There are many circumstances that can result in Prohibited Use of Weapons charges in Fort Collins and Larimer County, but most commonly it is charged for possessing a firearm while under the influence of alcohol. More than a year ago, a Colorado State University student died from a gun shot wound. The death was ruled an accident, but his family wasn’t so sure. They continued to follow up on the case and alerted law enforcement to a Snapchat photo that showed his roommate was in possession of the weapon that caused the fatal shot, taken just before his death. While police do not think that the roommate killed the student, they are now charging him with Prohibited Use of Weapons, as he had admitted to drinking that night while handling the guns.
Prohibited Use of a Weapon Lawyer Near Me: Definition of Prohibited Use of Weapons
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.
The roommate was charged under subsection (d) for having control over the firearms while drinking tequila.
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 3 to 12 months in the Larimer County Jail and up to $1,000 in fines. In Colorado, most misdemeanors cases must be filed within 18 months, otherwise the statue of limitation would run out and the case could not be filed. Since this happened in January of 2018 and was filed in June of 2019, the DA’s got it in just before their opportunity expired.
If you or someone you love has been charged with Prohibited Use of Weapons, contact the best criminal defense attorneys from the O’Malley Law Office at 970-658-0007 to schedule a free consultation. Together, we can protect your future.
Photo by Christian Wiediger on Unsplash