What Are Some Types Of Weapons Charges In Colorado?
Weapons Charges In Colorado Are Serious
In Colorado, weapons charges encompass a range of offenses related to the unlawful possession, use, sale, or distribution of firearms and other weapons. The state’s laws regarding weapons charges are detailed in the Colorado Revised Statutes (C.R.S.), particularly under Title 18, which pertains to criminal law.
The following are some of the primary types of weapons charges in Colorado:
Unlawful Possession of a Weapon
As per C.R.S. 18-12-102, it is illegal for certain individuals to possess firearms or other weapons. This includes individuals with prior felony convictions, juveniles convicted of certain offenses, and those subject to restraining orders related to domestic violence.
Possession of a Dangerous or Illegal Weapon
Under C.R.S. 18-12-102, possessing certain types of weapons is prohibited. These include, but are not limited to, machine guns, short shotguns, short rifles, ballistic knives, and silencers.
Unlawfully Carrying a Concealed Weapon
C.R.S. 18-12-105 prohibits carrying a concealed weapon, including a firearm, without a proper permit. Exceptions apply to individuals in their own dwellings or places of business.
Unlawful Purchase of a Firearm
This charge, as per C.R.S. 18-12-111, involves the illegal purchase of firearms. It includes situations where an individual purchases a firearm on behalf of someone who is prohibited from possessing a firearm (commonly referred to as a “straw purchase”).
Prohibited Use of Weapons
According to C.R.S. 18-12-106, it is an offense to recklessly or with criminal negligence discharge a firearm or shoot a bow and arrow. This statute also prohibits possessing a firearm while under the influence of alcohol or controlled substances.
Defacing a Firearm
As defined in C.R.S. 18-12-104, defacing a firearm involves altering or removing the firearm’s serial number or other identifying mark. Possessing a defaced firearm is also an offense under this statute.
Possession of Weapons by Previous Offenders
C.R.S. 18-12-108 prohibits individuals with prior felony convictions from possessing firearms or certain other weapons.
Juvenile in Possession of a Handgun
C.R.S. 18-12-108.5 specifically addresses the unlawful possession of handguns by juveniles, outlining circumstances under which minors may legally possess handguns.
Illegal Discharge of a Firearm
Under C.R.S. 18-12-107.5, it is an offense to knowingly or recklessly discharge a firearm into any dwelling, occupied structure, or motor vehicle, or in a manner that could reasonably be expected to cause injury or death.
Violation of a Protection Order
C.R.S. 18-6-803.5 makes it an offense for individuals subject to certain protection orders to possess or attempt to purchase a firearm.
Penalties For Weapons Charges
The penalties for weapons charges in Colorado can range from fines and probation to significant prison time, depending on the nature and severity of the offense. Factors influencing the penalties include the type of weapon involved, the defendant’s criminal history, the presence of aggravating factors, and whether the offense involved injury or the threat of injury.
Weapons charges in Colorado cover a broad spectrum of offenses, each with specific legal definitions and associated penalties. Given the complexities and variations in weapons laws, individuals facing such charges or seeking to understand their rights and responsibilities under Colorado law should consult with a qualified attorney. An experienced Colorado Springs Criminal Defense Lawyer can provide guidance tailored to individual circumstances and ensure compliance with state laws and regulations.
Karina Gutierrez Ramos
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