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Photo of Attorneys at Sawyer Legal Group, LLC

Charged With A Crime? It Doesn’t Mean You’re Guilty.

Prohibited Use of a Weapon Lawyer in Arapahoe County and Denver – Guns and Alcohol Are a Problem

On Behalf of | Aug 18, 2016 | Prohibited Use of Weapons |


Drinking and Prohibited Use of a Weapons Attorney in Denver

With the advent of CCW concealed carry laws, has come a rise in charges for Prohibited Use of a Weapon in Denver. Why? Because firearms and guns are with men and women 24/7. That is the idea, right? Keep a pistol on your waistband or in your purse, in case trouble arises. Naturally, the gun becomes a part of your everyday existence, and at some point you forget you have it with you. I’ve seen people accidently carry their gun into the airport and through security, where it is found. Another common issue is people taking their guns into bars. While that is not legally a problem, once they start drinking, they move toward a prohibited area. Quickly, they cross the line from legal to illegal.

Drinking and Guns – What is the Limit for Prohibited Use of a Weapon in Jefferson and Adams County?

The statute for the charge of Prohibited Use of a Weapon in Adams County and Jefferson County, is just a little bit gray. But, it is a line. Here is what the statute, located at C.R.S. 18-12-106, says is a violation of the law: to be “under the influence of alcohol” and have a firearm in your possession.” Regrettably, the law does not define what it means to be under the influence of alcohol, but our defense attorneys have argued that it is the same as driving under the influece. That involves a substantial effect on your ability to safely operate a motor vehicle. So, we translate the definition to mean drinking to the point you are substantially incapable of safely operating or possessing a gun or firearm.

Prohibited Use of a Weapon Charges in Douglas County and Denver County for Drinking at Home?

The question arises whether you need to clear out the guns from your home in order to drink and avoid charges of Prohibited Use of a Weapon. Well, the law does not say that. So, the issue becomes what does it mean to “possess” a firearm while drinking? Should you take your handguns, pistols, rifles and shotguns out of the home? No, the idea is that you not touch, control, or have them under your immediate influence. In practical terms, if you keep them put away in their normal place of rest, you should be fine. A gun safe is fine, but not necessary. Even keeping your handgun in a drawer would probably be ok, as long as the drawer remains closed. This law relies on a bit of common sense, since we can’t define every act of possession.  Read about DUI and Prohibited Use of Weapons Charges.

DUI and Prohibited Use of a Weapon Lawyers in Castle Rock, Parker and Lone Tree

DUI and Prohibited Use of a Weapon Charges often go hand in hand.  This occurs because alcohol use and a DUI necessarily occur together.  With DUI arrests, police search the car before an impound and may find a gun.  If they do, there is a common argument that the driver had the gun in his possession (see above on “possession”).  Our attorneys defend charges made against our clients for DUI and Prohibited Use of a Weapon in Douglas County, Lone Tree, Parker and Castle Rock. The Douglas County Sheriff’s Department frequently overcharges men and women all types of charges. But, when guns are involved, they go into panic mode and trash the Constitution. When this occurs, you need someone capable of seeing the big picture and conveying that to a jury of your peers. Don’t hire a divorce lawyer to defend your 2nd Amendment rights. They are too precious for anyone but a full-time criminal defense lawyer to protect.

Our defense attorneys fight police overcharging of Prohibited Use of a Weapon and DUI in Denver and across Colorado. Never give a statement to police. Instead, call us at 303-731-0719 today. Together, we can protect your future.

Image Credit: – Boaz Yiftach