Colorado has a complex and often misunderstood relationship with firearms and weapons law. On one hand, the state has a strong tradition of gun ownership, hunting, and Second Amendment rights, values that run deep in agricultural communities like those throughout Weld County. On the other hand, Colorado maintains a detailed body of criminal statutes that regulate the possession, carrying, and use of weapons in ways that routinely surprise law-abiding residents who believed they were acting within their rights.
Weapons charges in Greeley and Weld County range from misdemeanors to serious felonies, and the consequences of a conviction (including the permanent loss of the right to own firearms) can follow a person for life. Understanding where Colorado law draws the lines is essential for anyone facing these charges or anyone who wants to avoid them.
Greeley, Colorado’s Most Commonly Charged Weapons Offenses: A Weld County Defense Attorney Explains
Unlawful Carrying of a Concealed Weapon
Under C.R.S. § 18-12-105, it is unlawful for a person to carry a concealed firearm or a knife on their person without a valid concealed weapon permit. Unlawful Carrying of a Concealed Weapon is a class 1 misdemeanor, carrying up to 364 days in the Weld County Jail and fines.
Prohibited Use of a Weapon
C.R.S. § 18-12-106 covers a range of conduct involving the reckless or unlawful discharge or use of a weapon. This includes knowingly and unlawfully aiming a firearm at another person, recklessly or with criminal negligence discharging a firearm or bow and arrow, and possessing a firearm while under the influence of intoxicating liquor or controlled substances.
This charge is a class 1 misdemeanor in most circumstances, but the facts driving it (like a discharged weapon near homes or people) often mean prosecutors treat these cases with heightened seriousness, and additional charges such as Reckless Endangerment may accompany it.
Possession of a Weapon by a Previous Offender (POWPO)
One of the most serious weapons charges in Colorado, and one of the most frequently filed in Weld County, is Possession of a Weapon by a Previous Offender under C.R.S. § 18-12-108. This statute prohibits any person who has been convicted of certain felony offenses, or who has been adjudicated as a juvenile delinquent for certain offenses, from knowingly possessing, using, or carrying a firearm or other dangerous weapon.
POWPO is a class 5 felony, carrying one to three years in the Colorado Department of Corrections For anyone with a prior felony conviction, even lawful-seeming contact with a firearm like picking up a weapon at a relative’s home, handling a gun at a sporting goods store, or being present when others are shooting, can trigger this charge. The breadth of “possession” under Colorado law includes actual and constructive possession, meaning a person need not be holding a weapon to be charged with possessing it.
Illegal Discharge of a Firearm
Discharging a firearm into an occupied structure or vehicle is a standalone felony offense under C.R.S. § 18-12-107.5. This charge is a class 5 felony and applies regardless of whether anyone was injured, and regardless of intent in some circumstances.
Felony Menacing with a Weapon
Menacing, placing another person in fear of imminent serious bodily injury, becomes a class 5 felony when committed with a real or simulated deadly weapon under C.R.S. § 18-3-206. Pointing a firearm at someone during an argument, displaying a weapon during a road rage incident, or brandishing a knife in a threatening manner can all support a felony menacing charge. This charge is frequently filed alongside Domestic Violence designations, which adds mandatory protection orders and additional collateral consequences.
How Weapons Charges Arise in Weld County
In Greele, Evans, Windsor, Firestone and the surrounding communities, weapons charges typically surface in several common scenarios.
Traffic stops are among the most frequent. A stop for a minor traffic violation that reveals a firearm in the vehicle, whether properly secured or not, can quickly escalate into a weapons charge, particularly if the driver has a prior felony conviction, lacks a concealed carry permit, or appears to be under the influence.
Domestic Violence calls regularly produce weapons charges when a firearm is present in a home where a protection order is in effect, or when a weapon is used in a threatening manner during a domestic dispute. The presence of a weapon in a Domestic Violence context triggers enhanced law enforcement scrutiny and often results in multiple charges.
Drug investigations frequently uncover weapons. When law enforcement executes a search warrant for drugs and finds a firearm on the premises, weapons charges are almost always added and the combination of drug and weapons charges carries significantly elevated sentencing exposure.
Dispute escalations like arguments between neighbors, road rage incidents, bar fights that spill into parking lots, sometimes involve weapons being displayed, fired, or used as threats, producing both weapons and assault charges arising from the same event.
The Consequences of a Conviction Go Beyond the Sentence
A weapons conviction in Colorado, even a misdemeanor, can permanently affect the right to own and possess firearms under both state and federal law. For hunters, competitive shooters, and the many Weld County residents for whom firearms are part of daily life and livelihood, this consequence can be as devastating as any prison sentence. Professional licenses, security clearances, and employment in law enforcement, military service, or private security are all jeopardized by weapons convictions. For non-citizens, weapons charges carry serious immigration consequences including deportation and inadmissibility.
If you or a family member is facing a weapons charge anywhere in Weld County, including Greeley, Evans, Windsor, Eaton, Fort Lupton, or Milliken, contact O’Malley Law Office at 970-616-6009 immediately for a free and confidential consultation. Weapons cases move quickly, and the decisions made in the first days after an arrest can determine the outcome of your entire case.
Photo by DUONG QUÁCH