Discharging a firearm can result in an Illegal Discharge of a Firearm or Prohibited Use of a Weapon charge in Fort Collins and Larimer County depending on the circumstances. Let’s take a closer look at these two crimes and how they are charged in Colorado.
Larimer County Illegal Discharge of a Firearm Attorney: Colorado Law Definition of Illegal Discharge of a Gun
The Larimer County, Colorado law definition of Illegal Discharge of a Firearm – C.R.S. 18-12-107.5 – is:
The key to this crime is intent and location. The person shooting the firearm must have acted knowingly or recklessly. The gun must fire into a home or other place where people live or are located or into a vehicle where another person is inside. It doesn’t matter if there is anyone in the home at the time of the discharge, but it does matter that someone is in the car when the firearm discharges. Illegal discharge of a firearm is a class 5 felony. So, if someone showing off their loaded gun and it goes off in the house, then this is the likely charge. It would be argued the person acted recklessly handling a loaded gun and the gun was discharged inside a dwelling.
Prohibited Use of Weapons Lawyer in Loveland and Estes Park
In Fort Collins, Loveland, and Estes Park, Prohibited Use of Weapons – C.R.S. 18-12-106 – is defined as:
(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).
Subsection (b) is what usually applies to cases where a gun has discharged. For this crime, the person just must act recklessly or with criminal negligence when shooting the gun. An example of this case would be someone cleaning their gun and it accidentally goes off. Even though it may have happened in the home, it’s likely the intent would be negligence.
If you or someone you love has been charged with a weapon crime like Illegal Discharge of a Firearm or 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 Weld County website. Together, we can protect your future.
Photo by Karolina Grabowska