Prohibited Use of Weapons is often charged in Larimer County, Colorado for any possession of a gun while under the influence of alcohol. You just can’t drink alcohol with a gun nearby. Other people in Fort Collins are charged with this crime for shooting a gun recklessly or with criminal negligence if others are endangered by the shooting – such as an accidental shooting inside a home or apartment. If you are convicted of this misdemeanor Prohibited Use of Weapons, you can be sentenced to incarceration at the Larimer County Jail. You can also lose the ability to carry a concealed weapon with your concealed handgun permit. Contact our top Larimer County lawyers to learn more about this crime. Below, our lawyers discuss:
1. Colorado and Larimer County law on Prohibited Use of Weapons, C.R.S. 18-12-106, is as follows:
(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).
Many people charged with this crime are arrested after they drink too much alcohol and have a gun in their possession. It’s not uncommon for a person who has his concealed carry weapon on his person to get drunk while bar hopping in downtown Fort Collins. It does not matter if he doesn’t do anything with the gun – it is a crime to simply possess a gun while intoxicated.
2. Can I Drink Alcohol and Have a Gun with a Concealed Handgun Permit in Fort Collins?
In Fort Collins, it is illegal to have a gun on your person when you drink alcohol – even if you have a concealed handgun permit. Possession of a concealed handgun while at a bar in downtown Fort Collins could result in a Prohibited Use of Weapons charge. Using that firearm after drinking alcohol can then lead to additional charges. For example, firing a gun into a building will lead to being charged with Illegal Discharge of a Firearm, C.R.S. 18-12-107.5. In addition to time at the Larimer County Jail, if you have your handgun with you when drinking, you could lose your concealed handgun permit and never be able to lawfully carry a concealed gun again.
3. Recklessly or with Criminal Negligence Discharging a Firearm in Larimer County | Shooting a Gun in a Dangerous Way
If you recklessly or with Criminal Negligence shoot a firearm in Larimer County, you can be arrested and charged with Prohibited Use of Weapons. People discharge a gun in many ways – some safe and some dangerous. A common scenario we see is where a young man thinks his handgun is unloaded, so he pulls the trigger to de-cock the pistol. The gun goes off and shoots a bullet into another room or the apartment next door. Along with other charges, the man is charged with Prohibited Use of Weapons. Other cases we see involve people shooting a gun in a dangerous way in Larimer County without a safe backstop for stray bullets. This is classified as reckless or criminally negligent shooting.
4. Loveland and Estes Park Sentences for Prohibited Use of Weapons
In Loveland and Estes Park, Prohibited Use of Weapons is almost always a class 1 misdemeanor. The sentence for having a handgun / pistol or other firearm while drinking alcohol includes a maximum of 364 days in the Larimer County Jail, a $1,000 fine, or both. Your concealed handgun permit can also be suspended or revoked by the Larimer County Sheriff.
If you have been charged with Prohibited Use of Weapons, it is essential that you contact the best criminal defense lawyer as soon as possible. A criminal defense attorney with more than 30 years of experience can defend you at the Larimer County Court and protect your future from consequences you don’t deserve. Contact a top criminal defense lawyer today so that you can keep your guns and stay out of the Larimer County Jail.
Have you been charged with Prohibited Use of Weapons? Contact the best Larimer County criminal defense lawyer at the O’Malley Law Office today at 970-658-0007 to discuss your case. Do not speak with any law enforcement in the meantime. Together, we can protect your future.
The location for the Larimer County Courthouse is 201 Laporte Avenue, Fort Collins, Colorado. We’ll see you there!
Photo by Karolina Grabowska