Bringing your gun into the security checkpoint is an easy mistake to make. Many keep their guns on at all times and simply forget to remove them when it comes time to travel. However, that does not mean that the act is legal. Breaking this law is a surefire way to face serious penalties.

Why You Can’t Introduce a Firearm into a Transportation Facility

Carrying a gun into an airport is illegal in Colorado. The crime of introducing a firearm into a transportation facility is defined under Criminal Code § 18-9-118 as the act of carrying, bringing, or otherwise possessing a firearm or explosive device into any facility of public transportation without legal authority. Even if you didn’t mean to bring your gun to the airport and forgot it was there in your luggage or your holster, you may still be facing an arrest and eventual conviction. This crime counts as a Class 6 felony, which can result in some severe penalties.

Steps to Take Immediately After Being Stopped with a Firearm in an Airport

Take the following steps promptly after being stopped with a firearm at an airport security checkpoint. These measures can help safeguard your legal rights if further legal action is taken against you:

• Remain Calm and Cooperative: Follow instructions calmly and avoid making sudden movements. Do not argue with or resist law enforcement.
• Do Not Discuss the Incident: Refrain from discussing details of the incident or providing explanations without legal counsel present. Anything you say can be used against you.
• Invoke Your Right to Legal Counsel: Politely request to speak with an attorney immediately. Contacting a lawyer specializing in firearm and criminal defense is crucial to protect your rights and provide guidance.
• Choose an Experienced Lawyer: Select a Colorado criminal defense attorney with experience in handling firearm-related cases and familiarity with airport security regulations. Consider referrals from trusted sources or reputable legal directories.
• Document Everything: Write down details of the incident as soon as possible, including interactions with authorities, to help your lawyer in preparing your defense.

How to Prevent Future Issues as a Firearm Owner

Firearm owners can reduce the risk of inadvertently violating laws or regulations related to firearm possession in restricted areas by using the following checklist:

• Know Local Laws and Regulations: Familiarize yourself with firearm possession laws in the areas you frequent, including restrictions on carrying firearms in certain locations like airports, government buildings, and schools.
• Regularly Inspect Your Belongings: Before traveling or entering restricted areas, thoroughly check all bags, purses, and belongings where a firearm could potentially be stored.
• Use Secure Storage and Transport: Always store firearms securely in designated cases or safes, ensuring they are unloaded and ammunition is stored separately. Use locks and other security measures to prevent unauthorized access.
• Stay Mindful and Alert: Develop habits of awareness and mindfulness regarding your firearm’s location and status. Avoid distractions that could lead to forgetting or mishandling firearms in restricted areas.

In addition to the above checklist, follow these recommendations to help ensure the safe and legal transport of firearms during travel, reducing risks associated with mishandling or unauthorized access:

• Use a Secure, TSA-Approved Case: Transport firearms in a sturdy, lockable case that meets Transportation Security Administration (TSA) guidelines. Ensure the case is designed specifically for firearms and can be securely locked.
• Separate Firearms and Ammunition: Store firearms and ammunition in separate compartments within the case. Ammunition should be in its original packaging or a secure container designed for travel.
• Choose Direct Routes and Reliable Transport: Opt for direct routes and reputable transport providers that adhere to safety protocols for transporting firearms. Avoid overnight stays where firearms may need to be left unattended in vehicles.
• Research and Comply with Local Laws: Research and understand firearm laws and regulations at your destination before traveling. Ensure compliance with local requirements for storage, transportation, and carrying of firearms to avoid legal issues.

Penalties for Bringing a Gun to an Airport in Colorado

Colorado rates its felonies on a class system, from 1 to 6. A Class 6 felony is considered the least severe, so it does involve the lowest penalties. However, it’s still a felony, which can impact the rest of your life. Typically, a felony 6 crime conviction includes:

• Up to 18 months in prison
• Between $1,000 and $10,000 in fines

Of course, that is only your immediate sentence. Being convicted of a felony makes you a felon, whether it was a Class 6 felony or a Class 1 felony. As we already mentioned, in Colorado, felons lose certain rights:

• The right to own a firearm
• The right to certain employment
• The right to vote while in prison
• The right to travel internationally
• The right certain government assistance programs
• The right to parental custody

On top of this, your criminal record will also become available to the public. This means that whenever you apply for a job, a loan, or housing, your felony conviction will be available for all to see. This could seriously impact your ability to maintain steady employment or even keep a roof over your head.

