While the U.S. Constitution protects your right to bear arms, there are circumstances in Castle Rock and Douglas County where possessing a weapon is always illegal – like possessing a firearm while intoxicated. A man was recently charged with Prohibited Use of a Weapon for shooting his guns into the air, alarming neighbors, who called the police. When law enforcement arrived, they talked to the man, who was naked and drunk, and arrested him for the weapons charge. The man claimed to just be checking to make sure the guns worked after cleaning them, but it didn’t matter that no one was hurt or that the guns were never pointed at anyone – being under the influence of alcohol or drugs and possessing a gun is enough to get charged with this crime.

Douglas County Prohibited Use of Weapons Lawyer: Definition of Prohibited Use of a Firearm

The Douglas County, Colorado law definition of Prohibited Use of Weapons as it relates to the man above – C.R.S. 18-12-106(1)(d) – is:

“

(1) A person commits a class 2 misdemeanor if:

(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).”

It’s important to note that under the statute, there is no defined level of intoxication. With DUI or DWAI charges, there is a specific blood alcohol content (BAC) level that defines if a person is intoxicated. However, this statute does not address any sort of levels related to intoxication or influence – leaving the discretion to the Castle Rock, Highlands Ranch, and Parker Police.

Sentence for Prohibited Use of Firearms in Castle Rock

As a class 2 misdemeanor in Castle Rock and Douglas County, Prohibited Use of Weapons is punishable by 3 to 12 months in the Douglas County Jail and up to $1,000 in fines.

If you or a loved one has been charged with Prohibited Use of a Weapon, be smart, exercise your right to remain silent, and contact the best criminal defense attorneys from the O’Malley Law Office at 303-265-1950 today. Together, we can protect your future.

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