Denver Gun Crime Lawyer

Firearms offenses are treated as serious crimes in Colorado. Even if you are a responsible gun owner and simply made a mistake because you were unfamiliar with a particular law, you still need to be represented by an attorney, as you could be facing jail time and large fines. Denver Gun Crime lawyer Reid DeChant at DeChant Law is familiar with all firearm and weapons laws in Colorado, and can help you devise a defense strategy to have the case thrown out or the penalties reduced.

Penalties for Gun Charges in Colorado

Most firearm charges in the state of Colorado are charged as misdemeanors or Class 6 or Class 5 felonies. For repeat offenders, the classification of crime is often increased (such as going from a Class 1 misdemeanor to a Class 6 felony) after the first offense. While a misdemeanor is a lesser offense, it still carries the possibility of jail if you are convicted. Moreover, being convicted of a firearm offense will impact your ability to legally own a firearm in the future. Other consequences include large fines, probation, community service, and being labeled as a convicted criminal, which can have a large impact on your capacity to find new employment.

• Class 2 Misdemeanor—Up to 120 days in jail and up to a $750 fine
• Class 1 Misdemeanor—Up to a year in jail and up to a $1,000 fine
• Class 6 Felony—Up to 18 months in prison and a fine of up to $100,000
• Class 5 Felony—Up to three years in prison and a fine of up to $100,000
• Class 4 Felony—Up to six years in prison and a fine of up to $500,000

Common Gun and Weapons Offenses in Colorado

Illegal Discharge Of A Firearm. 18-12-107.5 C.R.S.

Involves either aiming or recklessly discharging a firearm into a structure or a vehicle that is occupied. It can be charged as a Class 2 misdemeanor or a Class 5 felony, depending on the specifics of the situation.

Firearm At The Airport/ Gun At Denver International Airport.

Although it is not illegal to take a firearm with you to the airport if you intend to take it on a trip, Proper procedure must be followed in order to lawfully do so. Before you intend to travel with a gun, you should consult with FAA regulations regarding the transport of firearms. If a person is found to have a firearm without following the proper procedures, it is a violation of the Denver Municipal Code when the incident occurs at Denver International Airport.

Defacing A Firearm Or Possession Of A Defaced Firearm. (C.R.S. 18-12-104 And 18-12-103)

It is not only a crime to deface a firearm’s serial number, but also to possess a firearm that has had the serial number defaced. This is important to know because you can be charged even if someone else changed the number and you did not know about it. This is a Class 1 misdemeanor.

Possession Of A Firearm By A Previous Offender 18-12-108 C.R.S.

No one who has previously been convicted of a felony or of conspiracy to commit a felony is legally allowed to possess a firearm or other weapon. This act is charged as either a Class 5 or Class 6 felony.

Possession Of An Illegal Or Dangerous Weapon 18-12-102 C.R.S.

There are certain types of weapons that Colorado law simply does not permit citizens to possess. By statute, these are defined as either “dangerous” or “illegal” weapons, and you can be charged if you knowingly possess any of them. Possession can be charged as a Class 1 misdemeanor or a Class 4 or 5 felony.

Prohibited Use Of A Weapon 18-12-106 C.R.S.

This charge deals with how someone uses a weapon more than the type of weapon. There are a number of things it covers:

1. Aiming a firearm at someone when there is no lawful authority to do so
2. Having a firearm while under the influence
3. Leaving an explosive device, loaded gun, or trap unattended
4. Negligently or recklessly firing a bow and arrow or firearm
5. Unlawfully handling a nunchaku or throwing star

All of these acts are charged as a Class 2 misdemeanor.

Unlawfully Carrying A Weapon On School Grounds 18-12-105.5 C.R.S.

Anyone who brings, carries, or possesses a dangerous weapon on educational grounds without legal authority can be charged with this crime. It is charged as a Class 6 felony.

Unlawful Carrying Of A Concealed Weapon 18-12-105 C.R.S.

In order to carry a concealed weapon in Colorado, the state requires people to have a permit. Anyone who unlawfully carries a concealed firearm or knife without this permit can be charged with this crime. Additionally, it is illegal to carry a concealed weapon into a legislative meeting. This charge is a Class 2 misdemeanor.

Unlawful Purchase Of A Firearm 18-12-111 C.R.S.

There are two ways someone can be charged for this crime. The first is if they purchase a firearm for someone they know is not legally allowed to use that firearm. The second is if they are a licensed firearms dealer and they neglect to post a sign detailing the provisions of this law. This offense can be charged as either a Class 2 petty offense or a Class 4 felony.

Prohibited Weapon Uses

Use in Restricted Areas

Certain locations, such as schools, government buildings, and public transportation, have strict regulations against the possession or use of weapons. It’s important to be aware of these restrictions to avoid unintentional legal violations.

Brandishing or Threatening Use

Displaying a weapon in a threatening manner, even without actual use, can lead to serious charges. This includes cases where a weapon is used to intimidate or coerce others.

Use During the Commission of a Crime

Using a weapon while committing any other crime, such as robbery or assault, typically results in enhanced charges and more severe penalties.

Improper Discharge Firing a weapon in an area or manner that is deemed reckless or without regard for the safety of others is a serious offense. This includes instances of firing a weapon within city limits or in residential areas without a justified cause.

Gun Trafficking and Straw Purchases

Gun Trafficking and Straw Purchases involve two distinct but serious illegal activities related to firearms. Firearm Trafficking is the unauthorized selling, distributing, or moving of firearms, often connected to broader criminal networks. On the other hand, Straw Purchases happen when someone legally buys a firearm for another person who is legally barred from purchasing it themselves, a practice deemed deceptive and subject to strict penalties.

Call a Denver Gun Lawyer Today

If you were arrested for a firearms offense, you need to talk to an attorney right away. Firearms charges should always be taken seriously and handled by an experienced attorney. Denver gun crime lawyer Reid DeChant at DeChant Law understands how precarious your situation is, and will do everything in his power to protect your freedom and your rights. Call DeChant Law today at 303-409-7500 for a free case evaluation.