Anyone who has had to drop a kid off at school knows how aggravating the traffic can be. Spending long minutes waiting to get a parking spot or move forward in the line to drop the child off in front of the school can make tensions rise. For one Parker father, a verbal dispute over an elementary school parking space resulted in criminal charges. It was reported that during the argument with another man, the father pointed a handgun at the man. The father drove away before police arrived, but was caught later and arrested for Menacing and Unlawful Possession of a Weapon on School Grounds. The father claimed he felt threatened and was only trying to protect his kids in self-defense when he exited his vehicle and pulled out his gun.
Menacing in Weld County
C.R.S. 18-3-206 – Menacing – is defined by Colorado law as:
Menacing is usually a class 3 misdemeanor, but, it is a charged as a class 5 felony if committed:
(a)By the use of a deadly weapon or any article used or fashioned in a manner to cause a person to reasonably believe that the article is a deadly weapon; or (b)By the person representing verbally or otherwise that he or she is armed with a deadly weapon.Because the father pointed a gun, a deadly weapon, at the man, he would be charged with a class 5 felony in Weld, Morgan, or Logan County, punishable with 1 to 3 years in the Colorado Department of Corrections.
Unlawfully Carrying a Weapon on School Grounds in Greeley
Colorado law defines C.R.S. 18-12-105.5 – Unlawfully Carrying a Weapon on School, College, or University Grounds – as:
The father in the story above could face a class 6 felony charge in Greeley, Erie, or Evans. He could face up to 18 months in the Colorado Department of Corrections and $100,000 in fines.
While open-carrying is banned on Colorado campuses, those with a concealed carry permit have the right to carry on certain campuses. The Colorado Court of Appeals has twice ruled that the Board of Regents doesn’t have the authority to ban people from carrying firearms on public campuses if they have a concealed carry permit. The rules are often vague, however. Learn more about your campus’ policy on concealed carry, and consult a lawyer if you have been charged unlawfully.
If you or someone you love has been charged with Menacing or any firearm crime, be smart, exercise your right to remain silent, and contact the experienced lawyers from the O’Malley Law Office at (970) 616-6009 to schedule a free consultation. Together, we can protect your future.
Image Credit: Pixabay – JayMantri