This seems overly harsh for something as simple as accidentally bringing a gun into the airport. We couldn’t agree more, which is why we recommend that you look for skilled legal representation.

Impact of Firearm Charges on Professional Licenses and Employment

A felony conviction can severely impact professional licenses across various fields. Occupations such as medicine, law, and finance often have stringent licensing requirements that may be revoked or denied due to a criminal record. Professional consequences can include loss of licensure, restrictions on practice, or difficulty obtaining new licenses.

Employment challenges post-conviction may require strategies like focusing on fields less impacted by background checks, pursuing expungement where possible, or demonstrating rehabilitation and ongoing compliance with legal obligations. Seeking legal counsel and proactive measures can help mitigate these challenges and maintain or regain professional standing.

Legal Defenses Against Firearm Charges in Colorado Springs Airports

Legal defenses against firearm charges in airports can hinge on several factors. Lack of intent can be a critical defense, especially if the individual forgot they were carrying a firearm. This defense argues that there was no criminal intent to violate airport security regulations.

Additionally, Fourth Amendment violations may be invoked if the firearm was discovered through an unlawful search or seizure, potentially leading to suppression of the evidence.

Finally, possessing a valid concealed carry permit can strengthen a defense by demonstrating lawful possession under certain circumstances, although airports often have strict regulations regardless of state permits. Each defense requires thorough legal assessment and factual support to be effective in court.

Our Colorado Springs Airport Firearms Defense Lawyers Can Help You Make a Defense

After being stopped with a gun in an airport, you could be facing both criminal and civil charges. The civil charges will be administered by the TSA, and while they will not result in jail time, they could still cost you a fair amount in fines. Then, of course, there is the issue of the criminal charges you may be facing, which, as we went over above, could have a significant impact on your life.

Thankfully, if you are near Colorado Springs, you don’t have to go through this stressful process alone. We at The Bussey Law Firm, P.C., have helped countless Coloradans who accidentally brought their guns into restricted zones, and we can help you, too. As top criminal defense attorneys, we know our way around a courtroom and can build you a strong defense.

To get your free consultation with one of our airport firearms defense attorneys in Colorado Springs, call (719) 475-2555 today.

The post Guns in Airports: The Penalties You May Face appeared first on Colorado Springs Attorneys.

Senate Bill 279, signed into law by Governor Jared Polis on June 2, 2023, closes a loophole that allowed people to own and purchase so-called “ghost guns,” which can be assembled at home. Ghost guns are unregistered and untraceable by law enforcement.

Recent shootings involving ghost guns in Colorado and across the nation have heightened awareness about the dangers posed by these firearms. According to the ATF, the use of ghost guns in crimes has risen 1000 percent since 2017.

What Is a Ghost Gun?

Gun frames or receivers include essential components that allow a firearm to function, including the barrel and firing mechanism. Federal law requires gun manufacturers to put serial numbers on frames and receivers.

Although the law requires manufacturers to place serial numbers on firearms, the federal government doesn’t regulate most gun parts. This loophole makes it possible for people to own ghost guns, which can be assembled at home from kits or using a 3D-printed. These firearms don’t have a serial number.

Ghost guns make it possible for people to evade background checks when purchasing a firearm. They also prevent law enforcement officials from tracking a gun’s origins.

The new Colorado law includes the following provisions:

• A mandatory three-day waiting period for all gun purchases
• Raises the minimum age for buying guns from 18 to 21
• Designates machine gun conversion devices as “dangerous weapon”
• Prohibits knowingly possessing, selling, receiving, offering to sell, or transporting unfinished gun frames or receivers without a serial number
• Prohibits knowingly selling, receiving, offering to sell, transferring, purchasing, or owning a firearm that is not imprinted with a serial number
• Expands red flag laws that allow teachers, prosecutors, and medical professionals to petition a judge for the temporary seizure of someone’s firearms

Strict New Ghost Gun Penalties

Federal law prohibits dealers from selling firearms to felons and people deemed mentally unfit to own a gun. Colorado law restricts gun ownership for anyone convicted of a violent misdemeanor in the last five years, and court orders relating to domestic violence or a serious mental condition may also restrict gun rights.

