Firearms have long been at the center of America’s conversation about freedom, safety, and responsibility. The debate over the right to bear arms often intensifies when someone is charged with a weapons-related crime.
For those caught in the middle of this tension, the issue stops being political—it becomes intensely personal. Facing charges related to firearm possession or use can be intimidating, and the consequences can affect every part of your life.
At The Leier Law Office, LLC, we understand how frightening it is to face these accusations. Whether your charge involves possession, carrying, or use of a weapon, our goal is to help you understand your rights and defend your freedom. Located in Fort Collins, Colorado, we represent clients in surrounding communities, including Loveland, Greeley, Windsor, and Evans.
Our criminal defense attorney, Kent J. Leier, provides clear guidance and strong advocacy for those facing weapons charges. If you’ve been accused of a firearm offense, reach out to us today to discuss your situation and start building your defense.
The Second Amendment and Its Modern Meaning
The Second Amendment is often quoted but rarely agreed upon. It states, “A well-regulated Militia, being necessary to the security of a free State, the right of the people to keep and bear Arms shall not be infringed.” Those words have inspired both fierce protection of gun rights and equally strong calls for regulation.
Modern courts interpret the amendment through key rulings such as District of Columbia v. Heller (2008), which confirmed that individuals have the right to possess firearms for lawful purposes like self-defense. More recently, New York State Rifle & Pistol Association v. Bruen (2022) expanded the right to carry in public. These decisions influence how Colorado courts handle gun-related charges and how prosecutors pursue cases.
As a criminal defense attorney, our firm looks at how these constitutional principles apply to your case. Our job is to uphold the rights guaranteed by the Constitution while addressing the specific laws that Colorado enforces.
Common Weapons Charges in Colorado
Colorado law recognizes several firearm-related offenses, ranging from misdemeanors to serious felonies. Some arise from misunderstandings, while others result from aggressive prosecution. Common weapons charges include:
Unlawful possession of a firearm: Often filed when someone with a prior felony conviction or restraining order is found with a gun.
Carrying a concealed weapon without a permit: Colorado requires a valid concealed carry permit, and failing to have one can result in arrest.
Illegal discharge of a firearm: Shooting a gun recklessly or in public or private places may bring criminal charges even if no one is hurt.
Possession of a prohibited weapon: Certain items—like machine guns or silencers—can trigger state or federal felony charges.
Using a weapon during a crime: Possession of a gun while committing another offense can significantly increase penalties.
Prohibited Use of a Firearm: This is commonly charged when someone is under the influence of alcohol or drugs while possessing a firearm.
Each situation is unique. The evidence, the context, and how the firearm was found can all change how a case unfolds. Our experienced team reviews every element of your case to find ways to challenge the charges and protect your rights.
When the stakes involve your freedom and your record, it’s essential to have guidance that goes beyond surface-level explanations.
How Possession Is Proven in Firearms Cases
A large part of a weapons case depends on proving possession. But “possession” isn’t always as straightforward as it sounds. There are two forms of possession:
Actual possession: When the firearm is on your person, such as in your hand, waistband, or pocket.
Constructive possession: When you’re alleged to have control over a firearm that isn’t directly on you—for instance, one found in your vehicle or home.
Prosecutors must prove beyond a reasonable doubt that you knowingly possessed the weapon. That means if you were unaware of the gun’s presence, or if it belonged to someone else, the evidence may not support a conviction.
We investigate every detail, from where the weapon was found to who had access to the area. Many cases hinge on small details that determine whether possession was intentional or accidental. Our role as your criminal defense attorney is to uncover those details and use them to your advantage.
Legal Defenses Against Weapons Charges
Several defenses can apply in weapons-related cases. Some focus on constitutional violations, while others involve factual disputes or lawful exceptions. Defense strategies include:
Illegal search and seizure: If law enforcement found the weapon through an unlawful search, the evidence may be excluded.
Lack of intent: You may not have intended to carry or use the weapon unlawfully.
Self-defense: If a firearm was used to protect yourself or others, the law may justify your actions.
Ownership disputes: The firearm might belong to another person, weakening the claim of possession.
Procedural errors: Missteps in evidence handling or the chain of custody can undermine the prosecution’s case.
Every defense depends on the facts, and no two cases are alike. Our criminal defense attorney will examine your situation and decide which legal strategy provides the strongest path forward.
After evaluating all evidence, we may negotiate for reduced charges, request dismissal, or prepare for trial if necessary. Our focus remains on protecting your rights and preserving your future.
Colorado’s Approach to Gun Regulation
Colorado law seeks to balance individual freedoms with public safety. State statutes require background checks for all firearm sales, including private ones. The “red flag” law allows courts to temporarily remove guns from people considered a danger to themselves or others.
In addition, certain individuals—such as those with domestic violence convictions or restraining orders—can lose their right to own or carry firearms. Even temporary possession during these restricted periods can lead to felony charges.
Colorado also prohibits certain weapons, including short-barreled shotguns and fully automatic firearms. Ignorance of these restrictions isn’t a defense, so it's crucial to know your rights before purchasing or carrying a weapon.
Our criminal defense attorney reviews whether any laws were misapplied or whether your constitutional rights were infringed. When state regulations intersect with federal protections, careful legal analysis is key to a fair outcome.
How We Help Protect Your Constitutional Rights
At The Leier Law Office, LLC, we approach every case with care, preparation, and an understanding of what’s at stake. We take the time to review police reports, witness statements, and evidence to determine whether any constitutional rights were violated.
Our experienced criminal defense attorney, Kent J. Leier, uses his deep knowledge to identify weak points in the prosecution’s case and advocate for the most favorable outcome.
Whether that means negotiating reduced penalties, pursuing dismissal, or going to trial, we’re dedicated to defending your rights. Law enforcement works 24/7 to build a case against you, so your lawyer should be working just as hard to protect your freedom.
For clients across the Fort Collins area, we serve as a dependable ally during one of the most challenging experiences of their lives. Firearms charges can threaten your freedom and your future, but with the right defense, you can protect both.
Take Legal Action Today
If you’re facing a weapons charge, don’t wait to get legal help. At The Leier Law Office, LLC, we represent clients throughout Fort Collins, Loveland, Greeley, Windsor, and Evans, Colorado. Our mission is to protect your constitutional rights and guide you toward the best possible resolution.
Every case requires careful attention, especially when it involves a fundamental right such as the right to bear arms. We’re ready to listen, advise, and fight for your defense.
Contact The Leier Law Office, LLC today to speak with our experienced criminal defense attorney, Kent J. Leier, and take the first step toward protecting your future.
