American citizens have the right to bear arms under the Second Amendment of the U.S. Constitution. This right, however, comes with qualifications.
You are not allowed to carry and use deadly weapons wherever and however you see fit. In fact, there are many laws in Colorado to regulate weapons to keep people safe.
What do these laws cover? How weapons can be used. Who can use them? When. Where.
As you might imagine, these rules can be quite confusing and complex. You can potentially be charged with a crime for using a weapon in the wrong place or way. Those who have had their gun rights rescinded or limited can be charged merely for possessing a weapon.
If you find yourself arrested or charged with a weapons violation, it can be both frustrating and scary and seem incredibly unfair.
You will likely worry about what is going to happen to you. Will you go to prison? Have to pay high fines? Lose your gun rights? Be fired from your job? How will your family and friends react?
You may want to try to talk your way out of it. Argue that your rights are being violated. Provide reasons why the police should not be charging you.
This instinct is understandable, but it is a mistake. Always remember that law enforcement officials can use anything you say against you. Even if you think you are helping yourself, it is all too easy to say or do something that can end up hurting your case.
As an experienced Denver criminal attorney, Jacob Martinez has seen this happen again and again over the course of his career. The law is complicated. If you have not spent years studying and practicing it, you cannot possibly know how what you do may help or hurt your situation.
Mr. Martinez does, though, and he has been able to use that knowledge to help countless people just like you to craft the strongest possible defense and get their charges reduced, dropped, or dismissed. If you decide to work with him, he will treat your case with the utmost seriousness and pursue every available legal avenue to help you reach a positive outcome.
Weapons Crimes in Denver That Jacob Martinez Can Help You Fight
Defending yourself against Colorado weapons charges starts with understanding exactly what you are up against. As mentioned above, there are all kinds of laws on the books and numerous ways that you can violate them.
Weapons offenses the Law Office of Jacob E. Martinez can help you with include:
Defacing a Firearm. This involves altering, covering, destroying, or removing a firearm’s serial number. It is charged as a Class 1 misdemeanor.
Illegal Discharge of a Firearm. 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.
Possession of a Defaced Firearm. 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. 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. There are certain types of weapons that Colorado law simply does not permit citizens to possess. These include:
- Ballistic Knives
- Firearm Silencers
- Gas Guns
- Gravity Knives
- Machine Guns
- Metallic Knuckles
- Short Rifles
- Short Shotguns
- Switchblade Knives
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. This charge deals with how someone uses a weapon more than the type of weapon. There are a number of things it covers:
- Aiming a firearm at someone when there is no lawful authority to do so
- Having a firearm while under the influence
- Leaving an explosive device, loaded gun, or trap unattended
- Negligently or recklessly firing a bow and arrow or firearm
- 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. 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. 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. 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.
Start Defending Your Future Now by Reaching Out to Denver Criminal Lawyer Jacob Martinez
With charges that range from a Class 2 petty offense to a Class 4 felony, weapons crimes run the gamut in terms of consequences. In some cases, you may only need to pay a moderate fine, while in others you could be facing years in prison. Moreover, often weapons charges are tied to related offenses, such as robbery, assault, and domestic violence.
In order to sort through the tangled legal web and figure out what your options are and how to best proceed, you need a skilled Colorado weapons crimes attorney like Jacob Martinez. He will help you understand your charges and what the process is going to be like, so you know what you will face and can be prepared.
Want to learn how he can help you? Get in touch with our office immediately to set a free initial consultation.