In Greeley, Colorado, gun ownership is a constitutional right, but it comes with serious legal responsibilities. One mistake, like handling or carrying a firearm while intoxicated, can lead to criminal charges under Colorado’s Prohibited Use of Weapons law, even if no one gets hurt and the weapon was never fired. At O’Malley Law Office, we help good people who’ve made a mistake or who are being unfairly charged, navigate the criminal justice system and protect their future.
Here’s what you need to know if you or someone you know is facing charges for possessing or using a gun while under the influence of alcohol or drugs in Colorado.
What Is “Prohibited Use of Weapons” in Weld County, Colorado?
Under Colorado Revised Statutes § 18-12-106, it is a criminal offense to possess or use a firearm in certain dangerous or reckless ways. One of the most commonly charged sections is:
In other words, simply having a firearm while intoxicated—even if it’s holstered or not in use—can lead to criminal charges.
Prohibited Use of a Weapon Charges in Firestone: You Don’t Have to Fire the Gun to Be Charged
This surprises many people. You do not have to brandish, point, or fire the gun to be arrested under this law. You can be charged simply for being drunk and in possession of a firearm, such as:
- Carrying while intoxicated in a bar or at a party
- Sitting in your car with a gun after drinking
- Hunting while under the influence
- Having a firearm on your person while impaired in public or even at home (in some cases)
Penalties for Prohibited Use of a Weapon While Intoxicated in Erie and Evans
Prohibited Use of a Weapon is a Class 2 misdemeanor in Erie and Evans, Colorado. If convicted, you may face:
- Up to 120 days in jail
- Fines up to $750
- Probation
- Temporary or permanent loss of gun rights
- A permanent criminal record
If the incident involved an actual discharge of the weapon, injury to another person, or additional charges (such as Resisting Arrest or Reckless Endangerment), the penalties can be much more severe.