State and federal laws place significant restrictions on who can own a gun, possess a gun, and what you can do with a gun. If you violate these laws, you could face severe penalties. As a result, you need to be aware of your legal rights and responsibilities by consulting a Brush gun lawyer.
If you are facing gun charges, you likely will want to minimize the potential consequences to the greatest extent possible. A diligent criminal lawyer may present your options and help you determine the best defenses available in your case. You can work toward the solution that is best for you, your family, and your future.
Prohibitions on Possession of Firearms
Both state and federal laws generally prevent individuals from possessing firearms if they are convicted of a felony or any crime resulting in a sentence of incarceration of more than one year. Under C.R.S. § 18-12-108, individuals who have a previous conviction for a felony, attempted felony or conspiracy to commit a felony offense can face Class 6 felony charges for possessing a firearm. Individuals can face Class 5 felony charges for this offense in selected circumstances.
Federal law also prohibits anyone convicted of or even charged with a domestic violence crime from possessing firearms, whether the charge is for a misdemeanor or felony offense. Individuals who are subject to domestic violence protective orders with gun prohibitions in them also may not possess guns while these orders remain in effect.
Furthermore, individuals who intentionally purchase, obtain, or transfer a firearm to others they know or reasonably should know cannot legally possess a gun violate C.R.S. § 18-12-111. These people can face class 4 felony charges for violating this statutory prohibition, which carries the potential for two to six years in prison.
Restrictions on Carrying Guns
State law requires individuals to obtain a concealed carry permit to carry a gun in most places, except in their personal vehicles, homes, places of business, or while hunting. Under C.R.S. § 18-12-203, the sheriff must deny a permit application from selected individuals, such as people under the age of 21, alcoholics, drug users, or people committed to mental institutions. According to a gun lawyer in Brush, carrying a gun without a concealed carry permit is generally a class 2 misdemeanor. Still, individuals with prior felony convictions may face class 5 or 6 felony charges, which could result in 12 to 36 months in prison, depending on the charge.
State law also bans individuals from carrying firearms in specific locations, even if they have valid concealed carry permits. C.R.S. § 18-12-105.5 prohibits individuals from possessing guns on the grounds of any schools, whether private or public. This ban covers all educational institutions from elementary schools to colleges. However, some exceptions do exist for people carrying unloaded guns in their vehicles, as well as for school resource officers and people holding weapon exhibitions or courses.
Illegal Firearm Usage Under State Law
C.R.S. § 18-12-106 addresses various illicit uses of firearms. For example, individuals commit a class 2 misdemeanor offense if they use a gun in the following ways:
- Knowingly and unlawfully aiming a gun at others
- Firing a gun with recklessness or criminal negligence
- Knowingly leaving a loaded gun unattended in a way that it likely will discharge if another encounters it
- Possessing a gun while under the influence of alcohol or drugs
A class 2 misdemeanor conviction can result in three to 12 months of incarceration and fines. Purposely or recklessly firing a gun into a home, building, occupied structure, or vehicle, however, is a class 5 felony under C.R.S.A. § 18-12-107.5. Getting the advice of a seasoned gun attorney in Brush can be crucial to avoiding or minimizing the impact of a felony firearms conviction.
Call a Brush Gun Attorney for Advice
Federal and state gun laws contain substantial restrictions on all aspects of gun ownership and usage. You may quickly run afoul of these laws and face severe ramifications if you violate them. Therefore, consulting a Brush gun lawyer about any criminal gun charges that you may be facing could be beneficial to you.
Experienced legal counsel may advocate on your behalf when you are charged with a gun-related criminal offense. By taking immediate steps to secure legal representation, you may place yourself in a better position to fight back against the charges successfully. Call today to schedule a consultation.