Prohibited Use of a Weapon – Colorado Law & Penalties – C.R.S. § 18-12-106

Colorado Revised Statute § 18-12-106 C.R.S. makes it a crime to commit certain unlawful acts with weapons. Specifically, the statute prohibits:

1. Aiming a gun at a person, or
2. Possessing a gun while intoxicated, or
3. Shooting a gun or bow and arrow carelessly, or
4. Leaving a loaded trap unattended, or
5. Throwing nunchucks or throwing stars at a person.

A first-time conviction of prohibited use of a weapon is a misdemeanor in Colorado. Though violating C.R.S. 18-12-106 becomes a felony if, in the last five years, you were convicted of either:

• prohibited use of a weapon,
• unlawful carrying of a concealed weapon, or
• possession of a defaced firearm.

The purpose of C.R.S. 18-12-106 is to punish the prohibited use of weapons even if no injury results. If someone does get hurt, then you would face assault charges in addition to – or instead of – C.R.S. 18-12-106 charges.

To help you better understand Colorado’s law against the prohibited use of weapons, our Denver criminal defense lawyers discuss C.R.S. 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
• Frequently Asked Questions
• Additional Reading

1. Aiming Firearms at Someone

C.R.S. 18-12-106(1)(a) prohibits knowingly and unlawfully aiming a gun at someone else in Colorado. 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 C.R.S. 18-12-106(1)(a) because he “knowingly” aimed the gun at someone else “unlawfully.” Had Jack aimed the gun while having a seizure or other medical episode, then Jack could claim he did not act “knowingly.”

Typical defenses to this charge are that you acted negligently or recklessly rather than knowingly, or that the gun was never aimed at a person.

Penalties

Knowingly and unlawfully aiming a firearm at another person in Colorado is a class 1 misdemeanor 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 (plus 2 years of parole) and/or
• $1,000 to $100,000.¹

2. Having Firearms While Intoxicated

C.R.S. 18-12-106(1)(d) prohibits possessing a gun while drunk or high in Colorado. 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; or
2. You never possessed the gun. Perhaps someone else was carrying the gun. 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.

Penalties

Possessing a firearm while intoxicated from drugs or alcohol in Colorado is a class 1 misdemeanor 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 (plus 2 years of parole) and/or
• $1,000 to $100,000.²

3. Shooting a Gun or a Bow and Arrow

C.R.S. 18-12-106(1)(b) prohibits shooting a gun or discharging a bow and arrow in Colorado 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 C.R.S. 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.

Penalties

Recklessly or negligently discharging a gun or bow and arrow in Colorado is a class 1 misdemeanor 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 (plus 2 years of parole) and/or
• $1,000 to $100,000.³

4. Leaving Loaded Traps Unattended

C.R.S. 18-12-106(1)(c) makes it a Colorado crime to knowingly set 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.

Penalties

Leaving a loaded gun, trap, or explosive device unattended in Colorado is a class 1 misdemeanor 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 (plus 2 years of parole) and/or
• $1,000 to $100,000.⁴

5. Throwing Stars or Nunchucks

C.R.S. 18-12-106(2)(a) prohibits knowingly aiming, swinging, or throwing a throwing star or nunchuck at someone else in Colorado. This law also prohibits knowingly possessing a throwing star or nunchuck at a public place in Colorado (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, three common defenses to C.R.S. 18-12-106(2)(a) charges include:

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

Penalties

In Colorado, 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 (plus 2 years of parole) and/or
• $1,000 to $100,000.⁵

Frequently Asked Questions

What happens if I get arrested for prohibited use of a weapon for the first time?

A first-time conviction is a class 1 misdemeanor, which can result in up to 364 days in jail and/or up to $1,000 in fines. However, the charge becomes a felony if you were convicted of certain weapon crimes in the past five years.

Can I still be charged if my gun did not go off or no one got hurt?

Yes, you can still be charged even if the weapon never fired and no one was injured. Colorado law punishes the prohibited use of weapons regardless of whether harm actually occurs.

Does having a concealed carry permit protect me from these charges?

No, having a valid concealed carry permit is not a defense to prohibited use of weapon charges. For example, you can still be charged for possessing a firearm while intoxicated even with a valid permit.

What counts as being “intoxicated” when carrying a firearm?

Being intoxicated means being under the influence of alcohol or controlled substances while possessing a firearm. The law doesn’t specify exact blood alcohol levels – any level of impairment from drugs or alcohol can result in charges.

Can I be charged with prohibited use of weapons in Colorado if I fired a gun on my own private property?

Yes. Under C.R.S. 18-12-106, Colorado law does not provide a blanket exemption for discharging a firearm simply because you are on your own private property. If you shoot a gun or bow and arrow recklessly or with criminal negligence, you can still be charged with a class 1 misdemeanor.

This often happens in rural areas or during “celebratory gunfire” where a bullet could foreseeably endanger neighbors, roads, or occupied structures.

Will a conviction for C.R.S. 18-12-106 cause me to lose my gun rights?

Usually not for a first offense, but there are exceptions. Because a first-time conviction for prohibited use of weapons in Colorado is typically a misdemeanor, it does not automatically strip you of your Second Amendment rights under federal or state law.

However, you will permanently lose your gun rights if your charge is elevated to a class 5 felony (due to a prior weapons conviction within the last five years) or if the prohibited use of a weapon occurred as part of an act of domestic violence.

What exactly counts as “possessing” a firearm while intoxicated?

For the purposes of the possession of a firearm while intoxicated section of the statute, Colorado courts define possession as having “actual or physical control” of the weapon. You do not necessarily have to be holding the gun in your hands or carrying it in a holster.

If you are drunk or high and the loaded gun is readily accessible to you—such as sitting on the passenger seat of your car or resting on the table right next to you—law enforcement can charge you with prohibited use of a weapon.

Is it still a crime if my gun went off completely by accident?

It depends on why it went off. Colorado’s prohibited use of a weapon laws specifically target individuals who discharge a firearm “recklessly or with criminal negligence.”

If your gun went off due to a genuine, unforeseeable mechanical malfunction, your defense attorney can argue it was a true accident. However, if the gun fired because you were cleaning a loaded weapon, twirling it, or ignoring basic firearm safety rules, prosecutors will likely argue that your actions meet the legal definition of criminal negligence.

Is self-defense a valid defense to a prohibited use of a weapon charge?

Asserting self-defense for this specific charge can be legally complicated. Colorado courts have previously ruled that traditional self-defense is not always a direct affirmative defense to C.R.S. 18-12-106.

However, an experienced criminal defense lawyer can often raise a “choice of evils” defense. This means we would argue that you were forced to unlawfully aim or discharge a weapon because doing so was absolutely necessary to prevent a much greater and imminent injury to yourself or someone else.

What is the statute of limitations for prohibited use of weapons in Colorado?

The statute of limitations depends on how the crime is classified.

For standard prohibited use of weapons charges, which are prosecuted as class 1 or class 2 misdemeanors, the state of Colorado has 18 months from the date of the incident to file charges against you.

If the prosecutor is pursuing the charge as a class 5 felony (because you have a previous weapons conviction on your record from the last five years), the statute of limitations increases to three years.

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: