Prohibited Use of Weapons, C.R.S. 18-12-106, is a charge that often results when a person has a lapse in judgment and brings their gun with them when they go to downtown Greeley for a drink or two. Under Colorado law, you cannot have a firearm on your person while under the influence of alcohol. Bringing your gun with you while you go out drinking is a great way to be charged with not just Prohibited Use, but a plethora of other offenses as well. Disorderly Conduct, Menacing, and Driving Under the Influence are all offenses that can be charged alongside Prohibited Use when alcohol is involved. If you have been charged, don’t wait, and contact a top Weld County criminal defense lawyer today.
1. How Does the Weld County Court Define Prohibited Use of Weapons, C.R.S. 18-12-106?
The Weld County Court defines Prohibited Use of Weapons, C.R.S. 18-12-106, as follows:
(a) He knowingly and unlawfully aims a firearm at another person; or
(b) Recklessly or with criminal negligence he discharges a firearm…; 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).
While there are several ways that Prohibited Use of Weapons can be charged, it is most often charged when a person has a firearm on their person while under the influence of alcohol under subsection (1) (d).
2. What Other Crimes are Charged with Prohibited Use of Weapons in Greeley?
Unfortunately, Prohibited Use of Weapons often comes with “friends” in Greeley – and not the good kind. Other crimes that are often charged with Prohibited Use include:
- Driving Under the Influence, C.R.S. 42-4-1301 / Driving While Ability Impaired – What often happens is that a Greeley Police Officer pulls a person over for DUI or DWAI. While conducting the traffic stop, they then notice a gun in the car. The driver is then charged with both DUI / DWAI and Prohibited Use.
- Menacing, C.R.S. 18-3-206 – Felony Menacing is charged when a person indicates that they have a deadly weapon and places another in fear of imminent serious bodily injury. If that person is armed with a gun while drinking and they point it at the other person, they will also be charged with Prohibited Use.
- Disorderly Conduct, C.R.S. 18-9-106 – A person can be charged with Disorderly Conduct for displaying a real or simulated firearm in public, or discharging a firearm in public. Prohibited Use can be charged for discharging a firearm recklessly or with criminal negligence, or aiming a gun at another person. If a person is charged with Prohibited Use for engaging in one of these acts in a public setting, it is likely that Disorderly Conduct charges will also follow.
It is surprisingly easy to accrue multiple charges stemming from a single incident. Alcohol and guns really do not go well together. Remember: always leave the gun at home if you go out drinking.
3. Weld County Jail Time + Other Penalties for Prohibited Use of Weapons
If you have been charged with Prohibited Use of Weapons, you could face Weld County Jail time, fines, and other penalties if you are convicted. Penalties for a single charge of Prohibited Use can include:
- Up to 364 days in the Weld County Jail
- A fine of up to $1,000
- Revocation of your concealed handgun permit
- A criminal record that may not be sealed for 3 years, resulting in difficulty finding a job
If you have been charged with Prohibited Use of Weapons, don’t wait to contact the best Weld County firearm crimes lawyers to represent you. More likely than not, you’ve also been charged with at least one other crime. If this is the case, the penalties against you could increase if you are convicted of both offenses. This will then jeopardize your ability to buy a house, find a job, and maintain your personal reputation. Contact us today so that we can help you protect your future by representing you at the Weld County Courts.
Have you been charged with Prohibited Use of Weapons? Exercise your right to remain silent. Do not talk to the Weld County Sheriff or Greeley Police if they try to ask you questions. Then contact a criminal defense lawyer with over 3 decades of experience at the O’Malley Law Office today at (970) 616-6009 to talk about your case. Together, we can protect your future.
The location for the Weld County Courthouse is 901 9th Avenue, Greeley, Colorado. We’ll see you there!
Photo by Chris F