When a juvenile is charged with a weapons crime in Fort Collins and Larimer County, everyone investigating and involved in the incident always want to know where the weapon came from. Often, kids get these weapons from their own home. When that’s the case, the parents are looked into regarding their storage of the weapon – and sometimes the result is criminal charges for Unlawful Storage of a Firearm. This recently occurred in Colorado Springs after two students were arrested for possessing a weapon on school grounds. According to the report, the student was charged for possessing the weapon and a family member was charged with Unlawful Storage of a Firearm. Let’s take a closer look at this criminal charge.
Larimer County Unlawful Storage of a Gun Lawyer: Definition of Unlawful Storage of a Firearm in Colorado
The Larimer County, Colorado law definition of Unlawful Storage of a Firearm – C.R.S. 18-12-114(2) – is:
(I) A juvenile can gain access to the firearm without the permission of the juvenile’s parent or guardian; or
(II) A resident of the premises is ineligible to possess a firearm pursuant to state or federal law.
(b) Unlawful storage of a firearm is a class 2 misdemeanor.
So, how does Colorado law determine what appropriate storage of a firearm is? According to the statute:
(a) The person carries the firearm on his or her person or within such close proximity thereto that the person can readily retrieve and use the firearm as if the person carried the firearm on his or her person;
(b) The firearm is kept in a locked gun safe or other secure container or in a manner that a reasonable person would believe to be secure and a juvenile or resident of the premises who is ineligible to possess a firearm does not have access to the key, combination, or other unlocking mechanism necessary to open the safe or container;
(c) The person properly installs a locking device on the firearm and a juvenile or resident of the premises who is ineligible to possess a firearm does not have access to the key, combination, or other unlocking mechanism necessary to remove the locking device; or
(d) The firearm is a personalized firearm and the safety characteristics of the firearm are activated.
Basically, the gun must be kept in a secure location where a juvenile cannot access it. Because the student was able to get the weapon and take it to school (which I doubt the family member gave permission for him to do), that is why the charges were filed.
If you or someone you love has been charged with Unlawful Storage of a Firearm, 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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