Prohibited Use of Weapons is charged in Fort Collins and Larimer County for various different reasons, one of which is having possession of guns while under the influence of alcohol. Even if nothing ever happens with the gun, simply having the gun while drinking can result in these charges. A man was arrested for this crime after it was reported that he had fired a gun in an alleyway. According to the report, when the police contacted the man, he was found sitting in the driver’s seat of his truck. He ignored officer’s commands and they ended up pepper spraying him to get him into custody. It was determined that he was intoxicated and when arrested, he had a loaded gun in his waistband. Along with Prohibited Use of Weapons, he was also charged with Possession of a Weapon by a Previous Offender.
Larimer County Prohibited Use of Weapons Lawyer: Definition of Prohibited Use of a Weapon Related to Guns and Alcohol
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).
(e) He knowingly aims, swings, or throws a throwing star or nunchaku as defined in this paragraph (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. 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. For purposes of this paragraph (e), “nunchaku” means an instrument consisting of two sticks, clubs, bars, or rods to be used as handles, connected by a rope, cord, wire, or chain, which is in the design of a weapon used in connection with the practice of a system of self-defense, and “throwing star” means a disk having sharp radiating points or any disk-shaped bladed object which is hand-held and thrown and which is in the design of a weapon used in connection with the practice of a system of self-defense.
Subsection (d) is what applies to the case above. Likely, the idea behind it is that a person under the influence of drugs or alcohol may not make the best decisions and therefore, shouldn’t be handling a deadly weapon.
Sentence for Prohibited Use of Weapons in Loveland and Estes Park: What Happens If I’m Caught with Guns and Alcohol?
As a class 2 misdemeanor in Fort Collins, Loveland, and Estes Park, Prohibited Use of Weapons is punishable by 3 months to 364 days in the Larimer County Jail and up to $1,000 in fines.