Possessing a gun is a big responsibility in Fort Collins, Loveland, and Estes Park. It is an even bigger responsibility when a position of trust accompanies the weapon possession. One Denver police sergeant is feeling the weight of that responsibility after receiving criminal charges for using his weapon inappropriately while on duty. According to the news report, the sergeant was in a meeting with internal affairs and asked other officers a procedural question. He was, apparently, unhappy with the response and proceeded to unholster his gun, and point it at the officer he was talking to. The other officer felt threatened and reported the incident. Even though the sergeant claimed he was just joking, he pled guilty to Prohibited Use of a Weapon and was demoted within the department.
Larimer County Prohibited Use of a Weapon Lawyer: What is the Definition of Prohibited Use of a Gun?
The 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).
(e) He knowingly aims, swings, or throws a throwing star or nunchaku as defined in this paragraph (e) at another person, or he knowingly possesses a throwing star or nunchaku in a public place except for the purpose of presenting an authorized public demonstration or exhibition or pursuant to instruction in conjunction with an organized school or class. When transporting throwing stars or nunchaku for a public demonstration or exhibition or for a school or class, they shall be transported in a closed, nonaccessible container. For purposes of this paragraph (e), “nunchaku” means an instrument consisting of two sticks, clubs, bars, or rods to be used as handles, connected by a rope, cord, wire, or chain, which is in the design of a weapon used in connection with the practice of a system of self-defense, and “throwing star” means a disk having sharp radiating points or any disk-shaped bladed object which is hand-held and thrown and which is in the design of a weapon used in connection with the practice of a system of self-defense.
Based on the information provided in the article, the sergeant was charged with Prohibited Use of a Weapon for part (a) – aiming a firearm at another person. Now, normally, it would not be a criminal action for a Larimer, Boulder, or Grand County police officer to aim his or her gun at another person, but because the sergeant was not acting under his authority while on duty, he will have this class 2 misdemeanor on his criminal record.
What is the Punishment for Prohibited Use of Firearms in Loveland?
As a class 2 misdemeanor, Prohibited Use of a Weapon in punishable by 3 to 12 months in the Larimer County Jail and up to $1,000 in fines. Based on the fact that the officer still has his job, I would guess that he took some sort of plea deal that guaranteed he would not have to serve any time. The sergeant will also have to remain law abiding for two years or he will be fired from the Denver police force.