Photo Of Kyle B. Sawyer
Photo Of Kyle B. Sawyer

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

Prohibited Use of Weapons, C.R.S. 18-12-106 – A Strong Criminal Defense is Needed in Colorado

On Behalf of | Feb 20, 2017 | Prohibited Use of Weapons |

Lawyer-Prohibited-Use-Weapo.jpgHow Can a Person Get Charged with Prohibited Use of Weapons In Arapahoe County?

There are several ways a person can get into trouble for Prohibited Use of Weapons in Aurora, Colorado and find oneself in front of an Arapahoe County judge. Some parts of this statute are more commonly seen than others, but there are essentially five different ways to get charged with this crime anywhere in Colorado. They are; aiming a firearm at another person, discharging a firearm or arrow recklessly or with criminal negligence, setting an explosive trap and leaving it unattended, being in possession of a firearm while under the influence of alcohol or controlled substance, or the illegal use of throwing stars and nunchakus. Although the illegal use of throwing stars and nunchaku is the least common way to get charged with Prohibited use of Weapons, you should know that this statute also deals with the proper transportation of these weapons.

Under the Influence of Liquor and in Possession of a Firearm in Douglas County

Being under the influence of alcohol has some well defined parameters when it comes to driving. However, things are not as clear when it comes to handling firearms. The statute simple says you cannot be under the influence while in possession of a firearm and under the influence can be subjective. You should not expect the Castle Rock police or a Douglas County Sheriff deputy to do a lot of investigation if they smell alcohol on your breath while you are in possession of a firearm. You should also not expect them to be persuaded by talking your way out of a citation. It is more likely that your efforts will put you in handcuffs than it will get you out of trouble. Instead of talking to the police we recommend talking to us.

Under the Influence of a Controlled Substance and in Possession of a Firearm in Jefferson County

It is not as easy for a Morrison, Colorado cop to readily detect most controlled substances after they are ingested. The big exception is marijuana. Like the use of alcohol, if a Jefferson County Sheriff deputy smells pot and sees you with a firearm, you will most likely be charged with the class 2 misdemeanor, Prohibited Use of Weapons. If the subject under investigation is not acting normal and it is not apparent why, police may investigate further to determine if another controlled substance is being used. The list of prohibited substances while using a firearm is fairly long, so unless it is something less potent than an aspirin, we recommend that you do not use it before heading out to shoot.

Accidental Discharge of a Firearm in Adams County Can Lead to Big Problems

Another common way we see people charged with Prohibited Use of Weapons in Adams County is when a firearm is accidentally discharged. This can happen while cleaning or simple preparing a gun for transportation or inspection. We have seen very experienced gun handlers in Brighton, Colorado cited when an accidental discharge happens. If this happens to you, don’t panic, call the Criminal Defense experts at the O’Malley Law Office, P.C. Remember to remain silent and be respectful to law enforcement authorities then call us at 303-731-0719. Together we can protect your future.

Image Credit: Pixabay – Skitterphoto