Prohibited Use of a Weapon is charged in Greeley and Weld County for various different reasons, but the most common reason is for someone being drunk with a gun. Possessing a firearm while under the influence of alcohol or drugs is an easy way to get charged with this crime.
Weld County Prohibited Use of Weapons Attorney: How is Prohibited Use of a Weapon Charged in Colorado?
The Weld County, Colorado law definition of Prohibited Use of Weapons – C.R.S. 18-12-106 – is:
(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).
As you can see, it doesn’t matter if you have your concealed carry permit. If you are contacted by law enforcement and they determine you are under the influence and in possession of a firearm, you will be charged with this crime.
Penalty for Prohibited Use of a Weapon in Erie and Evans
In Erie, Evans, and across Weld County, possessing a firearm while under the influence of alcohol is a class 1 misdemeanor. This level misdemeanor is punishable by up to 364 days in the Weld County Jail.