A Good Samaritan Faces Felony Charges | Weapons in Greeley

A man who tried to stop a Robbery now faces a Weapons charge. Read more in our blog.

A man thought he was doing the right thing when he intervened to stop an armed Robbery at a local bar. The neighborhood where the bar is located and where he lives is what he calls “not really the nicest,” so the man bought a Tazer to carry around with him for protection. He pulled it out when a masked woman entered the bar, pulled out a gun and demanded all the money in the bar. As he approached the woman, he sparked the Tazer, which scared the robber and she fled from the bar. The woman was caught outside the bar, and when the police got the statements about what happened, they passed on the information to the DA who is considering charging the man with Possession of an Electronic Weapon- a felony in the state where the incident occurred.

Unlawful Possession of Weapons in Weld County

Fortunately, in Colorado the laws are a little different than those in the state where this Attempted Robbery occurred. In Northern Colorado, Unlawful Possession of Weapons only refers to knives, firearms, or explosive devices as explained below by Colorado law in C.R.S. 18-12-105:

A person commits a class 2 misdemeanor if such person knowingly and unlawfully:

  • Carries a knife concealed on or about his or her person; or
  • Carries a firearm concealed on or about his or her person; or
  • Without legal authority, carries, brings, or has in such person’s possession a firearm or any explosive, incendiary, or other dangerous device on the property of or within any building in which the chambers, galleries, or offices of the general assembly, or either house thereof, are located, or in which a legislative hearing or meeting is being or is to be conducted, or in which the official office of any member, officer, or employee of the general assembly is located.

There are exceptions to this law in Weld, Morgan and Logan County. There are no legal ramifications if the person with the weapon:

  • Was in their house or on their property
  • Was in a private automobile or vehicle and carrying the weapon for lawful protection.
  • Has a valid concealed carry permit
  • Is a peace officer carrying the weapon in accordance with employment policies

It is important to note in Colorado, stun guns, or Tazers, are not included in this statute. In fact, the only statute relating to this weapon is C.R.S. 18-12-106.5 Use of Stun Guns.

Use of Stun Guns in Greeley and Windsor

C.R.S. 18-12-106.5. – Use of Stun Guns – is defined by Colorado law as:

A person commits a class 5 felony if he knowingly and unlawfully uses a stun gun in the commission of a criminal offense.

Considering the man in the story above, he would not have violated this Colorado law either. In order for this crime to be charged in Greeley, Evans and Erie, the stun gun must be used while committing another crime. The Good Samaritan was not committing any offense, so this statute would not apply. Unfortunately for him, laws are different from state to state and where he lives, he could face felony charges.

If you or someone you love has been charged with a Weapon Crime, be smart, exercise your right to remain silent, and contact the O’Malley Law Office at 970-616-6009 to schedule a free consultation today. We can also set up a Weld County Jail visit or attorney meeting. Together, we can protect your future.

Image Credit: Pixabay – johnhain