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Prohibited Use a Firearm

Prohibited use of a firearm is a serious criminal charge in Colorado. Section 18-12-106 of the Colorado Revised Code states it is a crime to discharge a firearm, bow, throwing star and nunchaku at another individual. The offense is currently classified as a class 2 misdemeanor.

Facing charges for unlawfully using a firearm in Colorado can be stressful. A firearm conviction could jeopardize your future and leave you facing prison time as well as expensive fines. To avoid a permanent mark on your criminal record, it is best to contact an experienced criminal defense attorney. Law Office of Matthew A. Martin, P.C. can work tirelessly on your behalf to represent you and defend you at all costs.

Firearm Defense Lawyer in Denver, CO

Have you been accused of unlawfully utilizing a firearm in Colorado? If so, it is in your best interest to contact Law Office of Matthew A. Martin, P.C.. Being convicted of utilizing a weapon in the state could land you in jail for months, if not years. The best decision to make it is to hire an experienced criminal defense attorney that can protect your rights.

Law Office of Matthew A. Martin, P.C. has offices in Denver, CO, but accepts clients in Arapahoe County, Adams County, Jefferson County, Douglas County, Boulder County, and Broomfield County. We know how frustrating it can be to face firearm accusations. You do not have to go through this process alone. Call (303) 725-0017 today to obtain a free confidential consultation with Colorado firearm defense attorney Matthew A. Martin at Law Office of Matthew A. Martin, P.C..


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Information Center


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Prohibited Use of Weapons in Colorado

The crime of Prohibited Use of a Firearm is defined under Colorado Revised Statutes 18-12-106. This law prosecutes individuals who:

  • Knowingly and unlawfully aim a firearm at another individual
  • Recklessly discharge a firearm or shoot a bow and arrow with criminal negligence
  • Knowingly set a loaded gun, trap or device designed and leave it unattended by someone competent
  • Possess a firearm while he or she is under the influence of intoxicating liquor or of a controlled substance

Prohibited use of a firearm is currently classified as a class 2 misdemeanor in the state of Colorado. Defendants can face from 3 months to 1 year in jail and $250 to $1,000 in fines. However, Colorado has recently modified the law and as of March 1, 2022, unlawfully utilizing a weapon will be classified a class 1 misdemeanor. Class 1 misdemeanors in the State of Colorado is punishable by 6 to 18 months in jail and $500 to $5,000 in fines.

The crime will only remain a class 2 misdemeanor if the defendant knowingly aims, swings, or throws a throwing star or “nunchaku.” For the purposes of this section, “nunchaku” is defined as an instrument with two sticks, clubs, bars, or rods used as handles, connected by a rope, cord, wire, or chain. It is often utilized as a tool of self-defense. A “throwing star” is defined as any disk with sharp radiating points which is hand-held and thrown.

Is Colorado an Open Carry Firearm State?

Yes, Colorado is an “open-carry” state. When a state has “open carry” laws in place, it means citizens can openly carry their firearm as long as they’re of age, not subject to a protective order, and not legally prohibited to own a firearm. However, municipality restrictions do exist depending on where you are such as what type of firearm you can carry and restrictions on where you can carry. Open carry is legal in Colorado for any individual who is at least 18 years of age and who can legally possess a firearm. However, open carry is not allowed in all counties in Colorado such as Denver County.

Openly carrying a firearm is prohibited on the grounds of a school, university, government property and federal property. Additionally, individuals may not openly carry a loaded firearm if they are in a public transportation facility. The state of Colorado does not require citizens to obtain a permit for open carry, but anyone who wishes to buy a firearm must undergo a background check. However, the State does issue a permit for concealed carry.


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Additional Resources for Prohibited Use of a Firearm

Colorado State Patrol: Gun Laws – Visit the official website for the Colorado State Patrol Department of Public Safety. The site offers answers to frequently asked questions such as “what are Colorado’s laws concerning firearms?” and “is it legal to carry a weapon in Colorado National Forests?”

Colorado Revised Statutes: Firearm Offenses – Visit the official website for the Colorado Revised Statutes to learn more about their laws for firearm crimes. Click the link to view the elements that constitutes each offense and their corresponding penalties.

Colorado Police Department – Visit the official website for the Denver Police Department (DPD). Paul M. Pazen is the current chief. Access the site to learn more about him or to report a crime now.


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Colorado Firearm Defense Attorney | Prohibited Use of a Firearm

If you have been accused of prohibited use of a firearm, don’t fight your charges alone. A skilled criminal defense attorney will know what it takes to get the best possible results in court. Colorado firearm attorney Matthew A. Martin at Law Office of Matthew A. Martin, P.C. carries over 26 years of experience in criminal defense. He will work hard to reduce, if not dismiss your charges.

Law Office of Matthew A. Martin, P.C. accepts clients throughout Denver, CO including Douglas County, Jefferson County, Adams County, Arapahoe County, and Broomfield County. The penalties for firearm crimes include imprisonment and steep fines, so it’s important to act quickly when building your defense. To set up your first consultation which is free of charge, call (303) 725-0017.


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