Prohibited Use of Weapons can be charged for a variety of reasons in Fort Collins and Loveland. We often we see a Prohibited Use of a Weapon charge involved in road rage cases. Recently, two Colorado men were identified and arrested for this crime after being identified related to incidents on the road. In two separate incidents, one driver was angry and pointed a gun at another driver. This happened with two different men on the same day. It was reported that in the first incident, the man pointed the gun and then discharged the weapon multiple times into the air. The second incident included a DUI charge.
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What is Prohibited Use of Weapons in Larimer County?
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.
Based on the information provided in the article, the first driver was likely charged under subsection (1)(a) and (1)(b) – for pointing the gun and also discharging the weapon. The second charged driver would likely have been charged under subsection (1)(a) and (1)(d), with the added subsection for possessing a weapon while under the influence.
Fort Collins Sentence for Prohibited Use of a Weapon
As a class 1 misdemeanor in Loveland and Fort Collins, Prohibited Use of Weapons is punishable by up to 364 days in the Larimer County Jail and up to $1,000 in fines. For both the men above, and in almost every road rage incident where a gun is pointed, Felony Menacing would also be charged for putting another in fear of serious bodily injury.
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 a free initial consultation. Together, we can protect your future.
Image by Jan Marcus Trapp from Pixabay