A man in Arizona was arrested after he allegedly tried to “shoot the moon.” This is illegal in Colorado; in Weld, Morgan, and Logan County, you would be charged with Prohibited Use of Weapons – C.R.S. 18-12-106, if you shoot up in the air. Let’s take a closer look at this offense so you know what you can and can’t do with your firearms.
What is Prohibited Use of Weapons?
Prohibited Use of Weapons is charged in Greeley, Evans, and Erie whenever a person:
- Knowingly aims a firearm at another person
- Recklessly (or with criminal negligence) shoots a firearm or a bow and arrow;
- Knowingly sets a loaded gun or other device (such as a trap or explosive device) and leaves it unattended
- Possesses a firearm while under the influence of alcohol or drugs
- Knowingly aims, swings, or throws a throwing star or nun chuck at another person
Prohibited Use of Weapons is most often charged after people are found to be in possession of guns or firearms while drinking alcohol. But, this catch-all crime is charged whenever the police feel someone has been reckless while using guns.
What are the Consequences of Prohibited Use of Weapons?
Prohibited Use of Weapons is a class 2 misdemeanor, which carries a sentence of up to 1 year in the Weld County Jail. Even a misdemeanor conviction can be devastating to your future. Don’t plead guilty to avoid jail time – you’ll have a conviction on your record for the rest of your life. Contact an experienced firearms rights lawyer who can fight to protect your gun rights.
More Serious Firearm Crimes
Most likely, the AZ man has been charged with a misdemeanor offense. But, it very easily could have been a much more serious crime. If, for example, someone shoots a gun near a home or vehicle, they could be charged with Illegal Discharge of a Firearm – C.R.S. 18-12-107.5, which is a class 5 felony. Felonies are much more serious, and carry the possibility of being sentenced to the Colorado Department of Corrections.
Use Your Right to Bear Arms Wisely in Colorado
According to the Second Amendment and article II, section 13 of the Colorado Constitution, we all have the right to bear arms. Use this right wisely and don’t be reckless or thoughtless with your guns. Unfortunately, our state isn’t tolerant when it comes to firearms, so people tend to overreact if they see a gun. If you have been charged with Prohibited Use of Weapons or Illegal Discharge of a Firearm in Weld, Morgan, and Logan County, don’t hesitate to contact an experienced, pro-gun rights attorney to fight for your right to bear arms.