Tag: shots

Concealed Carry, Home Defense, Legal & Law

Can You Carry A Firearm While Under The Influence In Colorado?

Mark Schneider

The Legal Risks of Carrying a Firearm Under the Influence in Colorado

In Colorado, the intersection of firearms and intoxication is addressed under stringent legal statutes, particularly highlighted in the Colorado Revised Statutes (CRS) 18-12-106. This regulation specifies the boundaries and consequences regarding the handling of firearms when under the influence of intoxicating substances. Understanding these laws is crucial for all firearm owners in the state to ensure they adhere to legal standards and maintain safety.

Understanding CRS 18-12-106(1)(d)

Under CRS 18-12-106(1)(d), it is stated that an individual commits a class 1 misdemeanor if they have a firearm in their possession while under the influence of intoxicating liquor or controlled substances as defined in CRS 18-18-102(5). This section of the statute makes it clear that being under the influence of alcohol or drugs while possessing a firearm is not only irresponsible but also illegal.

The law specifies that neither a standard concealed handgun permit issued under CRS 18-12-105.1 nor a temporary emergency permit serves as a defense against a violation of this provision. This detail underscores the seriousness with which Colorado law treats the mix of firearms and intoxicants. The state aims to prevent impaired judgment, which is significantly risky in situations involving potentially lethal weapons.

The Consequences

Violating CRS 18-12-106(1)(d) results in a class 1 misdemeanor charge, which is a substantial penalty. Such charges can result in significant fines and possible jail time, not to mention a lasting impact on one’s legal record and future, including potential difficulties in employment, housing, and educational opportunities.

Enforcement Practices and Legal Standards

Alcohol

For alcohol, a common benchmark used by law enforcement is the standard for driving under the influence (DUI). In most states, including Colorado, the legal blood alcohol content (BAC) limit for driving is 0.08%. However, when it comes to firearms, officers may use their judgment to assess whether a person’s ability to handle a firearm safely is impaired, which can occur at BAC levels lower than 0.08%.

Marijuana

Marijuana, while legal for recreational use in Colorado, still presents legal challenges under federal law, especially in the context of firearm possession. For assessing impairment, law enforcement might loosely apply standards similar to those used for driving. However, because THC (the active ingredient in marijuana) metabolizes differently than alcohol and can remain detectable in the body longer, the assessment is more subjective and based on observed impairment rather than a specific THC level.

Prescription Drugs

For prescription drugs, the approach is similar to that for alcohol and marijuana. The key factor is whether the individual is impaired to a degree that they cannot safely handle a firearm. As with DUI laws, if a person is considered too impaired to drive due to prescription medications, they are likely too impaired to safely possess a firearm. This often involves an officer’s assessment of physical and cognitive signs of impairment.

Other Controlled Substances

For illegal drugs such as cocaine, fentanyl, and others, there is typically a zero-tolerance approach. Possession of a firearm while under the influence of these substances can lead to severe legal consequences, regardless of the amount consumed or the level of impairment. The presence of these substances in one’s system while in possession of a firearm is likely to be sufficient for a charge under CRS 18-12-106(1)(d).

Legal Implications

It’s important to remember that beyond state laws, federal regulations under the Gun Control Act of 1968 prohibit drug users and addicts from purchasing or possessing firearms and ammunition, regardless of state laws regarding drug legality. This includes marijuana, despite its legal status in many states.

Practical Advice for Firearm Owners

For responsible gun owners, the message is straightforward:

  1. Avoid mixing alcohol or drugs with firearm handling: Always store firearms securely and do not access them while under the influence of any intoxicating substances.
  2. Educate yourself and others: Understanding the specifics of local firearm laws can be the difference between responsible ownership and facing serious legal consequences.
  3. Plan ahead: If you know you will be consuming alcohol or controlled substances, ensure that your firearms are safely stored and inaccessible.

Conclusion

Colorado’s laws on carrying a firearm while under the influence of alcohol or controlled substances are designed to protect the community and promote responsible firearm handling. Adherence to these laws is not only a legal obligation but a moral one to ensure the safety of all. By staying informed and vigilant, gun owners can contribute to a safer environment for everyone.

