Criminal Defense Blog

Prohibited Weapon Use in Jefferson County | CRS 18-12-106

Posted by Kyle B. Sawyer | Feb 09, 2021 | 0 Comments

Prohibited Weapon Use

Prohibited weapon use in Jefferson County, Colorado includes many different behaviors with firearms, bows and arrows, and traps. Aiming a gun at someone or possessing a firearm while you're drunk or high can be enough to result in impactful criminal charges. This also applies to other weapons as well, such as throwing stars and nunchakus. This weapon offense ranges from a class 2 misdemeanor to a class 5 felony, depending on a defendant's prior criminal history. If you or someone you know is facing a prohibited weapon use charge, consult one of our accomplished criminal defense attorneys today.

Lakewood Prohibited Use of Weapons Law

Jefferson County's prohibited use of weapons law prohibits specific behaviors surrounding firearms and other weaponry. CRS 18-12-106 defines elements of prohibited use of weapons throughout Colorado. You commit this offense in Lakewood, Arvada, or Golden if you:

  • knowingly and unlawfully aim a gun at someone,
  • recklessly or with criminal negligence shoot a firearm or bow and arrow,
  • knowingly set a loaded gun, trap, or explosive and leave it without an appropriate person present,
  • possess a firearm while under the influence of alcohol or a controlled substance,
  • or knowingly aim, swing, or throw a throwing star or nunchaku at someone or possess one in public without lawful purpose  

Perhaps the most common scenario we see involves accusations of being drunk or high with a gun. When alcohol or controlled substances come into play, the mere presence of a firearm becomes that much more problematic.

How Serious is Prohibited Use of Weapons in Colorado?

Prohibited weapon use can be a misdemeanor or felony in Jefferson, Arapahoe, and Douglas County. As a first-time offense, prohibited use of weapons is a class 2 misdemeanor, possibly resulting in:

  • a county jail sentence of 3 - 12 months,
  • fines of $250 - $1,000

However, a defendant's criminal history dating back 5 years is critical in these cases. If there is a conviction for unlawfully carrying a concealed weapon, possessing a defaced firearm, or prohibited use of a weapon, the charge increases to a class 5 felony. This can mean a prison sentence of 1 - 3 years, fines of $1K - $100K, and 2 years of parole.

Fighting Prohibited Weapon Use Allegations in Colorado

Whether you're being accused of being drunk with a gun or mishandling a firearm, strategic representation is a must. Our firearm attorneys have decades of experience fighting weapon charges throughout Colorado and our results speak for themselves. Perhaps your behavior wasn't reckless or negligent, you didn't have physical control of the weapon, or you didn't know it was loaded. That said, contact our office for a free, confidential consultation with one of our accomplished criminal defense attorneys.

We will carefully analyze your unique situation, as well as advise next steps. With affordable fees and flexible payment plans, our skilled criminal lawyers are the best solution to the overwhelming allegations you face.

Don't talk to police about prohibited weapon use - talk to us. 303-830-0880  

Photo by Byron Sullivan

About the Author

Kyle B. Sawyer

I have a passion for defending others in criminal cases. I am able to empathize with my clients and understand their emotions and fears. I have a unique perspective on the criminal justice system and I understand what it feels like to be wrongly accused of a crime.

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