In Weld County, you can be arrested Prohibited Use of a Weapon in many ways. A Colorado Springs Man recently found this out the difficult way. While he was allegedly under the influence of alcohol, the suspect handed the 7-Eleven gas station clerk his gun. His motives for having the gun and handing it to the clerk are still unclear, however because he was under the influence and had possession of a weapon he was charged with Prohibited Use of a Concealed Weapon.
In Greeley, Colorado What is Considered Prohibited Use of a Weapon?
In Greeley, Colorado, Prohibited Use of a Weapon, C.R.S. 18-12-106, is when a person:
- Knowingly and unlawfully aims a firearm at another person; or
- Recklessly or with criminal negligence he discharges a firearm or shoots a bow and arrow; or
- 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
- 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; or
- He knowingly aims, swings, or throws a throwing star or nunchaku (e) at another person, or he 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.
Drunk or Intoxicated with a Gun Nearby in Greeley, Colorado?
In the case above the person at the 7-Eleven is accused of being drunk or intoxicated while also possessing a gun at the time the police arrived on the scene. It is important to note that the charge of Prohibited Use of a Weapon would apply whether you are in a store / public or just intoxicated while with your friends and you are showing them your gun in your home. There is no specific blood alcohol level stated to be considered under the influence, so it is important to note that if you own a gun you cannot be in possession / control of it while drinking alcohol or there is a risk of a criminal charge. The best practice is to keep all firearms locked up while you are drinking.
Punishment of Prohibited Use of a Weapon in Greeley, Colorado
The punishment and sentence for a Prohibited Use of a Weapon Greeley, Colorado, conviction is a class 2 misdemeanor. Simply put, that means that the defendant would have to serve between 3 and 12 months in the Weld County Jail and they would also need to pay a fine between $250 and $1,000. In the case at the 7-Eleven store, since there was a gun involved, a conviction would also include surrendering the gun to police. Did you know there is a statute which says the court can require you to forfeit the gun in any firearm related crime?
Colorado Forfeiture of a Firearm or Gun Used in a Crime – Weld County Criminal Law
Weld County courts can require you to permanently forfeit a gun or firearm used in a crime. Take a look at the C.R.S. 18-12-110 statute below:
The big question under C.R.S. 18-12-110 is whether the word “used” is treated the same as “possessed.” Note that “possession” is the key term for this crime, while “used” is the key term for this forfeiture statute. There is a real difference. Your criminal defense lawyer can sort this out with the DA, and maybe save your favorite gun or family heirloom.
Find a Weld County Lawyer to Protect My Second Amendment Right?
While in Weld County citizens can own and carry guns in accordance with the Second Amendment, it is still very important to find a lawyer who will fight for your rights if faced with a Prohibited Use of a Weapon charge. When an event arises, the law is looking for someone to blame. Protect your rights with an experienced firearms lawyer who can navigate your charges and fight for you.
If you have been charged with Prohibited Use of a Weapon, be smart, exercise your right to remain silent and contact the best weapon criminal defense attorneys from the O’Malley Law Office at 970-616-6009 today. Together, we can protect your future.
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