Concealed Carry

Can You Fire Warning Shots In Colorado?

Mark Schneider

The Misconception of Warning Shots for Self-Defense in Colorado: A Legal and Safety Perspective

In the realm of self-defense, especially within the context of gun ownership, there exists a plethora of misconceptions and ill-advised tactics that can lead to grave consequences. One such misconception is the idea of firing warning shots as a means to deter a threat. In Colorado, this practice is not only illegal but is also considered extremely reckless and dangerous. This article delves into the legal framework surrounding the use of firearms for self-defense in Colorado, highlighting the risks associated with firing warning shots, and provides real-life examples to underscore the serious repercussions of such actions.

Legal Foundations

Under Colorado law, specifically sections 18-12-107.5 and 18-12-106 of the Colorado Revised Statutes (C.R.S.), the use of firearms is tightly regulated to ensure public safety. Section 18-12-107.5 outlines the illegal discharge of a firearm, categorizing the knowing or reckless discharge of a firearm into any dwelling, building, occupied structure, or occupied motor vehicle as a class 5 felony. The law is clear in its stance that self-defense does not justify the discharge of firearms in a manner that could endanger others indiscriminately.

Furthermore, section 18-12-106 specifies various prohibitions regarding weapon use, including the reckless or negligent discharge of a firearm. This section aims to mitigate the risks associated with firearms by criminalizing actions that could potentially harm others, even in the absence of direct intent.

The Risks of Warning Shots

The firing of warning shots, often portrayed in media as a non-lethal means of deterring an aggressor, is fraught with unintended dangers. Firstly, the trajectory of a bullet is unpredictable once it leaves the barrel of a gun. Residential areas, often dense with buildings and vehicles, pose a significant risk for a stray bullet to cause unintended harm or damage.

Moreover, warning shots do not necessarily de-escalate a threatening situation. In some cases, they can escalate a conflict, leading to further violence. The legal repercussions of firing a warning shot can also be severe, with potential felony charges leading to imprisonment, fines, and a permanent criminal record.

Real-Life Consequences

To understand the gravity and imprudence of firing warning shots, consider the following examples:

Example 1: The Misguided Warning Shot

Scenario: In a quiet suburban neighborhood in Colorado, a homeowner hears noises outside his window late at night. Believing it to be an intruder, he grabs his firearm and, in an attempt to scare off the supposed threat, fires a warning shot into the air. The bullet eventually lands in a nearby park, narrowly missing a late-night dog walker. The homeowner is later charged with reckless endangerment and illegal discharge of a firearm, facing legal penalties and community backlash for his actions.

Consequences: The homeowner’s attempt to use a warning shot for self-defense not only put an innocent person’s life at risk but also resulted in criminal charges that could have been avoided with a more cautious and law-abiding approach to the perceived threat.

Example 2: The Backyard Warning Shot

Scenario: During a heated argument in their backyard, a person decides to fire a warning shot into the ground to intimidate the other party into leaving. Unbeknownst to the shooter, the bullet ricochets off a rock, travels through a fence, and enters a neighbor’s home, narrowly missing a family gathered in their living room. The incident prompts an immediate police response, leading to the arrest of the shooter for illegal discharge of a firearm and endangering the lives of the neighbors.

Consequences: This impulsive decision not only endangered multiple lives but also led to serious legal repercussions, highlighting the unpredictability and danger of firing warning shots, even on one’s own property.

Example 3: The Parking Lot Warning Shot

Scenario: In a crowded shopping center parking lot, two parties engage in a dispute over a parking space. In an attempt to assert dominance, one individual fires a warning shot into the air from their handgun. The shot causes panic among bystanders, leading to a chaotic situation with people trying to flee the area. The bullet eventually lands on a parked car, causing damage but, fortunately, no injuries. Law enforcement quickly intervenes, and the shooter is arrested for illegal discharge of a firearm in a public place, facing charges and the potential for civil lawsuits from affected parties.

