What is Illegal Discharge of a Gun in Larimer County?
C.R.S 18-12-107.5 – Illegal Discharge of a Firearm – is defined by Colorado law as:
This crime was put in effect to punish random drive-by or walk-by shootings directed at homes, occupied structures, or vehicles from outside the premises or vehicle. However, these purposeful criminal acts are not the only reason this crime gets charged. In Larimer, Boulder, or Jackson County, if a person shoots a handgun outside the home and the bullet gets lodged in their neighbor’s roof shingle (not even entering the house), Illegal Discharge of a Handgun or Rifle may be charged. This crime can also be charged when a person fires a rifle and a car drives by just at the right time for the projectile to get stuck in the side panel. Even though the bullet never entered the car or the home, Illegal Discharge of a Firearm may still apply.
What is the Punishment for Illegal Discharge of a Firearm in Fort Collins?
As a class 5 felony, Illegal Discharge of a Gun is punishable with one to three years confinement in the Colorado Department of Corrections (DOC) and a mandatory parole period of two years. A Larimer County Jail sentence is also possible. The sentence can also include up $100,000 in fines. A person will only be found guilty of Illegal Discharge of a Firearm in Fort Collins, Loveland, or Estes Park if the Larimer County District Attorney can prove the discharge happened knowingly or recklessly.
How a Lawyer Can Help You When Facing Illegal Discharge of a Firearm Charges
We understand accidents happen and work vigorously to defend your innocence.
While this law was set up to penalize random drive-by shootings, many different situations have resulted in Illegal Discharge of a Firearm charges. We have seen cases where a person was cleaning their gun, and had accidentally engaged a bullet, hit the trigger and discharged the weapon inside their apartment. Neighbors heard the shot and the police were called, leading to the Illegal Discharge of a Firearm charge. At the O’Malley Law Office, we understand accidents happen, and work vigorously to defend your innocence and protect your future. We don’t want a simple mistake to affect your ability to get housing, a job, or even a concealed carry permit. Let us help you protect your second amendment rights!