Ghost guns allow people who would be legally unable to purchase a firearm to evade a background check. These devices generally cost around $500, but they may be purchased for less than $200.

Ghost guns were involved in the Club Q shooting in Colorado Springs that resulted in five fatalities and the East High School shooting, where the shooter was 17 years old.

If you own a firearm that doesn’t have a serial number, you must get it serialized by a registered gun dealer no later than January 1, 2024. Dealers are required to run a background check before serializing a firearm.

Unlawful conduct involving an unsterilized firearm is a class 1 misdemeanor, carrying a penalty of up to 364 days in jail.

Subsequent offenses are a class 5 felony, carrying up to three years in jail.

The new law also prohibits the Colorado Bureau of Investigation from approving a firearm transfer to a person convicted of a misdemeanor for unlawful conduct involving an unserialized firearm, frame, or receiver in the last five years.

Protecting Your Rights in Colorado

The Bussey Law Firm, P.C. has been safeguarding the rights of Colorado citizens for over 25 years. Our Colorado Springs weapons violation attorneys will fight aggressively for your best interests. In fact, founding attorney Timothy Bussey prevailed in a landmark gun rights case he argued in front of the Colorado Supreme Court.

Timothy Bussey received a Gold Client Champion Award from Martindale-Hubbell and was featured in Super Lawyers Magazine. He is also recognized as a Fellow by the Litigation Counsel of America.

Call (719) 475-2555 to learn more today.

The post Breaking Down Colorado’s New Anti-Ghost Gun Law appeared first on Colorado Springs Attorneys.

What Is Menacing?

“A person commits the crime of menacing if, by any threat or physical action, he or she knowingly places or attempts to place another person in fear of imminent serious bodily injury. Menacing is a Class 1 misdemeanor, but it is a Class 5 felony if committed by the use of a firearm, knife, or bludgeon or a simulated firearm, knife, or bludgeon.” C.R.S. 18-3-206. Felony menacing carries a possible penalty of 1 to 3 years in prison and a fine of between $1,000 and $100,000.

What Is Disorderly Conduct?

A related but lesser offense is Disorderly Conduct. C.R.S. 18-9-106(f). This statute makes it illegal to display “a deadly weapon, display an article that is used or fashioned in a manner to cause a person to reasonably believe that the article is a deadly weapon, or represents verbally or otherwise that he or she is armed with a deadly weapon in a public place in a manner calculated to alarm.” Id.  This offense is a Class 2 misdemeanor and carries a penalty of up to 120 days in jail and/or a fine of up to $750.

People v. Torres

While similar, the Colorado Supreme Court explained the difference between the two statutes in People v. Torres, 848 P.2d 911. In Torres, the defendant was traveling as a passenger in a vehicle when he got out of the window and displayed a shotgun at a car traveling next to him. Mr. Torres was charged with Menacing. Torres argued that the actus reus, or criminal act, in both statutes was the same, and therefore, Mr. Torres could not be penalized under the more punitive Menacing statute because that would violate his equal protection rights.

The Court disagreed and explained, “The display of a deadly weapon in an alarming manner in a public place constitutes the actus reus of disorderly conduct with a deadly weapon.  In contrast, the more specific act of “placing another person in fear of imminent serious bodily injury by the use of a deadly weapon” constitutes the actus reus of felony menacing. A person can display a deadly weapon in an objectively alarming manner in a public place without placing anyone in fear of imminent serious bodily injury.  Id. 915. Generally, the difference is whether the defendant directed his actions specifically at a person or group of people with the intent to threaten serious bodily injury as opposed to, for example, waiving a gun in a crowd without indicating a threat or intent to use it.

