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Prohibited Use of Weapons - Is Possible Harm a Crime?

prohibited-use-weapon-harm.jpgHave you ever drunk a beer while hunting with a gun? Have you ever been armed inside your home when you have been under the influence of alcohol? If you can answer yes to either of these questions, then it is likely you could have been charged with Prohibited Use of Weapons (C.R.S. 18-12-106). This crime is written overly broad and unnecessarily exposes many good people to criminal charges.

A Common Scenario for Weapons' Charges

Imagine that you are in Jefferson, Adams, or El Paso County drinking with friends at a downtown bar. It is a dangerous part of town, so you utilize your concealed carry license and have your firearm on your hip, under your shirt. You have a couple of beers and decide to drive home. On your way home, you are stopped on suspicion of Driving Under the Influence (DUI) in Denver. You are the only one in the car and your unloaded gun is next to you in the passenger seat. The next thing you know, the police officer is arresting you for being drunk with a gun and driving under the influence.

Should Possible Harm to Another be a Crime?

This is an example of the law criminalizing an act which has the possibility to harm someone, and not because the act actually harmed someone. If you are facing charges for Theft (C.R.S. 18-4-401) in Boulder County, Violation of a Protection Order (C.R.S. 18-6-803.5) in Broomfield County, or Assault (C.R.S. 18-3-204) in Aurora, there is probably another person claiming to be harmed by your actions. However, when someone is arrested or receives a summons for Prohibited Use of Weapons in Colorado, there is typically no other person who has been harmed. To me, the government is simply overreaching and attempting to criminalize everything. You should have the right of Self Defense with a firearm whether you are intoxicated or not. Do we, as a society, want to send a message that if you drink alcohol or smoke pot, you are not allowed to defend yourself anymore? I surely hope not.

Prohibited Use of Weapons is a serious offense which requires the aid of a criminal defense lawyer. Our attorneys know how to fight against the government. So, if you or a loved one have been charged with Prohibited Use of Weapons, be smart, exercise your right to remain silent and call us today at 303-731-0719. Together, we can protect your future.

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