Are you facing an Unlawfully Carrying a Concealed Weapon charge in Weld County? Across Colorado, it is a criminal offense to carry a concealed firearm, knife, or weapon without a permit. Being able to understand this criminal charge is important to getting the best outcome in your case. For example, did you know that having a folded knife clipped to the edge of your pocket may not be carrying a concealed weapon? The attorneys at the O’Malley Law Office have over 30 years of experience helping clients get the best resolution to their cases. Below, our attorneys will discuss the charge of Unlawfully Carrying a Concealed Weapon and why it is important to hire an experienced attorney.
Colorado Legal Definition of Unlawfully Carrying a Concealed Weapon, C.R.S. 18-12-105
In Weld County, Colorado the legal definition of Unlawfully Carrying a Concealed Weapon, C.R.S. 18-12-105, is:
(1) A person commits a class 1 misdemeanor if such person knowingly and unlawfully:
(a) Carries a knife concealed on or about his or her person; or
(b) Carries a firearm concealed on or about his or her person; or
(c) Without legal authority, carries, brings, or has in such person’s possession a firearm or any explosive, incendiary, or other dangerous device on the property of or within any building in which the chambers, galleries, or offices of the general assembly, or either house thereof, are located, or in which a legislative hearing or meeting is being or is to be conducted, or in which the official office of any member, officer, or employee of the general assembly is located.
It is important to note that “Concealed” means that someone observing you could not or would not be able to see the weapon; however, if it is concealed by a holster where part of it could still be seen that is not considered concealed. Another piece worth noting is that if the weapon is not on your actual person, but concealed within easy reach, that could still be considered Unlawful Carrying of a Concealed Weapon even though it is technically not “on” your person.
What Weapons are Illegal to Conceal Carry in Greeley, Colorado Without a Permit?
Weapons under Greeley and Colorado’s statute for Unlawfully Carrying a Concealed weapon are all firearms, knives with blades longer than 3 ½ inches, any explosives, devices, or weapons that are deemed illegal.
In Weld County When is it Legal to Carry a Concealed Weapon?
In Weld County, there are very specific requirements when legally Carry a Concealed Weapon. Some of those instances are:
- You have a current Concealed Carry Permit for a firearm or weapon.
- You are on a hunting or fishing trip with the appropriate licenses. From C.R.S. 18-12-204(3)(a)(II)
- You are in your own house, car or place of business, and possess for your personal protection.
Punishment for Unlawfully Concealing a Weapon in Johnstown, Fredrick, or Windsor, Colorado
The sentence and punishment for Unlawfully Concealing a Weapon in Johnstown, Fredrick, or Windsor depends on whether this is your first offense or a subsequent offense. For the first offense of Unlawfully Carrying a Concealed Weapon, the sentence is a class 1 misdemeanor with the punishment of up to 364 days in the Weld County Jail, and a fine of up to $1,000. For a second or subsequent offense the sentence is class 5 felony with penalties of 1-3 years in a Colorado State Prison, a fine of $1,000-$100,000, and 2 years mandatory parole. Other punishments could be the loss of your ability to own a firearm.
Why Hire a Top Weld County Criminal Defense Attorney?
Hiring a top Weld County criminal defense attorney is your best option to protect your freedom, career, finances, and your right to own a firearm. Our attorneys can help you through the process at the Weld County Courthouse and fight for your rights. A criminal conviction can have lasting consequences on your life both personally and professionally, so let us help you!