Let’s explore some Frequently Asked Questions (FAQs) about Prohibited Use of Weapons charge in Larimer County, Colorado.
What Weapons are Included in the Fort Collins Prohibited Use of Weapons Charge?
Prohibited Use of Weapons charges in Fort Collins are only related to legal weapons. The weapons under this statute include:
- Firearm;
- Bow and Arrow;
- Gun, Trap, or Device set to explode upon being tripped;
- Throwing Star; or
- Nunchaku.
If the weapon involved in the crime is not legal, then the charge would likely be Possession of a Dangerous or Illegal Weapon, C.R.S. 18-12-102.
What is the Charge for Possession of a Firearm while Intoxicated in Colorado?
Prohibited Use of a Weapon is the charge that would apply when someone is drinking and in possession of a gun.
What is the Colorado Revised Statute and Definition of Prohibited Use of a Weapon?
Found under C.R.S. 18-12-106, the Colorado law definition of Prohibited Use of Weapons 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).
(2)(a) A person commits a class 2 misdemeanor if the person knowingly aims, swings, or throws a throwing star or nunchaku as defined in this subsection (2)(b) at another person, or the person 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.
What is the Sentence for Prohibited Use of Weapons in Loveland?
As stated above, Prohibited Use of Weapons is a class 1 misdemeanor in Loveland if charged under subsection 1. This level misdemeanor is punishable by up to 364 days in the Larimer County Jail. For a charge under subsection 2, it is a class 2 misdemeanor, the penalty for which is up to 120 days in the Larimer County Jail.
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 a free initial consultation. Together, we can protect your future.
Photo by Somchai Kongkamsri