While having a Concealed Carry Permit does allow a person to carry a gun or firearm with them as they see fit, there are still limitations in place. In Greeley, Erie, and Evans, there are certain circumstances where a person can be charged with Prohibited Use of a Weapon, even when they have their Concealed Carry Permit. When you legally carry a concealed gun, it’s easy to forget you have it in your car, your purse, or even in your waistband. This is where the problem lies. Carrying a weapon while drinking can quickly lead to a criminal charge, even if you were not handling the gun while intoxicated or under the influence of alcohol.
Weld County Prohibited Use of a Weapon Lawyer: What is Prohibited Use of a Weapon?
The Colorado law definition of Prohibited Use of Weapons – C.R.S. 18-12-106 – is:
(a) He knowingly and unlawfully aims a firearm at another person; or
(b) Recklessly or with criminal negligence he discharges a firearm or shoots a bow and arrow; or
(c) He knowingly sets a loaded gun, trap, or device designed to cause an explosion upon being tripped or approached, and leaves it unattended by a competent person immediately present; or
(d) The person has in his or her possession a firearm while the person is under the influence of intoxicating liquor or of a controlled substance, as defined in section 18-18-102 (5).
(e) He knowingly aims, swings, or throws a throwing star or nunchaku as defined in this paragraph (e) at another person, or he knowingly possesses a throwing star or nunchaku in a public place except for the purpose of presenting an authorized public demonstration or exhibition.
The issue with part (d) is that this statute does not specifically state what level of intoxication would constitute being under the influence. This allows the government the ability to charge the overbroad crime.
Greeley Prohibited Use of a Weapon and Drinking at Home
Can you have alcohol at home while owning firearms? As long as the gun is put away (like in a gun safe or even a drawer) there is no problem as long as you don’t have immediate control. Actual physical control is the issue.
If you or someone you love has been charged with Prohibited Use of a Weapon, be smart, exercise your right to remain silent and contact the best firearm criminal defense attorneys from the O’Malley Law Office at 970-616-6009 today. Together, we can protect your future.
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