Grand Junction Gun Violation Attorneys
In addition to the many crimes that may be committed using a firearm, Colorado has a long list of offenses pertaining to the guns themselves. Residents ages 18 and older are permitted to own and possess lawful firearms and ammunition, unless prohibited from doing so under state law for any of a long list of reasons. However, there are specific laws about how guns may be owned, possessed, and used in Colorado. Conviction of a gun violation can carry heavy penalties, including jail time and fines.
As each state has its own set of unique laws, which may also be updated and changed, this causes certain levels of confusion for gun owners. Our team of Grand Junction gun violation attorneys has spent years defending clients’ rights to bear arms. Call our office today at (970) 243-4357 to receive a free consultation.
Offenses specifically addressed at guns under Colorado state law include the following:
- Unlawfully carrying a concealed weapon: Unless you have a permit to do so on your person, the law prohibits carrying a concealed weapon in Colorado. A first-time violation is a Class 2 misdemeanor, punishable by a fine of up to $1,000 and up to one year in jail.
- Illegal discharge of a firearm: It is a felony to knowingly or recklessly discharge a firearm into a dwelling, building, or occupied structure, or into a motor vehicle occupied by a person. This offense is punishable by up to three years in prison and/or a fine of up to $100,000.
- Unlawful purchase of firearms: It is a Class 4 felony to knowingly purchase or obtain a firearm for a person who you know is ineligible to possess one under state or federal law. Penalties for unlawful purchase of a firearm include two to six years in prison with three years mandatory parole, forfeiture of your weapon, and/or a fine of $2,000 to $500,000.
- Prohibited use of weapons: This offense may involve: knowingly aiming a firearm at another person; recklessly or with criminal negligence discharging a firearm or shooting a bow and arrow; knowingly setting a loaded gun, trap, or device designed to cause an explosion upon being approached or tripped and leaving it unattended; having a firearm in your possession while under the influence of alcohol or drugs; or knowingly aiming, swinging, or throwing a star or nunchaku at another person. A first-time offense is charged as a misdemeanor and punishable by a fine of up to $1,000 and up to 12 months in jail.
Residents who are eligible to lawfully possess a gun may carry a lawful firearm:
- In a vehicle for the purpose of protecting their own property, or someone else’s, while travelling; and
- In their home, place of dwelling, or business.
It is illegal to own or possess certain types of firearms and gun accessories in Colorado. The forbidden list includes:
- Machine guns
- Armor-piercing ammunition
- Firearm silencers
- Short-barreled shotguns (barrel less than 18 inches or an overall length less than 26 inches)
- Large-capacity ammunition magazines, holding more than 15 rounds (if purchased after July 1, 2013)
- Any defaced firearm in which the serial number or other distinguishing number or identification mark has been removed, altered, defaced, or destroyed, except by normal wear and tear
- Short rifles (barrel less than 16 inches or overall length less than 26 inches)
Legal firearms in the state of Colorado include:
- Full-length rifles (long guns)
- Full-length shotguns
- Handguns, revolvers, pistols, and other firearms with a barrel more than 12 inches in length (excludes any detachable, revolving, or magazine breech)
- Antique firearms manufactured before 1898
- Firearms defined as relics or curios by U.S. law
Individuals permitted to possess firearms may open carry the above weapons in Colorado, as long as the location allows it.
It is also important to note the Law Enforcement Officers Safety Act (LEOSA), which allows qualified peace officers and agency officers, both retired or currently working, to carry concealed firearms even when local and state laws prohibit the act of concealed carry. LEOSA amends the Gun Control Act of 1968.
There are several means of defense for those charged with a gun violation. For instance, Colorado is what is known as a “castle doctrine” state. Castle doctrine states allow the use of deadly force in one’s own home as a means of self-protection.
Depending on your specific type of gun violation, our attorneys have several means of defense, including:
- Your gun was accidently discharged.
- Your gun was fired as an act of self-defense or in defense of others.
- You had a permit for your gun.
- The police conducted an illegal search of your property in order to seize evidence.
Our team can work to expertly defend you against the following charges:
- Prohibited use of weapons.
- Use of stun guns.
- Possessions of weapons by previous offenders.
- Unlawful purchase of a firearm.
- Possession of handguns by juveniles.
- Unlawfully permitting or providing a juvenile to possess a handgun.
- Shooting from a public road.
- Using large-capacity magazines.
- Unlawful carrying of a weapon on school property.
- Unlawful carrying of concealed firearms.
Gun violation convictions can carry heavy penalties, including a jail or prison sentence. It is important to get an experienced attorney by your side who believes in the Second Amendment and your right to bear arms, and will fight to defend it. Our Grand Junction criminal defense lawyers at Peters & Nolan, LLC, have a successful track record, saving years of incarceration for our clients. If you have been charged with gun violations, contact us at (970) 243-4357 to discuss your case.
- Charges: Possession of weapons by a previous offender
∗ Result: Not guilty at trial
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∗ Not all criminal cases are the same. These results are from actual cases handled by the attorneys at Peters & Nolan, LLC. This is not a representation, guarantee or promise as to the results or outcome of your particular matter.
Peters & Nolan, LLC is your ideal source for high quality legal representation throughout the state of Colorado. Known for being personable and responsive, attorneys Andrew J. Peters and Andrew Nolan are aggressive trial lawyers with an excellent record of trying and settling cases in criminal defense, DUI/DWAI and personal injury.