In Greeley and Weld County, there are four specific actions that can result in Prohibited Use of Weapons charges. Let’s take a closer look at the statute to learn about this crime.
Milliken Prohibited Use of Weapons Lawyer: What is the Colorado Law Definition of Prohibited Use of a Weapon?
The Milliken, 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).
(2)(a) A person commits a class 2 misdemeanor if the person knowingly aims, swings, or throws a throwing star or nunchaku as defined in this subsection (2)(b) at another person, or the person 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. When transporting throwing stars or nunchaku for a public demonstration or exhibition or for a school or class, they shall be transported in a closed, nonaccessible container.
Breaking it down, here are the 5 ways a person can be charged with Prohibited Use of a Weapon:
- Knowingly aiming a firearm at someone;
- Recklessly or with criminal negligence firing a gun or shooting a bow and arrow;
- Knowingly setting a trap or explosive and leaving it unattended;
- Possessing a firearm while under the influence of drugs or alcohol; or
- Knowingly aiming or throwing a throwing star or nunchaku at someone.
How is Prohibited Use of a Weapon Charged in Johnstown and Windsor
In Johnstown, Windsor, and across Weld County, Prohibited Use of a Weapon is a class 1 misdemeanor or class 2 misdemeanor charge. It is a class 1 misdemeanor for a charge under subsections (1)(a), (b), (c), or (d). This level misdemeanor is punishable by up to 364 days in the Weld County Jail. A charge under subsection (2)(a) is a class 2 misdemeanor, which is punishable by up to 120 days in the Weld County Jail.