animal.

The Second Amendment to the United States Constitution and the Colorado Constitution both secure the right of citizens to bear arms. In today's world is there is a growing sentiment that people that carry firearms must be doing something wrong - that they are dangerous. This sentiment has worked its way through our legal system. Consequently, prosecutors with the responsibility of deciding when to file charges will do so simply because they think they can make a conviction stick based on fear rather than the law.

At the O'Malley Law Office, P.C., our experienced lawyers are dedicated to defending our clients from overly zealous prosecutors, and to protecting the rights of Colorado citizens. We believe in the Constitution and the public's right to bear arms. So if you or someone you know is being accused of Prohibited use of Weapons, be smart, exercise your right to remain silent, and call us at 303-731-0719. Together we can protect your future.

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