Prohibited Use of a Weapon is charged in Loveland and Fort Collins for various reasons, one of which includes possessing a firearm while under the influence of alcohol or drugs. This can be the result of an investigation regarding an accidental discharge, where law enforcement sees an open container of alcohol or smells alcohol on someone’s breath while questioning the accused. This charge can also be the result of a traffic stop that turns into a DUI investigation. When the accused mentions they have a gun in the glove box – for officer safety – they can end up with an additional criminal charge.
Larimer County Prohibited Use of Weapons Attorney: How is Prohibited Use of Weapons Charged 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).
(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.
As described above in subsection (d), if there is an allegation of a person having access to a firearm while drunk or high, then a class 1 misdemeanor would be charged.
Penalty for Prohibited Use of a Weapon in Fort Collins
In Fort Collins and Loveland, Prohibited Use of a Weapon is a class 1 misdemeanor in most cases. This level misdemeanor is punishable by up to 364 days in the Larimer County Jail, along with fees and fines.