Prohibited use of firearms, bows, bombs, throwing stars and nunchakus
Section 18-12-106 of the Colorado Revised Statutes (C.R.S.) makes it a crime to discharge or throw certain weapons at another person in Colorado.
Weapons covered by 18-12-106 include:
A first time violation of 18-12-106 C.R.S. is a misdemeanor. Punishment can include a fine of up to $1,000 and up to 12 months in jail.
If, however, within the preceding five years you have a conviction for prohibited use of a weapon, unlawful carrying of a concealed weapon, or possession of a defaced firearm, violation of 18-12-106 C.R.S. is a felony. Penalties for felony use of a prohibited weapon can run as high as 3 years in prison and a $100,000 fine.
To help you better understand Colorado's law against the prohibited use of weapons, our Colorado criminal defense lawyers discuss, below:
- 1. What weapons are prohibited by 18-12-106 C.R.S.?
- 2. Definitions: “criminal negligence,” “knowingly,” “nunchakus,” “possession,” “recklessly,” and "throwing star"
- 3. Penalties for prohibited use of a weapon
- 4. Defenses to 18-12-106 C.R.S.
You violate Colorado's law on prohibited use of a weapon when:
- You knowingly and unlawfully aim a firearm at another person;
- You discharge a firearm or shoot a bow and arrow recklessly or with criminal negligence;
- You knowingly set a loaded gun, trap, or device designed to cause an explosion upon being tripped or approached, and leave it unattended by a competent person immediately present;
- You have a firearm in your possession while you are under the influence of intoxicating liquor or of a controlled substance -- a strict liability offense. This means you don't have to have intended to use the weapon or have acted with any degree of legal culpability. Simply possessing a firearm while intoxicated is a violation of Colorado's law against prohibited use of a weapon;1or
- You knowingly aim, swing, or throw a throwing star or nunchaku at another person, or you knowingly possesses a throwing star or nunchaku in a public place other than for the purpose of presenting an authorized public demonstration or exhibition or pursuant to instruction in conjunction with an organized school or class. When transporting throwing stars or nunchaku for a public demonstration or exhibition or for a school or class, they shall be transported in a closed, nonaccessible container.
2. Definitions: “criminal negligence,” “knowingly,” “nunchakus,” “possession,” “recklessly” and “throwing star”
“Criminal negligence”. A person acts with criminal negligence when, through a gross deviation from the standard of care that a reasonable person would exercise, he fails to perceive a substantial and unjustifiable risk that a result will occur or that a circumstance exists.2
“Knowingly.” A person acts “knowingly” with respect to conduct or to a circumstance described by a statute defining an offense when he is aware that his conduct is of such nature or that such circumstance exists. A person acts “knowingly” with respect to a result of his conduct, when he is aware that his conduct is practically certain to cause the result.3
“Nunchaku” means an instrument consisting of two sticks, clubs, bars, or rods to be used as handles, connected by a rope, cord, wire, or chain, which is in the design of a weapon used in connection with the practice of a system of self-defense.
“Possession.” Under 18-12-106 C.R.S., possession of a firearm requires actual or physical control of the gun. Mere ownership of a firearm is not sufficient to constitute “possession” under the section prohibiting possession of firearms by persons under the influence of alcohol or drugs.4
“(8) “Recklessly”. A person acts recklessly when he consciously disregards a substantial and unjustifiable risk that a result will occur or that a circumstance exists.5
“Throwing star” means a disk having sharp radiating points or any disk-shaped bladed object which is hand-held and thrown and which is in the design of a weapon used in connection with the practice of a system of self-defense. Throwing stars are sometimes referred to as "shurikens."
A first time violation of 18-12-106 C.R.S is a Colorado class 2 misdemeanor. Misdemeanor consequences of prohibited use of a weapon can include:
- 3-12 months in jail, and/or
- A fine of $250-$1,000.
Alternatively, the judge can sentence you to probation.
However, if within the previous five years you have been convicted for possessing a defaced firearm, unlawfully carrying a concealed weapon, or the prohibited use of a weapon, a violation under 18-12-106 C.R.S. becomes a Colorado class 5 felony.
As a class five felony the prohibited use of a weapon carries a possible punishment of:
- 1-3 years in prison (with 2 years mandatory parole), and/or
- A fine of $1,000-$100,000.
There are quite a number of defenses to charges of prohibited use of a weapon. Some of the more common are:
- You didn't meet the required state of mental culpability (recklessly, knowingly, etc);
- You didn't know the weapon was loaded;
- You didn't have actual physical control of the weapon;
- You had the legal right to discharge the weapon at the time and place;
- You were the victim of mistaken identification; or
- The weapon was discovered during an illegal search and seizure.
Call us for help…
If you or someone you know has been arrested for a Colorado firearms offense or other weapons charges, we invite you to call us for a free consultation.
Our caring Colorado criminal attorneys have decades of experiences defending clients accused of gun, knife, and other weapons crimes, as well as assault and other gun-related offenses.
We are a firm that represents clients throughout the state of Colorado, with home offices in Denver.
To get a prompt callback from one of our skilled defense lawyers, simply fill out the confidential form on this page. Or, if you prefer, call us at:
Colorado Legal Defense Group
1400 16th Street
16 Market Square
Denver CO 80202
- People v. Wilson, App.1998, 972 P.2d 701, modified on denial of rehearing, certiorari denied.
- 18-1-501 (3) C.R.S.
- 18-1-501 (6) C.R.S.
- People v. Garcia, 1979, 595 P.2d 228, 197 Colo. 550; People v. Garcia, 1979, 595 P.2d 228, 197 Colo. 550.
- 18-1-501 (6) C.R.S.