Possessing a firearm while under the influence of alcohol or drugs is charged as Prohibited Use of a Weapon in Fort Collins and Larimer County, unless, perhaps, you are a police officer. Recently, news sources revealed that an Aurora police officer not only avoided criminal charges, but also got to keep his job after being found passed out in his patrol car while on duty. According to the report, two civilians called in an unresponsive officer sitting in the driver’s seat of an unmarked patrol car. His car was in gear and his foot was on the brake when police and EMS responded to the scene, but the officer was completely out of it. He later admitted to going home while on duty and drinking vodka. He was in possession of his weapon when he was found unconscious and reeking of alcohol. If this had been anyone else, they would have immediately been criminally charged with at the very least DUI and Prohibited Use of a Weapon.
Larimer County Prohibited Use of Weapons Lawyer: Definition of Prohibited Use of a 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. 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.
Sentence for Prohibited Use of a Weapon in Estes Park and Loveland
As a class 2 misdemeanor in Fort Collins, Loveland, and Estes Park, Prohibited Use of a Weapon is punishable by 90 to 364 days in the Larimer County Jail and up to $1,000 in fines. For those who don’t get special treatment, this charge could cause major issues for someone who needs to be able to possess a firearm as part of their job.
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 lawyers from the O’Malley Law Office at 970-658-0007 to schedule your free consultation today. Together, we can protect your future.
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