DeChant Law

Weapon Crime Denver Lawyer

Below you will find a list of the most common weapons related charges along with answers to the most commonly asked questions about weapon offenses.

Facing Weapon Charges? Know Your Rights and Options

Weapon offenses in Colorado vary in severity, from minor misdemeanors to major felonies, based on the specifics of the violation. Such charges may result in serious consequences, including substantial fines, jail time, and enduring effects on both your personal and professional spheres. Therefore, securing the assistance of a well-versed and seasoned attorney is critical in these situations.

At DeChant Law, we believe in a personalized approach to legal defense. We understand that each case is unique, and we are committed to providing you with the tailored legal strategy you need. Our experienced team will work diligently to defend your rights, ensuring the best possible outcome for your situation.

If you’re charged with a crime and facing weapon-related charges, don’t navigate this complex legal landscape alone. Contact DeChant Law today for a consultation, and let us help you take the first step towards protecting your future.

Types of Weapon Crimes

Illegal Possession of Firearms

This charge is relevant for individuals who are legally prohibited from owning firearms, such as those with certain criminal convictions or under specific court orders.

Unlawful Discharge of a Firearm

This involves instances where a firearm is discharged in a manner or location that is against the law.

Possession of a Defaced Firearm

This pertains to having a firearm with removed or altered identification marks, like serial numbers.

Penalties For Weapons Crimes In Colorado

Facing firearm or dangerous weapon charges runs the risk of being charged not only at the state level, but also federally. Additionally, if a weapon was used in a crime, you run the risk of the charge falling under a Crime of Violence which carries special penalties.

Use the table to see the standard ranges of penalties for state charges and match it to your charge listed below.
Class Presumptive Aggravated Min $ Max $
F2 8-24 years 16-48 years $5000 $1,000,000
F3 4-12 years 8-24 years $3000 $750,000
F4 2-6 years 4-12 years $2000 $500,000
F5 1-3 years 2-6 years $1000 $100,000
F6 12-18 months 15-36 months $1000 $100,000
  Min Jail Max Jail    
M1 6 months 18 months $500 $5000
M2 3 months 12 months $250 $1000
M3 0 6 months $50 $750

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.
Firearm Trafficking and Straw Purchases
Firearm 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.
Legal Representation
In cases involving weapon crimes, having a skilled attorney is vital. They guide you through the judicial system, safeguarding your legal rights. Your attorney will develop a defense strategy specific to your situation, potentially reducing the severity of any charges. They assist in understanding the complex weapon laws and skillfully maneuver through legal proceedings. The choice of an appropriate lawyer is critical in influencing your case’s outcome.

If you or someone you know is facing weapon crime charges, immediate legal consultation is essential. At DeChant Law, we are committed to providing expert legal guidance and support. To discuss your case and explore your legal options, contact us!

About DeChant Law

Recognizing that clients often approach him during some of the most challenging moments in their lives, Mr. DeChant prioritizes transparency and honesty. He refrains from making promises he cannot keep and instead offers unvarnished truths. When you consult with Mr. DeChant, expect an honest assessment of your situation, empowering you to make informed decisions about your case.

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