Sunday, November 5, 2017

Penalties for Improper use of a Firearm and other Weapons

Even if someone shudders at the mere thought of owning a firearm or other forms of weaponry, it is important to fully understand and recognize proper gun use as well as improper gun and weapon use. In my opinion, the United States would be substantially safer if citizens were required to be educated on the laws and dangers of firearms/lethal weapons as well as proper gun safety and safe gun use. This would increase the understanding that guns and other deadly weapons are not to be played with. It would also minimize the number of accidental deaths involving a firearm. Now, moving away from opinions, let's talk about the cost of negligence toward common gun laws. 
This topic has been discussed previously in the blog, but not specified completely. 
*These penalties are mainly specific to the state of Colorado* (Click here for Link)

* Improper Use of a Firearm:
Improper use of a firearm refers to any unlawful act that involves or pertains to a firearm and is sub-sectioned as follows:
Possession of a dangerous or illegal weapon
- Penalty for second offense
- Defacing a firearm
- Unlawfully carrying a concealed weapon
- Illegal discharge of a firearm 
- Unlawful purchase of a firearm 
*These penalties do NOT fulfill the entirety of Colorado gun law penalties*

1.) Possession of a dangerous or illegal weapon
-Specified in C.R.S. 18-12-102 "A person who knowingly possesses a dangerous weapon commits a class 5 felony. A person who knowingly possesses an illegal weapon commits a class 1 misdemeanor."
-When referring to a "Dangerous Weapon" it is defined as a firearm silencer, machine gun, short shotgun, short rifle, or ballistic knife.
-When referring to an "Illegal Weapon" it is defined as a blackjack (billy club), gas gun (tear gas), or metallic knuckles. 

2.) Penalty for second offense
-Specified in C.R.S. 18-12-107 "Any person who has within five years previously been convicted of a violation under (section 18-12-103), (18-12-105), or (18-12-106) shall, upon conviction for a second or subsequent offense under the same section, be guilty of a class 5 felony.
*These sections quoted above refer to certain circumstances including:
-Unlawful possession of a firearm
-Unlawful possession of an illegal or dangerous weapon
-Known prohibited use of a firearm 

3.) Possession of a defaced firearm
-Specified in C.R.S. 18-12-103, "A person commits a class 1 misdemeanor if he knowingly and unlawfully possesses a firearm, the manufacturer's serial number of which, or other distinguishing number or identification mark, has been removed, defaced, altered, or destroyed, except by normal wear and tear."

4.) Unlawfully carrying a concealed weapon
- Specified in C.R.S. 18-12-105 , "A person commits a class 2 misdemeanor if such person knowingly and unlawfully carries a knife concealed on or about his or her person or firearm concealed on or about his or her person or; Without legal authority, carries, brings, or has in such person's possession a firearm or any explosive, incendiary, or other dangerous device on the property of or within any building in which the chambers, galleries, or offices of the general assembly, or either house thereof, are located, or in which a legislative hearing or meeting is being or is to be conducted, or in which the official office of any member, officer, or employee of the general assembly is located."

5.) Illegal discharge of a firearm 
-Specified in C.R.S. 18-12-107.5, "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. Illegal discharge of a firearm is a class 5 felony."

6.) Unlawful purchase of a firearm 
- Specified in C.R.S. 18-12-111, "Any person who knowingly purchases or otherwise obtains a firearm on behalf of or for transfer to a person who the transferor knows or reasonably should know is ineligible to possess a firearm pursuant to federal or state law commits a class 4 felony."

This list of penalties does not make up the entirety of Colorado illegal firearm penalties but in my opinion, is very helpful in understanding the basics of firearm laws and how to remain a law abiding citizen. 

Sources:
Staff, DPS. “Firearm and Weapons Related Statutes.” Colorado Bureau of Investigation, Department of Public Safety , Jan. 2017, www.colorado.gov/pacific/cbi/firearmstatutes.



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