Under the Second Amendment to the Constitution, your right to bear arms is not unlimited in Larimer County. One way the State of Colorado limits those rights is spelled out in C.R.S. 18-12-106. This statute provides several instances where an individual may be prosecuted for Prohibited Use of Weapons. This statute makes it illegal to: knowingly aim a firearm at another person, recklessly discharge a firearm or shoot a bow and arrow, use a loaded gun as a trap, or the most common of all, possess a firearm while intoxicated. Finally, Colorado law makers also prohibit the use or possession of nunchakus and throwing stars.
[pullquote align=”center” textalign=”center” width=”70%”]Did you know it is illegal in Fort Collins to shoot a sling shot within city limits?[/pullquote]
In addition to the Colorado Prohibited Use of Weapons statute, Ft. Collins, Estes Park, and Loveland, like other municipalities, have related ordinances. Did you know it is illegal in Ft. Collins to shoot a sling shot within the city limits? It is true. Section 17-101 of the Ft. Collins municipal code states “(a) No person shall discharge, fire or shoot any gun, pistol, crossbow, bow and arrow, slingshot or other firearm or weapon whatsoever, including BB guns or pellet guns…” Although Loveland and Estes Park do not use the term sling shot, they prohibit the discharge of gas-operated and spring guns within city limits. Many parents are not aware of these restrictions until they find out the hard way.
What is the Sentencing Range for Prohibited Use of Weapons?
Under Colorado statute, Prohibited Use of Weapons is considered a class 2 misdemeanor, which brings a maximum penalty of one year in jail and a one thousand dollar fine. The stakes are much higher if someone is convicted of this crime for a second time within a five year timeframe. In that case, it is charged as a class 5 felony, which is punishable up to three years imprisonment! This does not apply if someone is guilty of violating the city ordinances discussed above.
When a person is charged and found guilty of a municipal ordinance in a court of record, the maximum punishment for any crime is one year in jail and/or a fine of $2,650.00. The maximum penalty in a court which is not of record is 90 days in jail and/or a fine up to $300.00 (See C.R.S. 13-10-113).
Why You Need and Experienced Prohibited Use of Weapons Defense Attorney in Larimer County
Regardless of whether you are charged with a first time misdemeanor, or a more serious felony, in this age of instant access to personal information, nobody can afford a criminal record. The Criminal Defense Attorneys at the O’Malley Law Office, P.C. understand that even minor convictions can limit job opportunities and the ability to travel to foreign countries.
So if a District Attorney or a City Attorney in Fort Collins, Loveland, or Estes Park has charged you with a weapons charge, be smart, exercise your right to remain silent, and call the O’Malley Law Office at 970-658-0007 for a free consultation, or submit the “Get Help Now” form. Together we can protect your future.