Prohibited use of weapons in Colorado

What the charge means

The statute lists several separate ways to commit this offense. Prosecutors must prove one of them beyond a reasonable doubt:

• Aiming a firearm. Knowingly and unlawfully aiming a firearm at another person.
• Careless discharge. Recklessly or with criminal negligence discharging a firearm or shooting a bow and arrow. Recklessly means consciously disregarding a substantial risk. Criminal negligence means grossly failing to notice that risk.
• Gun while intoxicated. Possessing a firearm while under the influence of alcohol or a controlled substance. The gun does not have to be used or even touched during the incident, and having a concealed carry permit is not a defense to this count.
• Trap guns. Knowingly setting a loaded gun or similar device rigged to fire when tripped or approached, then leaving it unattended.
• Throwing stars and nunchaku. Aiming, swinging, or throwing one at another person, or possessing one in public outside of narrow martial arts exceptions.

Common scenarios include a homeowner who answers a late night dispute with a gun in hand after drinking, a hunting or target shooting accident, and a heated argument where someone claims a gun was pointed at them. In the intoxication cases, what "under the influence" means and what "possession" means are both fair game for the defense.

Classification and sentencing

The firearm, bow, and trap gun counts are a class 1 misdemeanor. Under C.R.S. 18-1.3-501, as revised by Senate Bill 21-271, that carries up to 364 days in jail, a fine of up to $1,000, or both, but only if the court chooses to impose jail at all. The throwing star and nunchaku counts are a class 2 misdemeanor, which caps at 120 days in jail and a $750 fine, again only if jail is imposed. Probation, fines, classes, and other non-jail sentences are common outcomes for this charge, and nothing in the statute mandates jail.

Two enhancers are worth knowing:

• Repeat weapons offenses. Under C.R.S. 18-12-107, a second conviction under this same statute within five years of the first is a class 5 felony.
• Domestic violence label. If the conduct happened against an intimate partner, the DV designation can attach. That is not a separate crime, but it adds mandatory treatment, a protection order, and firearm relinquishment during the case, and a DV misdemeanor conviction triggers a federal gun ban.

What else it touches

Even as a misdemeanor, this charge has reach:

• Firearms and permits. A conviction can lead a sheriff to deny or revoke a concealed handgun permit. If the DV label attaches, federal law bars gun possession after conviction.
• Immigration. Federal law makes a noncitizen deportable for a firearm offense conviction, even a misdemeanor.
• Record sealing. A class 1 misdemeanor conviction is generally eligible for sealing after a waiting period, usually three years from the end of the case or sentence, if other requirements are met. Cases that end in dismissal or acquittal can usually be sealed right away.
• Background checks. Employers and landlords will see a weapons conviction until it is sealed.

We defend prohibited use of weapons charges across Colorado. A consultation is the right place to get answers about your specific facts, from the stop and the sobriety evidence to who actually possessed the gun.