Your Actions Must Be “Reasonable” to Be Lawful

Often, people will get charged with one of these offenses after displaying a firearm after receiving what they believe to be a threat, only to end up being charged with a crime.  While Colorado allows a person to “stand his or her ground,” the law places limits on when a person can display a firearm. C.R.S. 18-1-704 allows a person to use force to defend himself or another from what he reasonably believes to be the use or imminent use of unlawful physical force. But, the degree of force used can only be reasonable and proportional to the perceived threat. This is where people often get into trouble. A “reasonable” belief is one that would be shared by others in the same or similar situation. It is not a belief that applied only to the defendant in the moment.

For example, Mary is thrown out of a bar because she is being disruptive. As the bouncers remove her to the street, Mary says one of the bouncers twisted her arm and sprained her elbow. She draws a handgun and points it at him telling him to leave her alone. This would not be a reasonable belief of harm proportional to the threat of serious bodily injury she is presenting to the bouncer. Mary would likely get charged with Menacing. Her claim of standing her ground would not hold up.

To be found guilty of Menacing, it has to be proven that the offender’s intent was to instill a fear of imminent serious bodily injury. The threat alone is not sufficient. The problem with firearms is that most people are reasonably scared of imminent serious bodily injury when someone points a firearm at them. Before you point a firearm at someone the fear, remember that you are about to instill in them a fear that must be reasonably proportional to the fear you are experiencing from them.

Protective Yourself Legally as Well as Physically

Owning firearms for self-defense is common. If you do, you must understand what lawful and unlawful use of the firearm is. Each year, law-abiding, upstanding citizens find themselves charged with Menacing because they didn’t understand the limits of the use of the firearm.

If you’ve been charged with menacing or disorderly conduct because of the use of a firearm, call The Bussey Law Firm, P.C. at (719) 475-2555. They have the experience and knowledge necessary to present your best defense.

The post When Can You Point a Firearm at Someone? appeared first on Colorado Springs Attorneys.

This doesn’t mean there are more people intentionally trying to bring a firearm on a plane, but it does give authorities concern. Any gun on a plane in the hands of the wrong person can be dangerous for everyone on board.

What If This Happens to You?

To combat this situation, authorities and judges are taking a closer look and a harder approach to guns in airports. In Denver, if a person is caught with a firearm in their carry-on luggage, TSA stops the bag and calls in local police. After reviewing the circumstances, the gun owner is typically charged with a municipal code violation for Violation of Airport Rules and given a court date. But this is only half the problem.

After receiving the municipal charge, the gun owner will receive a Notice of Violation from the TSA, too. While the TSA violation is a civil offense and not criminal, it can come with significant fines on top of any municipal court fines, often thousands of dollars.

Causing a Stir

Judges are very concerned with the problem. Recently, a General Sessions judge explained in a case that the increase in gun violations at the airport has truly become a public safety concern.  She failed to see how someone could simply forget they have a deadly weapon in their bag. Judges’ patience with the “I forgot it was in my bag” defense has grown tiresome. In response, judges are giving larger fines, up to the maximum, requiring community service and gun safety classes, and in cases where the firearm was chambered, the offender is being required to relinquish their firearm.

A Great Attorney Can Help

If you find yourself charged with attempting to carry a firearm through a TSA checkpoint, you need an attorney. The Bussey Law Firm, P.C. is well-equipped and experienced in defending this charge. Our firm routinely handles DIA and Colorado Springs Airport cases. Given the rise in the number of these cases and the courts’ current frustration with this offense, you should contact The Bussey Law Firm, P.C. at (719) 475-2555 to ensure you get the best defense out there.

The post TSA Finds More Guns at Denver International Airport Checkpoints Than Ever Before appeared first on Colorado Springs Attorneys.

In the aftermath of an airport firearm violation, you may feel overwhelmed and shocked. Many people who accidentally bring a firearm to the airport mean no harm and are just as surprised as the agent who found it.

While you may be upset, it is important to keep your rights and your best interests in mind for the future. While some firearm violations can be cleared up quickly, others may snowball into serious criminal charges. Having a Colorado Springs weapons violation attorney on your side, and knowing your Colorado gun rights, will ensure that you get the best possible outcome.

