Possessing a gun or firearm while under the influence of alcohol can result in the criminal charge of Prohibited Use of Weapons. An FBI agent is facing this potential crime after his sweet dance moves at a Denver bar resulted in the discharge of his firearm. According to the news, the off-duty agent was dancing at the bar when he went to do a back flip. While flipped over, the gun fell out of his holster. When he went to grab it, it accidentally discharged – shooting another bar patron in the leg. While the agent was not arrested at the time, it seems the investigation is still on going. If he had been consuming alcohol at the bar while possessing the gun, he would likely be charged with Prohibited Use of a Weapon.
Jefferson County Prohibited Use of a Weapon Lawyer: Definition of Prohibited Use of Weapons in an Adams County Bar
The Jefferson and Adams County, Colorado law definition of Prohibited Use of Weapons – C.R.S. 18-12-106 – is:
(1) A person commits a class 2 misdemeanor if:
(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).
(e) He knowingly aims, swings, or throws a throwing star or nunchaku.”
Based on the information provided, it is likely the agent could be charged under both subsection (b) and subsection (c). The fact that his gun was loaded and not properly secured would likely meet the requirements of acting recklessly when his gun discharged. Then, a charge under subsection (d) would apply if the agent had consumed alcohol while at the bar. He could also be facing the felony Illegal Discharge of a Firearm charge for firing his gun inside a building.
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If you or someone you love has been charged with Prohibited Use of a Weapon, be smart, exercise your right to remain silent, and contact the best criminal defense attorneys from the O'Malley Law Office at 303-830-0880. Together, we can protect your future.Request a Free Consultation
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