Prohibited Use of a Weapon – Colorado Law & Penalties

CRS § 18-12-106 is the Colorado statute that makes it a crime

1. to aim a gun at a person,
2. to possess a gun while intoxicated,
3. to shoot a gun or bow or arrow carelessly,
4. to leave a loaded trap unattended, or
5. to throw nunchucks or throwing stars at a person.

A first-time conviction is a misdemeanor, but subsequent convictions within five years are felonies:

To help you better understand Colorado’s law against the prohibited use of weapons, our Denver criminal defense lawyers discuss CRS 18-12-106 section by section:

• 1. Aiming firearms at someone
• 2. Having firearms while intoxicated
• 3. Shooting a gun or bow and arrow
• 4. Leaving loaded traps unattended
• 5. Throwing stars or nunchucks
• Additional reading

1. Aiming firearms at someone

CRS 18-12-106(1)(a) prohibits “knowingly and unlawfully” aiming a gun at someone else. It does not matter if the gun never goes off or even if the person being aimed at does not realize you are there.

Example: After Jack’s neighbor tells him to turn down his music, Jack takes out his gun and points it at his neighbor. Here, Jack violated CRS 18-12-106(1)(a) because he “knowingly” aimed the gun at someone else “unlawfully.”

Had Jack, in the above example, aimed the gun while having a seizure or other medical episode, then Jack could claim he did not act “knowingly.”

Knowingly and unlawfully aiming a firearm at another person is a class 1 misdemeanor in Colorado carrying:

• Up to 364 days in jail and/or
• Up to $1,000.

A second or subsequent offense in five years is a class 5 felony carrying:

• 1 to 3 years in prison and/or
• $1,000 to $100,000.¹

Knowingly aiming a gun at a person is a class 1 misdemeanor in Colorado.

2. Having firearms while intoxicated

CRS 18-12-106(1)(d) prohibits possessing a gun while drunk or high. It does not matter if you never end up using the gun and no one gets hurt.

Example: Jim carries his revolver everywhere, and he has a current and valid CCW permit. One night he walks home drunk from a bar. If a policeman sees him, Jim could be arrested for possessing a gun while intoxicated. The fact Jim had a permit is no defense.

The two most common defenses to these “firearm under the influence” charges are that:

1. You were not actually intoxicated. Perhaps you were just tired or having a medical episode like a diabetic coma that mimicked intoxication. Or
2. You never possessed the gun. Perhaps someone else was carrying the gun. Or even if your roommate had the gun, you arguably did not possess it if your roommate stored it in a safe you do not know the combination to.

Possessing a firearm while intoxicated from drugs or alcohol is a class 1 misdemeanor in Colorado carrying:

• Up to 364 days in jail and/or
• Up to $1,000.

A second or subsequent offense in five years is a class 5 felony carrying:

• 1 to 3 years in prison and/or
• $1,000 to $100,000.²

3. Shooting a gun or a bow and arrow

CRS 18-12-106(1)(b) prohibits shooting a gun or discharging a bow and arrow if either:

• you are acting “recklessly” (which means you know your actions are risky), or
• you are acting “with criminal negligence” (which means you are being unjustifiably careless).

Example: To show off, Jason twirls his gun in front of his friends. Then the trigger gets caught on his thumb, causing the gun to fire. Here, Jason could be charged with violating CRS 18-12-106(1)(b) because arguably he was being reckless or at least very negligent when the gun went off. It does not matter if no one gets hurt.

Three common defenses to charges of recklessly or negligently shooting a gun or arrow are:

1. The incident was an unavoidable accident that was no fault of your own, and it would have happened to any reasonable person in your position. Or
2. The gun never went off, or the arrow never discharged. Or
3. Someone else caused the bullet or arrow to discharge.

Recklessly or negligently discharging a gun or bow and arrow is a class 1 misdemeanor in Colorado carrying:

• Up to 364 days in jail and/or
• Up to $1,000.

A second or subsequent offense in five years is a class 5 felony carrying:

• 1 to 3 years in prison and/or
• $1,000 to $100,000.³

4. Leaving loaded traps unattended

CRS 18-12-106(1)(c) prohibits knowingly setting a loaded gun, trap, or device designed to cause an explosion upon being tripped or approached if you leave it unattended. It does not matter if the device never goes off and no one gets hurt.

Example: George sets up a loaded trap in a park to catch the wild fox that keeps scaring the children. Even if George got the park’s permission to set up the trap, it is a crime if George leaves the scene without a competent adult there attending to the device.

Common defenses to this charge are that the trap was not loaded or that you never left it unattended.

Leaving a loaded gun, trap, or explosive device unattended is a class 1 misdemeanor in Colorado carrying:

• Up to 364 days in jail and/or
• Up to $1,000.

A second or subsequent offense in five years is a class 5 felony carrying:

• 1 to 3 years in prison and/or
• $1,000 to $100,000.⁴

“Nunchaku” have two sticks, clubs, bars, or rods to be used as handles, connected by a rope, cord, wire, or chain.

5. Throwing stars or nunchucks

CRS 18-12-106(2)(a) prohibits knowingly aiming, swinging, or throwing a throwing star or nunchuck at someone else. This law also prohibits knowingly possessing a throwing star or nunchuck at a public place (unless it was part of an authorized public demonstration or class).

Example: Jeffrey carries his nunchucks from home to a friend’s house. Even though he never uses them, he could be arrested simply for possessing them in public.

Depending on your case, common defenses to CRS 18-12-106(2)(a) charges include:

• You did not “knowingly” aim or throw the weapons; you were acting carelessly, or it was an accident. Or
• The weapons you used do not meet the definition of throwing stars or nunchucks. Or
• You were never in public.

Knowingly aiming, swinging, or throwing a throwing star or nunchuck – or knowingly possessing them in public – is a class 2 misdemeanor carrying:

• Up to 120 days in jail and/or
• Up to $750.

A second or subsequent offense in five years is a class 5 felony carrying:

• 1 to 3 years in prison and/or
• $1,000 to $100,000.⁵

A throwing star (“shuriken”) is a hand-held disc-shaped bladed object meant to be thrown.

Additional Reading

For in-depth information about possessing firearms under the influence, refer to these scholarly articles:

• Alcohol Use and Firearm Violence – Epidemiologic Reviews.
• A Review of Legislation Restricting the Intersection of Firearms and Alcohol in the U.S. – Public Health Reports.
• Alcohol misuse, firearm violence perpetration, and public policy in the United States – Preventive Medicine.
• Keeping firearms from drug and alcohol abusers – Injury Prevention.
• The Roles of Alcohol and Drugs in Firearm Violence – JAMA Internal Medicine.

Legal references: