New CO resident here, just bought a home in Conifer. Question.

I know that Colorado statute C.R.S. 18-12-106 makes it a crime to be in possession of a firearm while legally intoxicated. I also know by watching Rocky Mountain Law (LOL) that you can be arrested for it even in your own home.

So theoretically if a home invader kicks in the door while you happen to be 8 fingers deep into a bottle of Glenlivet, and you retrieve your HD gun to repel the attack, you can now be charged with a weapons crime. Is that correct?

Sorry if this has been covered before.

Possible: yes. Likely: no.

Completely up to the discretion of the responding officer and the prosecuting attorney later on. Either way, keep your mouth shut without your own legal representative.

That should answer any other questions regarding under the influence and firearms.

Understood.

i live pretty close to you (windy point), and honestly that would be the last of my worries in that situation.

As stated though, dont talk to police other than to notify that there has been a shooting and that immediate medical attention is required.  Let your lawyer handle the rest.

BTW, kudos to you for actually looking up, reading, and comprehending the statues. Not enough of that from some. Thank you.

I was originally looking up if carrying into places that serve alcohol is prohibited. It seems like CO is fine if you drink while carrying, just not be drunk. Google brought up several criminal defense attorney sites who note that if you get a DUI with a firearm in the vehicle, you get dinged for the weapon charge too. Lot to think about since I also read in CO .05% BAC is already a crime (driving while impaired).

I believe the statute uses the word "intoxicated", and even though intoxicated is generally known to mean above a .10 BAC, in terms of driving it is .08.

When researching the issue, the only place I could find a definition for "intoxicated" in Colorado Revised Statutes is in Title 42 (Vehicles and Traffic), which is basically defined as .08 BAC. There are however, cops that will arrest you and probably DAs that will charge you for having any alcohol in your system while possessing a firearm.

An example I can give is that there are statutes against firing a gun into an occupied dwelling or vehicle. It's there for extra leverage against people doing stupid shit (think gangbangers) but won't get charged in a legitimate self-defense shooting.

In the end, don't do stupid shit.

The wording in CRS is "under the influence."  There is no set definition for "under the influence" as it also includes pharmaceutical & recreational drugs (no weed & guns) and it entirely up to the discretion of the officers.

Yes.

Welcome to the state

Thanks! We love it,