Obviously, people who go through the process of getting their Concealed Carry Permit do so for the purpose of carrying a firearm with them any time they feel it is necessary. However, there are some loopholes in the law that make carrying a firearm illegal, even with a Concealed Carry Permit. This has led to a rise in Prohibited Use of a Weapon charges in Fort Collins, Loveland, and Estes Park. You might be wondering how someone could be charged with Prohibited Use of a Weapon if they are legally carrying a weapon. The answer is simple, alcohol. When you keep a firearm in your car, waistband or purse consistently, it is easy to forget you have it with you. Legally, that is not an issue, unless you start drinking.
Larimer County Prohibited Use of a Weapon Lawyer: What Makes Carrying a Firearm Illegal?
The 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.
Part (d) in the above statute outlines that possessing a weapon or gun while under the influence would be considered a Prohibited Use of a Weapon offense. This means if you went to a restaurant with a gun on your person and had a couple beers or a glass of wine, you could be opening yourself up to these charges if police got involved. This is especially true seeing that the language of the statute does not specifically define what ‘under the influence’ means. I guess they leave that to the discretion of the o law enforcement officers, which is a scary thought if you ask me. Different officers see things differently. The statute is written so broadly, that officers have plenty of room to interpret the law to their liking (not yours).
Fort Collins DUI and Prohibited Use of a Weapon: Charges We Often See Filed Together
If you are pulled over and arrested for Driving Under the Influence (DUI) and you legally carry a gun in your car, you could also be facing the added charge of Prohibited Use of a Weapon. If you reach into your glove compartment to get your registration or dig through your purse for your id and the Fort Collins police officer sees a firearm, this crime could be charged as well. Even if the gun is found after you have been arrested and the Larimer County Sheriff Deputy is doing the routine search of the car before it is impounded, you could get the added weapon charge. It does not matter that you legally were carrying the gun with a valid Concealed Carry Permit. The government will claim that the gun was in your possession while in your car and because you were allegedly under the influence, your actions meet the requirements of the Prohibited Use of Weapons statute.