Drunk with a Gun in Larimer County
What You Need to Know About Prohibited Use of a Weapon Charges

If you've been charged with Prohibited Use of a Weapon, be smart, exercise your right to remain silent, and contact the O’Malley Law Office at 970-658-0007

If you’ve been charged with Prohibited Use of a Weapon in Fort Collins or anywhere in Larimer County, you’re facing a serious criminal offense that many people don’t fully understand until it’s too late. Colorado law doesn’t just regulate who can own a firearm; it also governs how and when you can handle one. Being intoxicated while in possession of a weapon is enough to land you in serious legal trouble, even if you never threatened anyone or pulled a trigger.

What Is “Prohibited Use of a Weapon” Under Colorado Law? A Fort Collins Defense Attorney Explains

Colorado Revised Statutes § 18-12-106 outlines the offense of Prohibited Use of Weapons. Under this statute, it is illegal to knowingly and unlawfully aim a firearm at another person, discharge a firearm, or have any firearm in your possession while under the influence of intoxicating liquor or of a controlled substance.

That last provision catches a lot of people off guard. You don’t have to be brandishing a weapon, threatening anyone, or acting recklessly. Simply having a gun on you (in your hand, on your hip, or even within your immediate reach) while you are intoxicated can constitute a criminal offense in Colorado.

How Is Prohibited Use of Weapons Charged in Larimer County?

Prohibited Use of a Weapon is typically charged as a Class 2 misdemeanor in Colorado, which carries potential penalties of up to 120 days in jail and fines up to $750. However, depending on the specific circumstances like whether the weapon was discharged, whether others were endangered, or whether additional charges are stacked on top, the consequences can escalate significantly.

In Larimer County, the Eighth Judicial District Attorney’s Office and local law enforcement take weapons charges seriously. Fort Collins Police Services and the Larimer County Sheriff’s Office frequently encounter these situations during DUI stops, domestic disturbance calls, and noise complaints where alcohol is involved and a firearm is discovered on the premises or on a person.

Lawyer for Prohibited Use of a Weapon Charges in Loveland: The Consequences Go Beyond the Courtroom

A misdemeanor weapons conviction may sound manageable, but the ripple effects are significant. A conviction can impact your ability to possess firearms in the future, affect professional licenses, complicate employment background checks, and carry lasting social stigma. For those with prior criminal history, even a misdemeanor can trigger far harsher outcomes under Colorado’s sentencing framework.

Charged with Prohibited Use of Weapons in Estes Park? Don’t Navigate This Alone

If you have been arrested for Prohibited Use of a Weapon in Fort Collins, Loveland, Estes Park, or anywhere in Larimer County, the time to act is now. These charges require an experienced criminal defense attorney who understands Colorado weapons law and the local courts. Every case is different, and early legal intervention can make a critical difference in how your case unfolds.


If you or someone you love has been charged with Prohibited Use of a Weapon, be smart, exercise your right to remain silent, and contact the best criminal defense attorneys from the O’Malley Law Office at 970-658-0007 to schedule a free initial consultation. Together, we can protect your future.

Photo by Matheus Bertelli

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