Colorado Springs Firearm in Motor Vehicle Attorney
Possessing a loaded firearm in a motor vehicle is only legal under certain circumstances. Violating the law and illegally possessing a loaded firearm in a vehicle can bring misdemeanor criminal charges. Though the penalties in these cases may not be as severe as felony weapons cases, a conviction can still result in a criminal record, which can have lasting consequences.
Whether you are looking for more information on gun laws in Colorado or you have been charged with illegal possession of a firearm in a motor vehicle, below shares some essential information for any gun-carrying Coloradan. Whenever you need advice specific to your situation or a criminal weapons case, contact a criminal defense attorney at Anaya & Chadderdon, P.C.
When Is It Legal to Carry a Loaded Gun in a Motor Vehicle?
In Colorado, motorists can have loaded guns in their vehicles when:
- They are not legally prohibited from possessing a firearm: Felons, fugitives, and others cannot have loaded or unloaded guns in their possession, regardless of whether a motor vehicle is involved. In these cases, possession of a weapon by a previous offender and/or other criminal charges can be filed.
- They are current or retired law enforcement officers: Colorado law has an exemption that lets current and retired law enforcement carry concealed, loaded firearms in vehicles (and other areas).
- The gun is lawfully used for the purposes of protection: In other words, the gun cannot be carried with the intention of using it for a crime. When that happens, aggravated charges and more serious penalties can be on the table.
- The gun is a pistol or revolver: If the firearm is not a pistol or revolver, it is not legal to have it loaded in a civilian’s motor vehicle. However, there are no restrictions on what type of legal firearms civilians can transport unloaded in their vehicles.
Here, it’s important to note that:
- According to Colorado Law (C.R.S. 10-12-105), “local jurisdictions may not enact laws that restrict a person’s ability to travel with a weapon.”
- Section 33-6-125 gives law enforcement officers the authority to inspect the chambers of rifle and shotgun that are carried in motor vehicles to determine if they are unloaded.
What Charges Are Filed for Illegal Possession of a Loaded Weapon in Motor Vehicle?
If no other criminal statutes have been violated and the individual is not prohibited from possessing a gun, then misdemeanor charges will usually be filed for illegal possession of a loaded weapon in a motor vehicle. Upon conviction, these charges can be punishable by a license suspension, a $50 fine, and a criminal record.
How Can I Defend Myself Against Charges of Illegal Possession of a Loaded Gun in a Vehicle?
If you or a loved one has been charged with a gun offense in Colorado, contact a 5-star criminal defense attorney at Anaya & Chadderdon, P.C. As former prosecutors with decades of criminal trial experience, we are exceptionally effective at defending our clients against all types of misdemeanor and felony weapons charges.
Before you plead guilty, get the answers and advice you need to protect your rights. There may be various defense options, and we’re available 24/7 to explain yours. We can discuss your case over the phone, at jail, and/or at our Colorado Springs office. Call us at (719) 259-5082.
Contact Us for a Free, Confidential Consultation
At Anaya & Chadderdon, P.C., our lawyers are proud to provide client-focused defense representation while treating our clients with the highest level of respect and professionalism. Our goal is to bring every case to the best possible outcome, protecting our clients’ rights and interests every step of the way. Reach out today for a free case review.