Prohibited Use of Weapons is a crime in Douglas, Denver and Arapahoe County. If facing charges, you should know what Prohibited Use of Weapons means and what it does not mean. This charge can be filed against you for being drunk with a gun, pointing a gun at another person, recklessly discharging a gun or bow and arrow, setting a trap, or using some specific martial arts style weapons in a public place. These are all of the criminal acts according to the Colorado State Statute C.R.S. 18-12-106.
Alcohol with Guns is Most Frequently Charged
Most commonly, people are charged with Prohibited Use of a Weapon in Jefferson, El Paso, and Adams County when they possess a firearm while being under the influence of alcohol. Does it matter whether you are cleaning the gun or whether it is unloaded? Not according to the statute. Does it matter whether you are in your home or in a public place when you possess a pistol with your concealed carry permit? Not to the police. I have had cases where my client is charged with Prohibited Use of Weapons when they have a gun in their car and are arrested for a DUI, C.R.S. 42-4-1301, in Aurora, Littleton, and Castle Rock.
Prohibited Use of Weapons covers all the potential crimes listed above. The government has gone so far to limit your use of a weapon while under the influence of alcohol that they will charge you with violating the law even if you are using the gun in self-defense. While the case law on the use of a weapon while you are under the influence of alcohol is not favorable, there is certainly an argument that one can always defend themselves. Thus, if you are charged, you will need to find a criminal defense attorney who practices gun rights law.
Potential Punishments for Prohibited Use of Weapons Charge
Prohibited Use of Weapons in Boulder, Gilpin, and Broomfield County is a class 2 misdemeanor which is punishable by up to 1 year in jail and a $1,000.00 fine. But, the consequences for a second offense under this section increase to a class 5 felony.
Prohibited Use of Weapons is a severe crime that requires the aid of a serious criminal defense lawyer. The attorneys at the O'Malley Law Office will fight to preserve your ability to own and use guns and combat the government's push to take away your 2nd Amendment rights. 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.