A very common reason Prohibited Use of Weapons is charged in Fort Collins and Larimer County is when a person is accused of possessing a firearm while under the influence of alcohol. We have seen cases where a DUI stop results in a Prohibited Use of a Weapon charge because the person had a gun in their car when stopped for the suspicion of Driving Under the Influence. Today’s story, however, is a little beyond the normal DUI with a gun stop. According to the report, a man was driving around a Colorado town and causing a ruckus because the bed of his truck was on fire. When police tried to pull the truck on fire over, the driver stopped, but then refused to exit the vehicle and took off again, causing a high-speed chase. After another fake stop only to take off again, the truck eventually crashed and the driver was apprehended, though he tried to fight the officers. No one was injured, but a gun was found in the truck and the driver was charged with DUI, Vehicular Eluding, Hit and Run, Assault on a Peace Officer and Prohibited Use of Weapons.
Fort Collins Prohibited Use of a Weapon Attorney: Definition of Prohibited Use of Weapons in Colorado
The Fort Collins, 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.
(b) For purposes of this subsection (2), “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.
The man was likely charged under subsection (1)(d) for possessing a firearm while under the influence. Because he was charged with the DUI and was in the vicinity of the gun, he is facing this misdemeanor charge.
Sentence for Truck on Fire Prohibited Use of a Weapon in Loveland and Estes Park
In Fort Collins, Loveland, and Estes Park, Prohibited Use of a Weapon is a class 1 or class 2 misdemeanor. For the driver of the truck on fire, he would be facing the class 1 misdemeanor. This level charge is punishable by up to 364 days in the Larimer County Jail and up to $1,000 in fines.
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. We also practice in Greeley and Weld County. Click here to visit our Greeley site. Together, we can protect your future.
Photo by jane grn