Prohibited use of weapons in Colorado Springs and throughout El Paso County is a crime that stems from specific behaviors with a firearm. Aiming one at someone, discharging it in certain ways, or possessing a gun while drinking alcohol are all common ways defendants come across prohibited weapon use charges. When alcohol is involved, it isn’t even necessary that you intended to use the firearm in some way. This can create a difficult scenario where simply having your gun on you in your backyard while having a few beers may be considered unlawful.
El Paso County Prohibited Use of Weapons Law
El Paso County’s prohibited use of weapons law makes many different acts with a firearm unlawful. CRS 18-12-106 addresses prohibited use of weapons throughout Colorado Springs, Monument, and Falcon. Law enforcement will purse charges if they believe you:
- knowingly and unlawfully aimed a firearm at someone,
- shot a gun or bow and arrow recklessly or with criminal negligence,
- knowingly set a loaded gun, trap, or explosive and left it unattended by an appropriate person,
- had a firearm in your possession while under the influence of alcohol or a controlled substance,
- or knowingly aimed, swung, or threw a throwing star or nunchaku at someone
It is important to note that possessing a firearm requires the person to have actual or physical control of the gun.
How Serious is Prohibited Use of Weapons in Colorado Springs?
Each prohibited weapon use case is unique. Penalties for a conviction won’t always be the same. As a class 1 misdemeanor, defendants in Colorado Springs, Manitou, and Security-Widefield face:
- a county jail sentence of up to 12 months,
- fines of up to $1,000
However, a second charge of this nature within five years escalates the case to a class 5 felony. Those facing allegations of this magnitude are looking at up to 3 years in prison and fines of $1K – $100K.
Colorado Springs Attorney for Weapons Charges
If you’re being accused of prohibited use of a weapon in El Paso County, it is important that you exercise caution. Don’t provide statements to the police prior to speaking with an experienced criminal defense attorney. Perhaps you weren’t acting knowingly or recklessly, you didn’t know the firearm was loaded, or you didn’t have physical control of the weapon itself. Nevertheless, contact our office for a free, confidential consultation. We will carefully look over your case, answer your questions, and outline next steps in your defense. Our affordable fees and flexible payment plans allow defendants access to superb representation focused on the best possible outcome.
Don’t talk to the police about weapons charges – talk to us. 303-731-0719
Photo by Enrico Hanel