Prohibited Use of Weapons is charged in Fort Collins and Larimer County for various reason ranging from handling a gun while drunk and discharging a firearm. A Boulder man recently was arrested for multiple charges of this crime after he was accused of shooting an AK-47 into the air. According to the news report, this is something that he occasionally did with the illegally purchased gun. The man is currently facing more serious felony charges related to the event as well.
Fort Collins Prohibited Use of Weapons Attorney: Definition of the Multiple Charges of Prohibited Use of Weapons 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.
Because there are multiple subsections that apply to the case above, then there will be multiple charges of the same crime. The man was charged for aiming a firearm at another person (subsection (a)) and also for discharging a firearm (subsection (b)).
Sentence for Prohibited Use of Weapons – Multiple Charges in Loveland and Estes Park
In Fort Collins, Loveland, and Estes Park, Prohibited Use of Weapon is a class 2 misdemeanor, which is punishable by 90 to 354 days in the Larimer County Jail and up to $1,000 in fines. When there are multiple charges, the person can be sentenced on each charge – and the sentences can run concurrently or consecutively. A concurrent sentence means you will be serving multiple sentences at one time. For example, if you are sentenced to 90 days on one charge and 90 days on the other and the sentences are concurrent, then each day you serve will be counting toward both sentences. Meaning, you will only serve the 90 days. If the sentences are consecutive, then you can’t start serving the second 90 days until the first 90 days have been served. This would mean you would serve 180 days total.
If you or someone you love has been charged with Prohibited Use of a Weapon, 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 your free initial consultation. Together, we can protect your future.
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