Colorado Gun Laws

Colorado, like all other states, allows private citizens to own firearms. This is a right guaranteed by the Second Amendment to the United States Constitution. However, there are still regulations and laws surrounding the ownership of a firearm. If you want to own a gun in Colorado, you must:

• Be 21 or older
• Fill out an ATF form 4473
• Pass a Colorado Bureau of Investigations (CBI) background check

If these requirements have been met, you will be permitted to purchase the gun and open-carry it. However, if you want to conceal-carry, as in carry a gun on your person and not keep it in plain view, then you will need to go through a permit process. Once you obtain the permit, you will be allowed to conceal-carry your gun.

Coloradans are enthusiastic gun owners. According to a recent CBS News report, there are over 100,000 gun owners in Colorado currently. This may be no surprise to you, especially if you own a gun yourself. However, the higher number of gun owners in Colorado does not change the fact that it is not legal to bring a gun into an airport, unless you are transporting it in your checked bag. Of course, if you bring your gun everywhere you go, it can be easy to forget that it is on your person before you get into that security check line.

The Number of Discoveries Are Rising

Despite there being record low airport turnout for 2020, the Transportation Security Administration (TSA) has continued to find a high number of firearms on passengers. In July 2019, only about 5.1 guns per million passengers were found. This year, however, that number tripled to 15.3 guns per million passengers. It seems more people than ever are trying to bring their guns onto planes with them. Considering the current state of the country, it is understandable that people would want to be able to protect themselves during their travels. However, that does not change the legality of taking a gun onto a plane.

How to Lawfully Carry a Firearm on a Flight

Most of the time, guns are discovered when people who did not intend to travel with their gun forget that it is stored somewhere in their belongings. However, if you were purposefully traveling out of Colorado with your gun and weren’t aware of the regulations, or you would like to travel with your gun in the future, you can do so under the correct circumstance.

To carry a firearm on a flight, you must leave the gun in your checked baggage and declare it at the time you check your bags. You must also follow TSA guidelines on how to store guns and ammunition:

• Your firearm must be unloaded and locked in a hard-sided container. You should have a key or combination for the lock, and provide it to the TSA if they need to open the container.
• Firearm parts can only be placed in checked baggage.
• Replica firearms can only be placed in checked baggage.
• Ammunition can only be placed in checked baggage.

TSA guidelines include additional specific requirements for transporting firearms and ammunition.

Civil and Criminal Charges for TSA Firearm Violation

After a firearm has been discovered on your person or in your baggage at the airport, the TSA has the option to pursue civil or criminal enforcement. Civil enforcement, which is the lighter of the two options, will involve the TSA sending you a notice of violation letter and a form. This is a civil (non-criminal) monetary penalty for a regulatory violation.

TSA officials take the circumstances of your violation into consideration and determine the severity of the violation. This is how they determine the amount of money to demand. They may offer you a 50% payment option, which is a settlement that allows you to pay less so long as you pay quickly.

If criminal action is taken against you, then it will be handled separately by criminal prosecutors, and through separate notification. If you are charged criminally, you may be detained and arrested at the airport. The airport police may also confiscate your gun.

Depending on the specifics of the situation, you may be charged with a third-degree felony or a Class A misdemeanor. A third-degree felony is punishable by imprisonment for two to ten years and fines of up to $10,000. A Class A misdemeanor is punishable by up to one year in county jail, and a fine of up to $5,000.

After a Misunderstanding at the Airport, Call a Lawyer

A knowledgeable and experienced Colorado Springs defense attorney can help you avoid a serious criminal charge. If you are convicted of a felony, you will be prohibited from owning or possessing any firearms in the future. It will also impact your ability to get a job, home, and even seek certain government assistance through programs.

After a TSA firearm violation, you should contact a top Colorado criminal defense attorney from The Bussey Law Firm, P.C., as soon as possible, whether you were charged criminally or only received a notice of violation. Our experienced firearm regulation lawyers will work to get the case dismissed, or to reduce the charge against you. Even if you only received a notice of violation letter, we may be able to negotiate with the TSA to reduce your payment amount. Call (719) 475-2555 to schedule your free consultation today.

The post You Accidentally Brought a Gun to the Airport – What Now? appeared first on Colorado Springs Attorneys.