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Prohibited Use of Weapons VS Illegal Discharge of a Firearm in Colorado

| Nov 26, 2018 | Prohibited Use of Weapons |

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Douglas County Questions About Prohibited Use of Weapons

The question often arises whether Colorado’s Prohibited Use of Weapons, C.R.S. 18-12-106, or Illegal Discharge of a Firearm, C.R.S. 18-12-107.5, is worse and which applies to particular facts in Denver, Douglas or Arapahoe County. Any inquiry into this question should first examine what type weapon or firearm is regulated by each crime. Prohibited Use of Weapons, “PUW”, is a misdemeanor and applies to guns, bow and arrows, throwing stars or nunchaku (a/k/a numbchucks). Illegal Discharge of a Firearm is a felony and applies to firearms (guns).

What is Considered a Firearm in Arapahoe County?

People sometime ask whether a BB gun is a firearm since there is not explosion of gunpowder and since there is a smaller projectile. The danger of a BB is much less than a bullet. “Firearm” is defined at C.R.S. 18-1-901(h), and includes guns, handguns, revolver, rifle, shotgun or any other instrument capable of discharging bullets, cartridges or other explosive charges. So, BB gun seems to be included in the definition of firearm in Arapahoe County.

What is Prohibited Use of Weapons in Adams County?

Prohibited Use of Weapons in Adams or Jefferson County makes it illegal to aim a firearm at another person, recklessly discharge a firearm, shoot a bow and arrow, set a loaded gun trap, have possession of a firearm when under the influence of alcohol or drugs, throw a “throwing star,” swing a nunchaku, or possess a throwing star or nunchaku in a public place. Possession of brass knuckles (metallic knuckles) is illegal under a separate statute, C.R.S. 18-12-102, and is a class 1 misdemeanor.

What is Illegal Discharge of a Firearm in Boulder County?

Illegal Discharge of a Firearm in Broomfield, Boulder and Larimer County is more serious with its felony status, and this crime occurs when someone knowingly or recklessly shoots a gun into a dwelling (house), occupied structure or motor vehicle. Although it seems this crime is designed to prohibit drive by shootings, we generally see this crime occur when someone accidently shoots their gun in their house or apartment, and the bullet travels into a neighbor’s house or apartment – hence the word “recklessly.”

Denver Defense Lawyer for Prohibited Use of Weapons Charges

Whatever the charge, if police contact you concerning Prohibited Use of Weapons or Illegal Discharge of a Firearm (shooting a gun), be smart, exercise your right to remain silent, and call the experienced Denver criminal defense lawyers at O’Malley and Sawyer, LLC, at 303-731-0719. Together, we can protect your future.

Read more about Prohibited Use of Weapons in Denver, Colorado.