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Photo Of Kyle B. Sawyer

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

Prohibited Use of Weapons Lawyer in Jefferson County, Colorado

On Behalf of | Feb 9, 2018 | Prohibited Use of Weapons |


Attorney for Prohibited Use of Weapons in Arapahoe County, Colorado, C.R.S. 18-12-106

Gun accidents in the home usually result in a call to police by neighbors or by well-intentioned citizens calling to let police know everything is ok. The discharge or firing of a handgun in a house or apartment is considered high-risk for injury, so people are charged with misdemeanor Prohibited Use of Weapons.

Common Ways Police Charge Prohibited Use of Weapons in Douglas County, Colorado

The most common ways that police charge Prohibited Use of Weapons results from the use of alcohol with a gun present, and the accidental discharge of a firearm in a residence. Defenses can include the presence of a gun and alcohol, but not possession of the gun. Accidental gun discharge can be defended by arguing that the definition of criminal negligence was not met. Information on Prohibited Use of Weapons in Castle Rock.

Adams County: List of Prohibited Use of Weapons Causes

In addition to the two ways above, you can also be charged with Prohibited Use of Weapons if you:

  • Recklessly or with criminal negligence shoot a bow and arrow
  • Knowingly aiming, swinging or throwing star or nunchaku
  • Possess a firearm while under the influence of a controlled substance
  • Knowingly set a loaded gun trap and then leave it unattended
  • Knowingly and unlawfully pointing a firearm at another person (self defense is an available defense, of course.

Prohibited Use of Weapons – Lawyer’s Class of Crime in Jefferson County, Colorado Courts

If an officer decides he has probable cause, you will face Prohibited Use of Weapons, C.R.S. 18-12-106. Most of the time, we don’t see an arrest, but a summons to appear in the Jefferson County Court. Generally, this is a class 2 misdemeanor, with a possible sentence in the Jefferson County Jail, for up to a year. It is also likely that you can get probation if you don’t have much of a prior record, and people were not seriously endangered.

Prohibited Use of a Weapon While Under the Influence of Alcohol in Denver

It is a crime to possess a firearm if you are intoxicated, C.R.S. 18-12-106 (d). Possession can be difficult to prove, because simply having a gun in your house or car means it is available – not necessarily in possession. Otherwise, everyone who has a gun in their house will have “possessed” it. Another common question is whether having a drink or two places you “under the influence” of alcohol. The definitions of DUI statutes are not meant to be used for this crime. So, it is open to debate at what point you become under the influence.

If police come to your house, remain silent. Don’t talk about what you’ve drank or where any guns are. Be smart and call Denver’s criminal defense attorneys at 303-731-0719. Together, we can protect your future.