There are many reasons that a person can be charged with Prohibited Use of a Weapon in Greeley and Weld County, but a very common reason is someone is in possession of a firearm while under the influence of alcohol or drugs. That’s what recently happened in Severance. Law enforcement were notified of shots fired and responded to the scene. It was reported a person had shot five or six times and then got in a vehicle and drove away. The vehicle was located and the man was pulled over. The gun was located and police reported it was still warm to the touch, as if it had recently been fired. The man was reportedly intoxicated and a speed limit sign was located with bullet holes and shell casings nearby. Along with the Prohibited Use of a Weapon, the man was charged with DUI, Disorderly Conduct, and Criminal Mischief.
Prohibited Use of Weapons Lawyer in Greeley: How is Prohibited Use of a Weapon Charged in Colorado
The Greeley, 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).
The man was likely charged under subsection (d), for being intoxicated and in possession of a firearm, which was found in the car he was driving.
Sentence for Prohibited Use of a Weapon in Windsor and Firestone
Prohibited Use of a Weapon is a class 1 misdemeanor. This level misdemeanor is punishable by up to 364 days in the Weld County Jail along with court fines and fees.
If you or someone you love has been charged with Prohibited Use of Weapons, 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 for a free initial consultation. Together, we can protect your future.
Photo by Somchai Kongkamsri