Prohibited Use of Weapons is often charged in Fort Collins and Larimer County when a person possesses a firearm while under the influence of alcohol. This is why we see some DUI cases result in Prohibited Use of a Weapon charge. For example, you legally have a gun in your car. Maybe you leave it in the glovebox. Well, if you are pulled over for drinking and driving and while talking with police you disclose that you have a weapon in the car, then you can be charged with the weapon charge as well. There may be an argument if the gun is in the trunk and not as easily accessible as in the glove box or under the seat, but law enforcement is usually quick to add those weapons charges if they can.
Fort Collins Prohibited Use of Weapons Attorney: Definition of Prohibited Use of Weapon 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).
(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.
Being under the influence of alcohol or drugs and being in proximity to a weapon would result in a charge under subsection (d).
Sentence for Prohibited Use of Weapons in Loveland and Estes Park
In Fort Collins, Loveland, and Estes Park, Prohibited Use of Weapons is a class 2 misdemeanor. This level misdemeanor is punishable by 90 to 364 days in the Larimer County Jail and up to $1,000 in fines.