2022-11-07T07:13:29
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CRS 18-12-106.5. Use Of Stun Guns • • •
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C.R.S 18-12-106.5
Colorado Use of Stun Guns
It is a Class 5 felony under C.R.S. 18-12-106.5 to knowingly and unlawfully employ a stun gun in the conduct of a crime, regardless of whether it is discharged. It carries a sentence of one to three years in state prison and/or fines ranging from $1,000 to $100,000.
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Home > C.R.S 18-12-106.5 — Colorado Use of Stun Guns
Penalties for Use of Stun Guns in Colorado
Charge Classification Penalty
Use of Stun Guns Class 5 felony
• one to three years in state prison and/or
• $1,000 to $100,000 in fines
(Colo. Rev. Stat. 18-12-106.5)
Possible Defenses for Use of Stun Guns in Colorado
To be convicted of use of stun guns in Colorado, the prosecution must prove that you are guilty beyond a reasonable doubt.
To do so, they will have to prove the following elements:
• You used a stun gun in the commission of a criminal offense
• You did so knowingly and unlawfully
As with any criminal or weapon case , the facts and evidence of the case will determine the best strategies for defending against the allegations. These are a few potential defenses.
It Was Self-Defense
Evidence of another person’s aggression or perceived danger can support claims that you used a stun gun in self-defense. A criminal defense attorney can demonstrate that the stun gun was intended or used for that purpose.
The Gun Was Not Used in a Crime
A stun gun is prohibited in Colorado, but only if it is used during a crime. If the defendant can prove they did not commit the offense or did not use the stun gun to commit the crime, it is a strong defense against criminal prosecution.
It Was Not a Stun Gun
According to Colorado Revised Statute 18-12-101, a stun gun is defined as a “device that can momentarily immobilize a person by applying an electrical charge.” You may contend that the alleged “stun gun” device did not adhere to the requirements for being a stun gun. You could also argue that the stun gun was not a working gun so there could be no possibility of it being capable of applying an electric charge.
Colorado Revised Statutes, C.R.S 18-12-106.5:
“A person commits a class 5 felony if he knowingly and unlawfully uses a stun gun in the commission of a criminal offense.”
Have You Been Charged or Arrested for Using a Stun Gun in Colorado Springs or El Paso County?
No one wants to suffer penalties and serve time. If you’re charged with using a stun gun in Colorado, you should seek the assistance of a qualified criminal defense lawyer. Our attorneys at Right Law Group have a wealth of knowledge in this field of law. We understand how to navigate the complex legal system and provide convincing evidence to a judge or jury. Contact our law offices if you are near Colorado Springs or El Paso County. We’ll fight to keep you free.
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FAQ: Colorado Use of Stun Guns
Is it illegal to own a stun gun in Colorado?
Only when a stun gun, also known as a taser, is used to commit a crime is its usage prohibited. The most typical application of a stun gun is self-defense, whether for yourself or in defense of another person. However, stun guns may not be purchased or owned by minors or anyone under 18.
Do I need a background check or permit for a stun gun in Colorado?
There is no background check requirement in Colorado to purchase a stun gun, and you don’t need a special license to own one. The concealed carry of stun guns is also legal without a permit, unlike concealed handguns in Colorado.
Is three years the maximum sentence for a stun gun charge in Colorado?
Not necessarily. Stun gun charges are frequently coupled with other, more severe felonies since they are filed when criminal conduct has been committed. The sentence may be extended by several years in jail and include additional penalties if other crimes are involved.
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