Prohibited Use of Weapons is charged in Greeley and Weld County for five different actions related to the use of a weapon. As a misdemeanor crime is Colorado, this charge is mostly charged based on using a firearm or weapon in a way that could be dangerous, but no serious issues or injuries result. Let’s take a closer look at the actions that could result in a Prohibited Use of Weapons charge.
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How is Prohibited Use of Weapons Charged in Erie and Evans?
The Weld County, 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). Possession of a permit issued under section 18-12-105.1, as it existed prior to its repeal, or possession of a permit or a temporary emergency permit issued pursuant to part 2 of this article is no defense to a violation of this subsection (1).
(2)(a) A person commits a class 2 misdemeanor if the person knowingly aims, swings, or throws a throwing star or nunchaku as defined in this subsection (2)(b) at another person, or the person knowingly possesses a throwing star or nunchaku in a public place except for the purpose of presenting an authorized public demonstration or exhibition or pursuant to instruction in conjunction with an organized school or class. When transporting throwing stars or nunchaku for a public demonstration or exhibition or for a school or class, they shall be transported in a closed, nonaccessible container.
So, let’s break down the four actions that can result in a Prohibited Use of a Weapon charge in Erie and Evans:
- Aiming a firearm at someone;
- Discharging a firearm or shooting a bow and arrow (not knowingly);
- Setting a trap and leaving it unattended;
- Possessing a firearms while under the influence of alcohol or drugs; or
- Aiming, swinging, throwing or possessing in public a throwing star or nunchaku.
Penalty for Prohibited Use of a Weapon in Mead and Ault
As outlined above, a charge for aiming a firearm, discharging a firearm, possessing a firearm while under the influence, or setting a trap and leaving it unattended would be a class 1 misdemeanor Prohibited Use of Weapons. This level misdemeanor is punishable by up to 364 days in the Weld County Jail. Aiming, swinging, throwing, or possessing a throwing star or nunchaku is a class 2 misdemeanor. The penalty for a class 2 misdemeanor is up to 120 days in the Weld County Jail.
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 criminal defense attorneys from the O’Malley Law Office at 970-616-6009 to schedule a free initial consultation. Together, we can protect your future.
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