Illegal Discharge of Firearms is charged in Fort Collins and Larimer County when a person shoots a firearms into a home, building or car occupied by a person. Recently, the Weld County Sheriff was under fire after two men involved in a parking lot shootout were not arrested due to limitations at the Weld County Jail. According to the Greeley Tribune, the sheriff explained that the only people being taken into custody are those charged with a class 1, class 2 or class 3 felony, a domestic violence offense, or a sex offense. The sheriff claims that they are focusing on violent crimes with victims. This is because the sheriff got in trouble for not following proper procedure regarding COVID precautions. Part of the jail has been shut down, so they are limited on space. The men who shot at each other were only charged with Engaging in a Riot, Fighting by Agreement, Reckless Endangerment, Illegal Discharge of Firearms, and Prohibited Use of Weapons, and I guess those are not violent crimes. Since no one was hurt, apparently they didn’t feel the need to charge Attempted Assault or Attempted Murder, which would have resulted in an arrest. What blows my mind about this situation, is that a boyfriend can be charged with Criminal Mischief as an act of Domestic Violence for throwing his girlfriend’s TV remote and breaking it. He would spend the night in jail for the lowest level misdemeanor that had no violence toward another person involved, yet two people shooting at each other in a public place get to go home and sleep in their own beds.
Larimer County Illegal Discharge of Firearms Attorney: Definition of Illegal Discharge of a Firearm in Colorado
The Larimer County, Colorado law definition of Illegal Discharge of Firearms – C.R.S. 18-12-107.5 – is:
While not specifically stated, it’s likely the men were in their vehicles shooting at each other. Because they were each aiming and shooting at / into the other person’s vehicle, they were charged with this crime. We often see this charge related to an accidental discharge – when a person is showing someone their gun and it accidentally goes off or maybe they are cleaning a gun and it accidentally discharges.
Sentence for Illegal Discharge of a Firearm in Loveland and Estes Park
In Fort Collins, Loveland, and Estes Park, Illegal Discharge of a Firearm is a class 5 felony. This level felony is punishable by 1 to 3 years in the Colorado Department of Corrections and up to $100,000 in fines.