In Larimer County, Colorado, responsible gun ownership comes with legal obligations and crossing certain lines can result in criminal charges. One charge that surprises many gun owners is Prohibited Use of a Weapon under C.R.S. § 18-12-106. Whether you were accused of handling a firearm while intoxicated or engaging in reckless behavior, this charge can have serious consequences.
Here’s what you need to know if you’re facing Prohibited Use of a Weapon in Colorado.
What Is Prohibited Use of Weapons in Loveland and Fort Collins, Colorado?
Colorado law makes it a crime to use or handle weapons in certain unsafe or irresponsible ways. You can be charged with Prohibited Use of a Weapon (C.R.S. § 18-12-106) for doing any of the following:
Under Colorado law, the following are considered prohibited:
- Aiming a firearm at another person, whether or not you intended to fire.
- Recklessly discharging a firearm or shooting a bow and arrow.
- Possessing a firearm while under the influence of alcohol or drugs.
- Leaving a loaded firearm unattended, especially where it could be accessed by others.
- Setting a loaded trap or device that could cause an explosion and leaving it unattended.
What Are Common Scenarios That Lead to Prohibited Use of a Weapon Charges in Estes Park?
- Handling a gun while intoxicated during a hunting trip or at a campsite.
- Aiming a firearm at someone during a heated argument.
- Accidentally discharging a gun at a shooting range or on private property.
- Having a gun in your vehicle after a few drinks, even if you weren’t using it.
Many of these situations happen without any intent to harm, but Colorado law still allows for criminal charges when safety laws are violated.
Is Prohibited Use of a Weapon a Misdemeanor or Felony? A Fort Collins Defense Attorney Explains
Prohibited Use of a Weapon is usually charged as a Class 2 misdemeanor, punishable by:
- Up to 120 days in jail
- Fines up to $750
In some cases, such as when a firearm is discharged recklessly and causes injury or property damage, additional charges (like Assault, Menacing, or Criminal Mischief) may be added—raising the stakes significantly.
Can I Be Charged Just for Having a Gun While Drinking?
Yes. Colorado law specifically prohibits possessing a firearm while under the influence of alcohol or controlled substances. This means you don’t have to fire or even touch the weapon, you can be charged just for being in possession while impaired.
This often happens when someone has a gun in their car or concealed carry holster while drinking at a bar, restaurant, or social event.