The right to keep and bear arms is guaranteed in the United States Constitution. At the same time, gun-related state and local laws in America vary considerably from one location to another. If you are facing a gun-related charge, you should speak to a Loveland gun lawyer who can help you understand the charges and can help you build a defense. Justie and Jenn know what it takes to fight a gun charge. Reach out to a knowledgeable criminal attorney to discuss your legal rights and options.
Possession Offenses under Colorado State Law
Under state law, per §18-12 of the Colorado Revised Statutes carrying a firearm concealed on one’s person constitutes a class 2 misdemeanor, with only limited exceptions. The previous law in Colorado that sanctioned permits to carry concealed weapons was repealed, but an exception to the law exists for a person who was issued such a permit prior to the appeal. According to C.R.S. § 18-12-209, a temporary emergency permit to carry a concealed handgun may be issued by a sheriff who determines the applicant to be in immediate danger.
Under C.R.S. § 18-12, it is a class 5 felony to knowingly possess a dangerous weapon, a category that includes silencers, machine guns, short shotguns, and short rifles. It is a class 1 misdemeanor to knowingly possess an illegal weapon, a category that includes gas guns. It is also unlawful to possess any firearm with a defaced or destroyed serial number. Likewise, if you’ve been previously convicted of a felony—even a deferred sentence successfully completed—you may be guilty of possession of a weapon by a previous offender if caught with a gun in your possession or control.
Lawful Arrest and Prosecution for Gun-Related Charges
According to C.R.S. §16-3 and 16-4, under certain conditions, a court may issue a search warrant for and take custody of firearms as long as specific criteria exist to establish probable cause. Likewise, if you are accused of Domestic Violence (DV) in any way, you can be ordered to relinquish all guns and ammunition in your possession or control before you are allowed to bond out of jail. This is also a condition of the Mandatory Protection Order (or MPO) in every DV case, and these requirements exist from the first date you bond through the life of the case—even if you’re never convicted. Other circumstances may justify a strip search or pat-down of a detained person by a law enforcement officer, but again, specific conditions must be met. A gun-related charge or prior conviction may also affect a defendant’s eligibility for parole.
The evidence that can be used against a defendant depends on whether such criteria are met. A person facing a criminal charge under circumstances like these may find it advisable to consult an experienced Loveland gun attorney.
Additional Offenses under Municipal Law
If an individual displays a firearm to cause alarm or fear, they could be charged with disorderly conduct, as per Loveland Municipal Code, per §9.32.010. The code also prohibits discharging a firearm within the city limits without a permit except as recognized by law to defend a person, property, or premises by use of force. Exceptions for law enforcement officers exist.
Speak to a knowledgeable firearms attorney to understand the various charges regarding gun offenses. Because you can be charged at both the state and local level, it is important to know your rights and obligations as a gun owner in the state of Colorado.
Fight the Charges with the Help of a Loveland Gun Attorney
It could be difficult fighting firearm charges alone, especially if you are unfamiliar with the gun laws in Colorado. To protect yourself and your civil liberties if you have been charged with a firearm-related crime, speak to a knowledgeable Loveland gun lawyer. Justie, Jenn and the legal team at Colorado Lawyer Team are ready to help your case. Call today to get started building your defense.