Denver Weapon Charges Lawyer

Weapon Charges Attorney in Denver, UT

Weapon charges are taken seriously in Denver, and a conviction can quickly deprive you of your freedom. Whether you are accused of unlawfully carrying a firearm or another gun-related charge, you can rely on a Denver weapon charges lawyer to help you navigate the criminal court process while pursuing favorable outcomes that could safeguard your future. Legal support can play a crucial role when it comes to identifying weaknesses in the state’s case. 

Dedicated Defense Attorneys by Your Side

Facing gun crime charges can be a stressful and isolating experience that leaves you feeling uncertain about your options. When you partner with Blackley & Wingad, you gain direct support from a defense team with decades of combined experience. Because we handle a wide range of criminal cases, you can trust that your case will receive the focused attention and support it deserves.

Our defense attorneys are tireless advocates for our clients. We are not intimidated by the tactics used by prosecutors and are prepared to take cases to trial when necessary. At every step of the process, you will be treated with empathy and compassion, even as we aggressively contest the accusations against you. Trust our team to provide focused representation while exploring every viable strategy for protecting your rights and interests in court.

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Common Weapons and Firearm Charges in Denver

Weapons charges are a common reason why locals end up at the Van Cise-Simonet Downtown Detention Center. Between January 1 and December 31, 2025, ATF agents recovered 6,602 pistols, 1,162 rifles, and 790 revolvers connected to unlawful possession and other criminal offenses.

Denver residents can face weapons charges for a wide range of offenses, from unlawfully carrying a concealed firearm to possessing a prohibited weapon. Under C.R.S. § 18-12-105, carrying a concealed weapon without legal authorization can result in criminal charges. The law also restricts firearms in certain government buildings and other designated locations.

Another serious offense involves weapon possession by someone with a disqualifying criminal conviction. Colorado lawmakers expanded these restrictions in 2025 to include certain convictions for first-degree motor vehicle theft. The Colorado General Assembly provides details about these changes.

Other weapons offenses include unlawfully discharging a firearm, possessing certain dangerous weapons, and using a firearm while committing another crime. These charges can arise from incidents involving traffic stops, domestic disputes, and other police investigations throughout Denver. 

Prosecutors may file multiple charges arising from the same incident. These and other offenses contribute to Denver’s annual crime rate of 50.85 per 1,000 residents in a typical year. Regardless of the type of gun charge someone faces, a dedicated criminal defense attorney can protect their rights and develop a strategy for contesting the charges.

Unlawful Possession of Dangerous or Illegal Weapons in Colorado

The right to bear arms in Colorado is not absolute. State laws ban the possession of certain types of weapons and firearms. Possessing a prohibited firearm or weapon can expose someone to felony charges, regardless of whether they intended to harm anyone.

Colorado’s C.R.S. § 18-12-102 identifies several weapons subject to these restrictions, including machine guns, certain shotguns, shortened rifles, and firearm silencers. A person who knowingly possesses a dangerous weapon in violation of this statute generally faces a Class 5 felony. A second or subsequent offense carries a Class 4 felony classification.

Not every instance of possession violates the law. Certain exemptions apply to law enforcement officers, military personnel performing authorized duties, and individuals whose possession meets specific legal requirements. A valid permit or license may also provide a defense. Prosecutors must establish the elements of the possession offense, but they generally do not need to show that the weapon was fired or used during another criminal act.

Unlawfully Carrying a Concealed Weapon in Denver

Whether you live in Cherry Creek, Capitol Hill, or another Denver neighborhood, carrying a concealed handgun in public generally requires a valid permit. Under C.R.S. § 18-12-105, knowingly and unlawfully carrying a concealed firearm is a Class 1 misdemeanor.

Colorado law provides several exceptions to concealed carry restrictions. For example, a person generally may carry a concealed firearm in their own home or place of business. The law also allows firearms to be carried in private vehicles for lawful protection while traveling.

Even individuals with valid concealed handgun permits must follow restrictions on carrying firearms in certain locations. Violating these restrictions can result in criminal charges, even when the firearm was never discharged or used to threaten anyone.

Possession of a Weapon by a Prior Offender

Colorado law prohibits firearm possession by individuals with certain prior convictions. Under C.R.S. § 18-12-108, possession of a gun or weapon by a prior offender is a criminal offense that can apply even when a firearm was not used to threaten someone or commit another crime. Not every criminal conviction leads to restrictions on gun rights. Eligibility depends on the nature of the previous offense and other circumstances outlined under Colorado law. 

Certain felony convictions and qualifying misdemeanor convictions involving domestic violence can lead to the loss of gun rights. POWPO charges may arise during a traffic stop, search of a residence or other property, or an investigation into an alleged crime. Contesting this type of offense requires a focused approach that questions whether the defendant knowingly possessed the weapon and had a qualifying prior conviction. 

Prohibited Use and Illegal Discharge of Firearms

Legal firearm ownership does not give Colorado residents unrestricted freedom to use their weapons. C.R.S. § 18-12-106 establishes criminal penalties for several actions, including firing a gun unlawfully, possessing a firearm while intoxicated by alcohol or drugs, and pointing a firearm at another person without lawful justification.

An unlawful firearm discharge generally carries a Class 1 misdemeanor classification. More severe consequences may apply when someone deliberately or recklessly shoots into an occupied vehicle or building, potentially resulting in felony charges.

Weapons offenses sometimes involve arguments that escalate, unsafe firearm handling, or alcohol-related incidents. Depending on what happened, an individual may face multiple criminal allegations arising from the same event, including reckless endangerment or assault. The specific charges depend on the conduct involved and the evidence gathered by investigators.

