Prohibited Use of a Weapon is charged in Fort Collins and Larimer County when a person recklessly discharges a firearm or knowingly points a firearm at someone. A juvenile was recently charged with this crime after it was reported that they were firing gunshots in the air. According to the report, police started getting calls about gunshots at a skatepark. There were no injuries and the shooter was taken into custody without incident. The juvenile is facing additional charges of Felony Menacing, Reckless Endangerment, and Possession of a Handgun by a Juvenile.
Larimer County Skatepark Prohibited Use of Weapons Lawyer: Definition of Prohibited Use of a Weapon 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).
(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.
It’s likely that the juvenile was charged under subsection (b) for recklessly or negligently shooting a firearm.
Under Colorado law, ‘recklessly’ means:
‘Criminal Negligence’ is defined as:
These mindsets can be difficult to argue when you are talking about a juvenile. Does a juvenile understand the standard of care a reasonable person would exercise? Does a juvenile have the foresight to understand and then consciously disregard a risk? These are all things that the defense attorney will need to explore when defending this child.
If you or someone you love has been charged with Prohibited Use of Weapons, 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 your free initial consultation. Together, we can protect your future.
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