Consequences: This example illustrates the widespread panic and danger that a single warning shot can cause in a public setting, resulting in legal action and public condemnation against the shooter.

Legal Alternatives and Best Practices

For those seeking to protect themselves and their property, understanding and adhering to Colorado’s self-defense laws is paramount. The state allows for the use of force in self-defense only when an individual reasonably believes it necessary to prevent imminent harm. However, this does not extend to the use of warning shots. Gun owners are encouraged to pursue non-lethal alternatives and to only use their firearm as a last resort, ensuring they target only the aggressor and when absolutely necessary.

Education and training are critical components for responsible gun ownership. Regular participation in firearm safety courses and self-defense training can equip individuals with the knowledge and skills to handle threatening situations appropriately without resorting to hazardous and illegal practices like firing warning shots.

Conclusion

The narrative that firing warning shots is an effective and legal form of self-defense in Colorado is not only misleading but dangerous. The state’s legal framework, emphasizing the responsible use of firearms, clearly prohibits such actions due to the significant risks they pose to public safety. By understanding the laws, recognizing the inherent dangers of warning shots, and opting for safer, more responsible means of self-defense, gun owners can protect themselves and others from the unintended consequences of reckless firearm use.

Legal Disclaimer

This article is intended for informational purposes only and does not constitute legal advice. The information contained within is based on the interpretation of Colorado state laws as of the date of writing and is not a substitute for legal counsel. Laws and legal interpretations can change over time, and the applicability of the information herein may vary based on specific circumstances. Readers are advised to consult with a qualified attorney for advice on legal issues related to the use of firearms and self-defense laws in their jurisdiction. The examples provided in this article are hypothetical scenarios created to illustrate the potential consequences of certain actions and should not be interpreted as descriptions of real events. The author and publisher of this article disclaim any liability for actions taken or not taken based on the content of this article.

Concealed Carry, Legal & Law

Should I Fire A Warning Shot When In Danger?

Mark Schneider

Over the years of doing private security and my short time educating students in firearms, I often hear about people talking about “warning shots”. A lot of people believe it is the best policy to shoot a warning shot(s) to scare off a threat before using deadly force. They also believe this is a lot more humane before seriously injuring someone or taking someones life. The military will use warning shots while in the theater, but that is per their rules of engagement. That is the only time I have ever seen them used.

In the civilian world, we don’t have “rules of engagement” but rather Local, State and Federal laws we have to follow. Here are the reasons you NEVER fire warning shots.

  1. No where in any local, state or federal laws, allows you to fire warning shots. You actually might get charged with reckless endangerment or more if you do so.
  2. It is extremely dangerous to fire warning shots. Either if its in the air, close by the threat or in the ground, you have no idea where those bullets are going to land.
  3. If you feel your life or a third parties is that much in danger of serious bodily injury or death, you should be shooting at the subject in order to stop the threat.
  4. If you fire warning shots and if it ever goes to court, this action will be used against you. Either the prosecutor or defense attorney are going to argue that this action proves that either you or the third party were ever in imminent danger. If you were in that much danger, you would be shooting at the subject in order to stop the threat. They are going to argue how reckless this act was and how you put the public in danger.
  5. Firing warning shots will also prove just how under trained you are in firearms and how you lack knowledge in local, state and federal laws. This proving you shouldn’t be a gun owner.

Below I am going to link to news articles of citizens getting in trouble with the law for firing warning shots or shooting recklessly in the air.

Marrisa Alexander fired warning shot during altercation with husband.  

Austin man arrested for firing  gun into the air to scare neighbors. 

Man arrested for firing warning shots into the air to scare thieves.

How a warning shot got a man 20 years in prison.

There are many more cases or news articles that I could link to. I could almost spend all night doing this. There is this misconception in society that it is okay to fire a warning shot(s). I don’t know if this comes from watching too many shows, movies, news or listening to your “Uncle Mike” who claims to be a gun expert. Overall do NOT fire warning shots. You might face severe consequences if you choose to do so.

(Disclaimer:) This article is only an opinion of a firearms instructor and should not be considered legal advice. For legal advice or questions, please contact your local 2nd Amendment attorney.