Weapons Charges Involving Schools and Government Buildings

Colorado law restricts firearms in schools, government buildings, and other designated locations. 

Under C.R.S. § 18-12-105.5, knowingly possessing a firearm on school grounds can result in criminal charges, even when the weapon was never discharged or used to threaten anyone. The law provides certain exceptions, including specific circumstances involving firearms secured in vehicles.

Firearms are also restricted in courthouses, legislative buildings, and other government facilities. Under C.R.S. § 18-12-105.3, carrying a firearm in designated sensitive spaces can lead to criminal penalties, subject to statutory exceptions. Even when someone is unaware that firearms are prohibited in a particular location, they may still face serious criminal charges that require a strategic defense.

When Weapons Charges Accompany Other Criminal Offenses

Accusations that someone committed a crime while possessing or using a firearm can quickly escalate the penalties someone faces after an arrest in Colorado. Someone charged with robbery, assault, or domestic violence could face additional charges or more severe penalties if a firearm was involved. Even when a weapon was not discharged or used to threaten anyone, its possession during certain offenses can have serious legal consequences.

In these situations, prosecutors may seek additional penalties. Making a threat while brandishing a gun, for example, is a much more serious accusation than a verbal threat alone. The right defense strategy can potentially lead to reduced charges or the removal of aggravating factors, which can greatly reduce the potential penalties someone faces in these serious situations.

Penalties for Weapons and Gun Convictions in Colorado

Being convicted of a weapons charge in Colorado can lead to immediate and long-lasting consequences. A misdemeanor conviction can lead to confinement behind bars at Van Cise-Simonet Downtown Detention Center, while a felony conviction can result in confinement behind bars at a state prison. Incarceration can create immediate hardships, such as the loss of a job, strained personal and family relationships, and other serious setbacks.

Even when a sentence is served, the convicted individual could face probation or parole restrictions, the loss of certain rights, and significant challenges when seeking new jobs or applying for housing. Employers and landlords routinely screen applications for criminal records, and a gun crime conviction would be a significant red flag. 

For these and other reasons, anyone facing a weapons charge should work with an experienced defense attorney who can protect their rights.

How Our Denver Criminal Defense Lawyers Challenge Weapons Charges

Being charged with a weapons offense does not mean that you ultimately face the most serious penalties under the law. The steps your attorney takes can influence the outcome of your case. When you secure legal representation, you benefit from your attorney’s years of experience and knowledge of state weapons laws. After reviewing the evidence, a defense lawyer can pursue these and other defense strategies. 

• Questioning criminal intent. Prosecutors may need to establish that the accused knowingly possessed or unlawfully used a weapon. Evidence that raises doubts about the person’s knowledge or intent could weaken the prosecution’s case.
• Disputing witness or victim testimony. Inconsistent statements, conflicting accounts, and unreliable identifications can raise questions about the credibility of witnesses. An attorney can compare testimony against physical evidence and police reports.
• Questioning the legality of a stop and search. Police must follow constitutional requirements when stopping individuals and searching their vehicles or property. Evidence obtained through an unlawful search may be subject to suppression.
• Scrutinizing whether aggravating factors were present. Prosecutors may allege that a firearm was used to threaten someone or commit another offense. Challenging these allegations could reduce the severity of the charges or potential penalties.
• Arguing self-defense. Colorado law permits the use of reasonable force in certain circumstances. Evidence showing that someone reasonably acted to protect themselves or another person could support a self-defense argument.
• Relying on an alibi witness. Witnesses who can establish that the accused was somewhere else when the alleged offense occurred may undermine the prosecution’s account. Supporting evidence, such as surveillance footage, can strengthen an alibi.

Any steps that directly question the prosecution’s narrative can potentially position you for a favorable outcome in your case that protects your rights and freedom. Positive outcomes could include reduced or dropped charges. During the plea bargaining process, an attorney can emphasize weaknesses in the state’s case and mitigating circumstances when seeking leniency from the state.

Colorado’s Red Flag Law and Firearm Protection Orders

Certain gun crime charges require an understanding of the state’s Red Flag law and firearm protection orders. These laws allow courts to temporarily restrict firearm possession when someone is considered a significant risk to themselves or others. 

Violating an extreme risk protection order can result in criminal charges. A defense attorney can examine the circumstances surrounding the order, challenge questionable evidence, and protect the accused individual’s legal rights.

Why You Should Hire a Weapon Charges Lawyer

If you were arrested and charged with a gun crime, your top priority should be to hire a weapon charges lawyer who understands the state’s weapon laws and how to shield you from potentially life-altering weapon penalties. An experienced Denver weapon charges attorney can take the time to carefully listen to your account of events and review the evidence before pursuing the right strategy for contesting your charges. 

Defense lawyers are skilled at investigating accusations and negotiating with prosecutors. Because they are focused on protecting your rights and interests, they can be formidable allies and advocates during a challenging time. 

Accused of a Weapons Crime in Denver? Contact Blackley & Wingad

A weapons conviction can have lasting consequences for your freedom, reputation, and future. At Blackley & Wingad, our criminal defense attorneys bring decades of trial experience and a commitment to protecting the rights of the accused. Our founding attorneys began their legal careers together as assistant public defenders in Miami-Dade, Florida, where they gained valuable experience representing individuals facing serious criminal charges.

We understand what is at stake and are prepared to aggressively contest the prosecution’s case, including taking matters to trial when necessary. If you are facing firearm or weapons charges in Denver, contact Blackley & Wingad today to schedule a confidential consultation and discuss your legal options.