According to the news, a man was digging up yams that were growing along a fence when another man approached him and told him to stop. The two men then began to argue, which is when one man pulled out a gun, hit the other man over the head with it and discharged his gun. He allegedly pointed the gun and shot between the other man's legs, so luckily he was not injured. Among other charges, in Denver, Pueblo County and every other county of Colorado, the man with the gun could be charged with Prohibited Use of Weapons, C.R.S. 18-12-106.
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Prohibited Use of Weapons Definition in Douglas County, Colorado
In Douglas County, Adams County and everywhere else in Colorado, the definition of Prohibited Use of Weapons is:
“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). 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).
(e) He knowingly aims, swings, or throws a throwing star or nunchaku as defined in this paragraph (e) at another person, or he 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. For purposes of this paragraph (e), “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 parts of the statute that relate to the man in the news story are part (a) and part (b). For unlawfully aiming the firearm at the other man, and for discharging the firearm recklessly or with criminal negligence, the man could be facing a class 2 misdemeanor charge. A class 2 misdemeanor is punishable by up to 12 months in a county jail.
Alcohol and Guns in Arapahoe County = Prohibited Use of Weapons Charges
In Arapahoe County, Jefferson County and across Colorado, we commonly see Prohibited Use of Weapons charges being filed against men and women who are drunk with a gun or under the influence of alcohol. In some cases, you can be pulled over by police for a DUI and have your vehicle searched for a firearm. If police find a firearm in your vehicle and you've been drinking, it's likely you would be charged with Prohibited Use of Weapons. Under these circumstances, it's imperative you have a firearms lawyer who can fight by your side in court and present a favorable defense before the judge and jury.
Charged with Prohibited Use of Weapons in Colorado? Call Us
If facing any charges or accusations of Prohibited Use of Weapons anywhere in Colorado, call an attorney who specializes in gun rights. Only a skilled criminal defense attorney who understands criminal law can defend against charges of Prohibited Use of Weapons in Colorado. Call the O'Malley Law Office today to speak with one of our exceptional firearms attorneys and protect your future.
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If you have been accused of Prohibited Use of Weapons in Colorado, be smart, exercise your right to remain silent, and call the best firearms attorneys at the O'Malley Law Office at 303-830-0880 for a free consultation. Together, we can protect your future.Request a Free Consultation
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