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Castle Rock Firearm Possession Lawyer

Arrested for Firearm Possession?
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Living in the beautiful town of Castle Rock, you probably enjoy the area’s ample opportunities for hunting and recreational shooting. Or maybe you keep a firearm at home for self-defense.

Whatever your reason for possessing a gun, you need to be aware of the complex web of federal, state, and local laws that regulate firearms in Colorado. An inadvertent violation can land you in serious legal trouble.

Our Castle Rock firearm possession lawyers at Right Law Group has helped hundreds of good people in Castle Rock and Douglas County who found themselves facing charges like illegal possession of a weapon, prohibited use of a firearm, or carrying a concealed firearm without a permit. In many cases, we’ve been able to get their charges reduced or even dismissed.

How does this happen? It’s often just an honest mistake. You may have borrowed a friend’s gun to go target shooting, not realizing he had a domestic violence conviction that barred him from owning firearms. Or you stopped by the shooting range after having a couple of beers, unaware that it’s illegal to possess a firearm while intoxicated.

Situations like these demonstrate why it’s so important to fully understand Colorado’s firearm regulations. Let’s take a look at some key laws and how an experienced lawyer can defend your rights if you end up getting charged.

Federal vs. State vs. Local Firearm Laws

One reason firearm possession laws are tricky to navigate is that they exist at multiple levels of government. For example, federal law prohibits the possession of firearms by anyone convicted of a felony.

But Colorado state law is stricter, barring gun possession by those with felony convictions and also some misdemeanor domestic violence convictions. On top of that, Castle Rock has its own municipal codes restricting the discharging of firearms within city limits.

This complex patchwork of laws means there are many ways to end up facing criminal penalties for an innocent mistake. An attorney who specializes in Colorado gun crime defense will understand how these laws interact and where there may be opportunities to fight the charges.

Common Castle Rock Firearm Violations

While laws vary, some of the most frequent firearm possession charges we see in Castle Rock include:

  • Possession by a previous offender: Under C.R.S. 18-12-108, it’s illegal for anyone convicted of a felony to possess a firearm, even temporarily. Penalties include 1-2 years in prison.
  • Unlawfully carrying a concealed weapon: Carrying a concealed gun without a valid permit is a class 1 misdemeanor under C.R.S. 18-12-105. Punishment can include up to 120 days- in jail.
  • Possessing a firearm while intoxicated: It’s illegal under CRS 18-12-106 to possess a firearm while under the influence of drugs or alcohol. This is a class 1 misdemeanor as well.
  • Possession of an illegal weapon: CRS 18-12-102 prohibits certain types of firearms like a machine gun or ballistic knife. Possession may be charged as a class 1 misdemeanor or class 5 felony.

As you can see, the web of federal, state, and local firearm laws provides numerous ways for well-meaning, law-abiding gun owners to end up facing serious criminal penalties. Having an attorney well-versed in these statutes is essential.

castle rock criminal defense attorney

Crafting a Powerful Defense Against Firearm Possession Charges

Finding yourself accused of illegally possessing a firearm can be terrifying. But take a deep breath – an experienced attorney can often build a strong defense to protect your rights.

At our firm, we dig deep to identify every opportunity to challenge and defeat the charges. For example, we scrutinize the validity of any prior conviction used to support a possession charge. If it was improper, overturned, or pardoned, the foundation crumbles.

We also aggressively attack the prosecution’s evidence. Weaknesses like gaps in the chain of custody or lack of proof you knowingly possessed the firearm are exploited. Shoddy police work leading to questionable probable cause can also invalidate the case.

Next, we examine how the evidence was obtained. If through an unconstitutional search, defective warrant, or illegal detention, we fight to suppress it. Possessing a firearm is not itself proof of wrongdoing if your rights were violated in the process.

Finally, we explore affirmative defenses. Brief possession for self-defense, unknowing or involuntary possession, or possession under duress all provide justification.

With an arsenal of legal arguments at our disposal, we build tiered defenses focused on defeating charges before trial or achieving the best possible outcome for our client. We know all the potential consequences you face, so we won’t rest until your rights are protected.

Affirmative Defenses Against Possession

We can also raise legal defenses that justify brief firearm possession:

  • Self-defense – You may have temporarily held the firearm out of necessity for lawful self-defense.
  • Involuntary possession – Someone may have placed the firearm on you without your knowledge.
  • Duress – You were coerced into possessing the firearm under threat of harm.

Why Work With Our Criminal Defense Team

Successfully fighting firearm possession charges requires in-depth knowledge of applicable laws, creative defense strategies, and proven experience. At Right Law Group, our Castle Rock criminal defense lawyers check all those boxes.

We maintain an intricate understanding of constantly evolving federal, state, and local gun laws. Our insider experience as former prosecutors also reveals how the D.A. approaches these cases.

This allows us to anticipate moves and proactively defend our clients.

Every case we handle gets a customized game plan reflecting the unique circumstances. We identify the specific issues to leverage, be it unlawful searches, lack of evidence, affirmative defenses, or procedural errors. Our strategic mastery comes from decades of case experience.

Those strategies produce real results. We’ve successfully reduced felonies to misdemeanors, secured dismissals through suppression motions, and achieved not-guilty verdicts at trial. While outcomes are never guaranteed, clients can feel confident partnering with a firm that has repeatedly beaten these charges.

Don’t take chances with your defense. Our proven firearms law expertise provides the most effective legal advocacy. We know how to beat these allegations – let us fight to protect your rights.

Don’t Let One Wrong Decision Impact Your Life, Job or Freedom.

Frequently Asked Questions

What honest mistakes could still lead to firearm charges?

Borrowing or even briefly handling a gun owned by someone legally barred from possession. Believing an antique or family heirloom firearm is lawful when it’s actually prohibited. Having a firearm at home when intoxicated – private property does not exempt laws. Carrying concealed with a permit mistakenly thought to still be valid. Even well-intentioned acts can lead to charges.

What traps do out-of-state gun owners face in Colorado?

Firearm laws vary significantly between states. What is perfectly legal in your home state may be prohibited in Colorado. Improperly transporting firearms while traveling through our state can lead to serious criminal charges. Out-of-staters must be cautious that different rules apply here.

What are some ways charges can arise without actively using the firearm?

Simply possessing a prohibited weapon can lead to charges, even if it is unloaded and not brandished. Having ammunition in close proximity shows intent for use. Carrying an unloaded but quickly accessible concealed firearm still requires a valid permit. The law focuses on possession itself as dangerous, not just active use.

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