Prohibited Use of a Weapon is charged in Fort Collins and Larimer County when a person is accused of having possession of a firearm while under the influence of alcohol. This is why guns and bars don’t mix. Even if you have a concealed carry permit, if you are drinking, you can get in trouble for also having possession of the gun at that time. Fort Collins Police recently reported an arrest of a man who was accused of threatening other bar patrons with a gun after they declined his offer to buy some drugs. According to the report, the man was identified and arrested after someone reported the incident. He was charged with Menacing, Prohibited Use of a Weapon, Unlawfully Carrying a Concealed Weapon, and Possession of Cocaine.
Larimer County Prohibited Use of Weapons Lawyer: Definition of Prohibited Use of a Weapon in Colorado
The Larimer County, 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).
Technically, the man could have been charged with multiple counts of this crime. One under subsection (d) for possessing the firearm while drinking, and another under subsection (a) for pointing the gun at another person. Though, it wasn’t made clear if the man actually pointed the gun at the alleged victim, or simply showed him the gun in an effort to threaten him.
Sentence for Prohibited Use of a Weapon – Guns and Bars in Loveland and Estes Park
As a class 1 misdemeanor in Fort Collins, Loveland, and Estes Park, Prohibited Use of Weapons is punishable by up to 364 days in the Larimer County Jail and up to $1,000 in fines. If you are charged with Prohibited Use of Weapons in Greeley or Weld County, just click here to get help with your case!
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.
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