Weapons Charges Defense

Denver Weapons Charges Defense Attorney Steven J. Pisani represents Colorado defendants against charges of concealing a weapon, violating firearms laws, Brady Laws and more. While the Second Amendment protects United States citizens’ right to bear arms, these rights are constantly being restricted by Federal, State and local laws. Convictions for violations of these laws can have significant consequences in both the present and future. Some of the weapons charges our firm handles are:

  • Menacing
  • Possession of a dangerous or illegal weapons, including:
    • short or “sawed off” shotguns
    • defaced firearms
    • brass knuckles
  • Unlawfully carrying a concealed weapon
  • Illegal Discharge of a Firearm
  • Possession of a Firearm while intoxicated
  • Possession of a Firearm by a felon
  • Possession of a loaded firearm in a motor vehicle
  • Unlawfully aiming a Firearm
People who own, carry, sell, or otherwise deal in guns or weapons are must comply with complex local, state, and federal firearm laws. For example, a permit is not needed to simply own a gun in Colorado; however, if you wish to carry a concealed weapon, you will need a special “conceal carry” permit issued by a county sheriff. And while “open carry,” or carrying a firearm that is not concealed, is generally legal under state law, local ordinances may prohibit open carry in cities or specific areas within some cities.
The most serious gun and weapons charges can carry severe penalties in Colorado. Violent crimes with firearms, criminal possession of firearms, and criminal negligence with firearms may all be prosecuted as felonies punishable by extensive prison sentences and large fines. Even the most minor weapons-related charges are classified as Class 2 misdemeanors, which carry possible penalties of up to one year in jail as well as fines ranging up to $1000.

Colorado Medical Marijuana and Firearms

To further complicate matters, Federal firearm laws and regulations conflict with Colorado’s legislation allowing the use or possession of marijuana for medicinal purposes.

Federal Law 18 U.S.C. § 922(g)(3) prohibits any person who is an “unlawful user of or addicted to any controlled substance (as defined in sect ion 102 of the Controlled Substances Act (2 1 U.S.C. 802))” from shipping, transporting, receiving or possessing firearms or ammunition. Marijuana is listed in the Controlled Substances Act as a Schedule I controlled substance, and there are no exceptions in Federal law for marijuana used for medicinal purposes, even if such use is sanctioned by State law. Furthermore, Federal law 18 U.S.C. § 922(d)(3), makes it unlawful for any person to sell or otherwise dispose of any firearm or ammunition to any person knowing or having reasonable cause to believe that such person is an unlawful user of or addicted to a controlled substance.”

Therefore, any person who uses marijuana, regardless of Colorado’s State sanctioned medicinal marijuana, is an unlawful user of a controlled substance and is prohibited by Federal law from possessing firearms or ammunition.

Weapon possession crimes happen all over America everyday, and these crimes send countless people to jail because they don’t know their rights or they don’t have a qualified criminal defense attorney.

Denver criminal defense lawyer Steven J. Pisani is knowledgeable about concealed weapons charges, firearms laws, Brady Laws and more.

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Contact us today to schedule a free weapons charges defense consultation to discuss your case.