“Illegal Discharge of a Firearm” in Colorado – § 18-12-107.5 CRS

CRS § 18-12-107.5 is the Colorado statute that prohibits the illegal discharge of a firearm. This means knowingly or recklessly shooting into a home, building, occupied structure or automobile. The offense is a class 5 felony punishable by

• one to three years in prison and
• $1,000 to $100,000 in fines.

Common defenses include that you were merely negligent, or you were acting in self-defense

The full language of the code section reads as follows:

(1) Any person who knowingly or recklessly discharges a firearm into any dwelling or any other building or occupied structure, or into any motor vehicle occupied by any person, commits the offense of illegal discharge of a firearm.

(2) It shall not be an offense under this section if the person who discharges a firearm in violation of subsection (1) of this section is a peace officer as described in section 16-2.5-101, C.R.S., acting within the scope of such officer’s authority and in the performance of such officer’s duties.

(3) Illegal discharge of a firearm is a class 5 felony.

In this article, our Denver Colorado criminal defense lawyers will answer the following key questions:

• 1. What is the illegal discharge of a firearm in Colorado?
• 2. What is the penalty under CRS 18-12-107.5?
• 3. What are ways to fight the charges?
• 4. Are there immigration consequences?
• 5. Can I seal my criminal record?

Firing a gun into an occupied vehicle violates CRS 18-12-107.5.

1. What is the illegal discharge of a firearm in Colorado?

The illegal discharge of a firearm has two elements:

1. You knowingly or recklessly fire a gun
2. Into a dwelling, building, occupied structure, or occupied motor vehicle

1.1. Knowingly or recklessly

You act knowingly when you are aware that your conduct is practically certain to cause the end result. So when you knowingly shoot a gun aimed at a trailer, you fully realize that the bullet will most likely hit the trailer.¹

Meanwhile, you act recklessly when you consciously disregard a substantial and unjustifiable risk. So when you recklessly wave around a loaded gun near a trailer, you are assuming the likelihood that the gun will go off and hit the trailer.²

In sum, an illegal discharge of a firearm can be intentional, such as a drive-by shooting into a car or building. Or an illegal discharge of a firearm can be extremely careless, such as taking potshots at a building while purposely ignoring the risk that someone may be inside. Though an illegal discharge of a firearm does not comprise situations that are innocent accidents or where you acted merely negligently.

1.2. Into a building or occupied motor vehicle

To prove illegal discharge of a firearm, prosecutors do not have to show that a bullet actually entered a dwelling or the passenger compartment of a vehicle. Firing into an occupied dwelling or vehicle is a crime regardless of whether an occupant is actually endangered.³

Moreover, Colorado courts broadly define the word into.⁴ The bullet does not even need to pierce the exterior of the house, let alone enter its interior. Simply firing a bullet into the materials the house is built of – such as grazing a roof shingle – is sufficient to qualify as illegal discharge of a firearm.⁵

2. What is the penalty under CRS 18-12-107.5?

Illegal discharge of a firearm is a class 5 felony in Colorado. The sentence is:

• 1 to 3 years in Colorado State Prison (with 2 years mandatory parole), and/or
• A fine of $1,000 to $100,000.

Illegal discharge of a gun is a class 5 felony in Colorado.

3. What are ways to fight the charges?

The best defense to illegal discharge of a firearm depends on the specific facts of each case. Six potential defenses include:

1. You were not knowing or reckless but just negligent.
2. You did not know the gun was loaded.
3. You reasonably fired the gun in self-defense or defense of others. ⁶
4. Someone else fired the gun, and you are the victim of mistaken identity.
5. You were falsely accused by someone else.
6. You were a peace officer acting within the scope of your authority and in the performance of your duties.

4. Are there immigration consequences?

Yes. Gun-related convictions are usually grounds for deportation in the U.S.⁷ Consequently, non-citizens facing charges of illegal firearm discharge should consult an experienced lawyer right away. It may be possible to get the charge dropped or reduced to a non-deportable crime.

5. Can I seal my criminal record?

Convictions for illegal discharge of a firearm may be sealed three years after the case ends. Though if the charge gets dismissed, then there is no waiting period to pursue a record seal.⁸ Learn how to seal Colorado criminal records.

Call our law firm for legal advice. We offer consultations.

For help with Colorado gun laws and criminal defense, call us or fill out the confidential form on this page. One of our experienced Colorado criminal attorneys will get back to you promptly. Our Denver home office is located at:

Colorado Legal Defense Group
4047 Tejon Street
Denver, CO 80211

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