Welcome to the Colorado AR-15 Shooters Club Discussion Forums.
Bailey, if you have your gun in the car when you get a DUI, do you get it confiscated?
Also, let's say that you are caught carrying without a permit, but not otherwise commiting any other crimes. The police department takes your gun, but what right do they have to keep it, and can you get it back?
"There are no finger prints under water."
DUI Is a misdemeanor(second offense is a class 2) in Colorado, so a DUI does not necessarily disqualify one from owning arms.
More info:
CRS 42-4-1301
If your coworker spent more than 1 year in prison for any single count, or was convicted of any misdemeanor or felony crime which carried a possible sentence of more than 1 year, he is not eligible to own a firearm under 39 USC sec 922.
I also thought this, but the guy is sure he doesn't have any felony records... well, we'll see what background check results are gonna be..Originally Posted by SA Friday
Feedback or what left of it after a Great Crash of 2012.
"You should never underestimate the predictability of stupidity!"
"If you make something idiotproof, someone'll make a better idiot!"
That would depend on where the gun was. If it was in your possession (usually defined roughly as you're able to reach it without much effort) you'll probably be charged with Prohibited Use of a Weapon. That's the charge for having a firearm in your possession while under the influence of alcohol or drugs. Yes, it will be confiscated.
If you get charged for Unlawfully Carrying a Concealed Weapon your gun will almost always be taken as evidence, just as it would for any other weapons charge. If you are convicted or plead guilty to any weapons charge you will generally lose the gun and it will be either sold or destroyed by the charging/arresting agency. There are always exceptions, though, depending on lots of variables.
Here's the appropriate statute (slightly paraphrased for brevity):
18-12-110. Forfeiture of firearms.
Upon the motion of the prosecuting attorney after the conviction of a defendant, the court may order the forfeiture of any firearms which were used by the defendant during the course of the criminal episode which gave rise to said conviction as an element of sentencing or as a condition of probation or of a deferred sentence. Firearms forfeited under this section shall be disposed of pursuant to section 16-13-311, C.R.S.
The amount of info supplied concerning his history was very limited. I also suspect based on my experience interviewing people with criminal backgrounds, he might have left out some, um, details. That's why I was very selective in the wording of my previous post.
Bailey's info is really good. I suspect if he spent over 12 months in jail... there's probably something more there he's not telling you. Trust but verify on this one.
Is just carrying the gun without a permit considered a "criminal episode" though?
I just find it dumb that you can get a DUI and have your car impounded, but still get it back; but if you have a gun without a permit, or were drunk at the time, you can't get your gun back.
"There are no finger prints under water."
Thank you guys, a lot of good info here!
Feedback or what left of it after a Great Crash of 2012.
"You should never underestimate the predictability of stupidity!"
"If you make something idiotproof, someone'll make a better idiot!"
well, then I don't really understand the whole point of CCW Permit....
Feedback or what left of it after a Great Crash of 2012.
"You should never underestimate the predictability of stupidity!"
"If you make something idiotproof, someone'll make a better idiot!"
Yes...just the act of carrying the gun concealed - on or about your person - without a permit is a crime per 18-12-105 CRS. Could also apply to a knife (as defined by having a blade over 3.5" in length) if you're carrying it concealed.
You may or may not get your gun back. Like I said, it depends on a lot of variables...prior history, totality of the circumstances surrounding your arrest, mood of the prosecutor, etc...
There is a big difference between the misdemenor of carrying a gun without a permit, and committing a crime with a gun. That's why I liken it to the DUI thing. You can get your car out of impound, why not your gun?
"There are no finger prints under water."
Posting Permissions
Reply With Quote