Prohibited Use of Weapons is charged in Fort Collins and Larimer County when a person is accused of recklessly discharging a firearm. A man was recently arrested and charged with this crime (amongst many others) after it was alleged that he was discharging a firearm at parked cars. Luckily, all the cars were unoccupied. The man fled the original scene, abandoned his car, and barricaded himself in his garage. He was eventually taken into custody and charged with: Unlawful Possession of a Controlled Substance, Possession of a Dangerous Weapon, 1st Degree Criminal Trespass, Possession of a Weapon by a Previous Offender, Prohibited Use of a Weapon, Reckless Endangerment and Obstructing a Peace Officer.
Larimer County Prohibited Use of a Weapon – Discharging Firearm Lawyer: Legal Definition 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).
(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.
The man was charged under subsection (1)(b). The two most important terms in the section are ‘recklessly’ and ‘criminal negligence.’ According to Colorado law, these terms are defined as:
Based on the information provided, his actions could be seen as ‘reckless’ or ‘criminally negligent.’
If you or someone you love has been charged with Prohibited Use of Weapons, 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 Kelly