Under C.R.S. § 18-12-106(1)(d), a person commits a class 2 misdemeanor if:
Reviewed by Will Luker, Founder of CCW Hub. USCCA Training Counselor, USCCA Certified Instructor, NRA Certified Instructor, Law Enforcement.
Under C.R.S. § 18-12-106(1)(d), a person commits a class 2 misdemeanor if:
"The person has in his or her possession a firearm while the person is under the influence of intoxicating liquor or of a controlled substance, as defined in section 18-18-102(5)."
Possession of a concealed carry permit issued pursuant to Part 2 of Article 12 (or a temporary emergency permit) is not a defense to a violation of this subsection. The statute explicitly states:
"Possession of a permit issued under section 18-12-105.1, as it existed prior to its repeal, or possession of a permit or a temporary emergency permit issued pursuant to part 2 of this article is no defense to a violation of this subsection (1)."
Colorado courts have held that possession of a firearm while intoxicated is a strict liability offense. In People v. Wilson, 972 P.2d 701 (Colo. App. 1998), the court ruled that the trial court did not err in refusing to instruct the jury that "knowingly" was an element of the offense.
The common sense definition of "possession" as used in C.R.S. § 18-12-106(1)(d) is the actual or physical control of a firearm. (People v. Garcia, 197 Colo. 550, 595 P.2d 228 (1979))
The statute does not specifically define "under the influence of intoxicating liquor" for purposes of this section. However, in People v. Beckett, 782 P.2d 812 (Colo. App. 1989), aff'd, 800 P.2d 74 (Colo. 1990), the court found that the failure to define "under the influence of intoxicating liquor" was harmless error where the defendant testified he was too drunk to drive.
Additionally, in People v. Koper, 2018 COA 137, the court held that the trial court did not err in rejecting defendant's jury instructions and expert testimony regarding blood alcohol content inferences and presumptions, as those are not incorporated under the prohibited possession of a firearm statute (i.e., the DUI BAC presumptions do not automatically apply to this firearms offense).
Self-defense is not a valid defense to the crime of prohibited use of weapons under this statute. (People v. Beckett, 782 P.2d 812 (Colo. App. 1989), aff'd, 800 P.2d 74 (Colo. 1990))
The prohibition applies to being under the influence of:
The Colorado Supreme Court has upheld this statute, finding that:
Violation of C.R.S. § 18-12-106(1)(d) is a class 2 misdemeanor.
This page covers one part of our Colorado concealed carry guide.
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