Illegal Use of a Weapon in Colorado (C.R.S. § 18-12-106)

If you carry a firearm in Colorado—whether as a CCW holder, security guard, or for lawful self-defense—you need to clearly understand what crosses the line into illegal use of a weapon.

This statute is often misunderstood because it doesn’t just apply to criminals—it can apply to otherwise lawful firearm owners who act recklessly, negligently, or while impaired.

The Law: C.R.S. § 18-12-106

Under Colorado Revised Statute § 18-12-106, a person commits illegal use of a weapon if they knowingly:

Discharge a firearm in a reckless or negligent manner
Discharge a firearm into any dwelling, building, or occupied structure
Possess or use a firearm while under the influence of alcohol or drugs
Possess a firearm while committing certain crimes

This law focuses on how a firearm is used, not just whether you can legally possess one.

Reckless or Negligent Discharge

This is where most people get into trouble.

You do not need intent to harm someone. If your actions show a disregard for safety, that can be enough.

Examples:

Firing a “warning shot”
Shooting into the air (celebratory gunfire)
Negligent discharge while handling or cleaning a firearm
Firing in a neighborhood without lawful justification

Even if nobody is injured, you can still be charged.

Carrying a Firearm While Under the Influence — Is There Any Leeway?

This is one of the biggest gray areas in Colorado law.

Under C.R.S. § 18-12-106, the standard is impairment, not a specific BAC like DUI laws. There is no defined legal limit such as .08.

This includes:

Alcohol
Marijuana (even though it is legal in Colorado)
Illegal drugs
Prescription or over-the-counter drugs that impair you

So is there any leeway?

Technically, maybe—but it works against you.

One drink with no obvious impairment might not result in charges
But the moment your judgment, coordination, or decision-making is affected, you are at risk

Even though marijuana is legal in Colorado, it is still illegal to carry or use a firearm while under the influence of it. The same applies—more obviously—to illegal drugs.

If you are involved in any incident—even a justified self-defense situation—any substance in your system will be scrutinized and can be used against you.

Bottom Line

There is no clear “safe” threshold under the law.

If you’re going to carry a firearm, don’t drink or use drugs.
If you’re going to drink or use drugs, don’t carry.

For CCW holders, police officers, security guards, and anyone carrying professionally, this should be treated as a zero-tolerance issue.

Discharging Into a Building or Structure

This is treated very seriously under Colorado law.

Discharging a firearm into:

A home
A business
Any occupied structure

…can result in significant criminal charges, even if you believed it was unoccupied.

What This Means for CCW Holders and Security Guards

If you carry a firearm professionally or for personal defense, this statute is critical.

You are expected to:

Maintain control of your firearm at all times
Avoid negligent or reckless handling
Never use a firearm as a warning or intimidation tool
Only discharge a firearm when legally justified under C.R.S. § 18-1-704 (self-defense)

This directly ties into your use-of-force decision-making and training.

When Is It NOT Illegal?

Use of a firearm is lawful when it meets Colorado’s self-defense standard.

That generally means:

You are facing an imminent threat
Your response is proportional
Your actions are reasonable under the circumstances

If those elements are not present, you risk criminal liability under this statute.

Penalties

Illegal use of a weapon is typically charged as a:

Class 2 misdemeanor

Potential consequences include:

Jail time
Fines
Permanent criminal record
Possible loss of firearm rights

If combined with other offenses (such as menacing or assault), the situation can escalate quickly.

Common Misconceptions

“I can fire a warning shot.”

No. This is one of the fastest ways to get charged under this statute.

“If nobody got hurt, it’s not a crime.”

Wrong. Reckless discharge alone is enough.

“I can carry after a few drinks.”

There is no defined legal limit. Impairment is the standard, and it can be used against you.

“I was just trying to scare someone.”

That can quickly turn into felony menacing, depending on the circumstances.

Q&A Section

Is it illegal to accidentally discharge a firearm in Colorado?

Yes—if it was caused by negligence or unsafe handling.

Can I shoot on my own property?

It depends. In rural or appropriate areas it may be lawful, but in neighborhoods it can still be considered reckless.

Can I carry a firearm after one drink?

There is no clear legal threshold. Even minor impairment can create legal risk, especially if something happens.

Is a warning shot ever justified?

Practically and legally—no. It is almost always considered reckless.

Does this apply to security guards?

Yes—and you are held to a higher professional standard. A negligent discharge or impaired carry on duty can end your career.

Final Takeaway

Illegal use of a weapon in Colorado comes down to judgment, discipline, and control.

Carrying a firearm is legal.
Using it improperly—even briefly—can turn into a criminal charge.

If you carry:

Stay disciplined
Stay sober
Stay within the law

Colorado Concealed Handgun Permit (CHP) Class

If you live in Colorado and are applying for or renewing a Concealed Handgun Permit (CHP), state law requires completion of a qualifying training course taught by a verified instructor. Our Colorado CHP classes meet current statutory requirements and include legal instruction, firearms safety, and required certification documentation.
View upcoming Colorado CHP classes and sign up here: Colorado Concealed Handgun Permit Class

Self-Defense Insurance

Even a lawful act of self-defense can trigger criminal investigations, civil lawsuits, and significant legal costs. Many CCW holders evaluate self-defense insurance or legal protection plans to help manage those risks—coverage varies by provider and state, so understanding the differences matters.
Learn more and compare options here: Self-Defense Insurance Comparison

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Legal Disclaimer

Legal Disclaimer: This information is provided for educational purposes only and does not constitute legal advice. Firearm laws can change, and local, state, federal, tribal, and municipal regulations may vary. Always verify current laws and consult a qualified attorney before carrying a firearm or making legal decisions related to self-defense. US Firearms Training Academy assumes no liability for actions taken based on this content.