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Is it legal to accidentially shoot your gun in your own

Customer Question
Is it legal to...

Is it legal to accidentially shoot your gun in your own home? It went off in a room and did not go outside of the house.

Lawyer's Assistant: Because real estate law varies from place to place, can you tell me what state this is in?

Edwards, Colorado

Lawyer's Assistant: Has anything been filed or reported?

Yes. They are trying to charge me with 18-12-107.5

Lawyer's Assistant: Anything else you want the lawyer to know before I connect you?

How much is the fee?

Submitted: 1 month ago.Category: Criminal Law
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Answered in 4 hours by:
3/9/2018
Criminal Lawyer: CrimDefense, CriminalDefenseAtty replied 1 month ago
CrimDefense
CrimDefense, CriminalDefenseAtty
Category: Criminal Law
Satisfied Customers: 30,896
Experience: 10+ years defending Misdemeanor and Felony cases.
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Hi! I will be the professional that will be helping you today. I look forward to providing you with information to help with your question and concern

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Criminal Lawyer: CrimDefense, CriminalDefenseAtty replied 1 month ago

Good morning. I am sorry to say that it is illegal and the reason being is that the State wants gun owners to use extra care and caution when cleaning or holding a gun in the home, since someone could be shot and killed.

Section 18-12-107.5 (1) of the Colorado Revised Statutes (C.R.S.) provides:

Any person who knowingly or recklessly discharges a firearm into any dwelling or any other building or occupied structure, or into any motor vehicle occupied by any person, commits the offense of illegal discharge of a firearm.

A person acts “knowingly” with respect to conduct or to a circumstance described by a statute defining an offense when he is aware that his conduct is of such nature or that such circumstance exists. A person acts “knowingly” with respect to a result of his conduct when he is aware that his conduct is practically certain to cause the result.

A person acts recklessly when he consciously disregards ***** ***** and unjustifiable risk that a result will occur or that a circumstance exists.

Illegal discharge of a firearm does not require proof that a bullet actually entered a dwelling or the passenger compartment of a vehicle. Firing into an occupied dwelling or vehicle is a crime regardless of whether an occupant is actually endangered.

Moreover, the word “into” has been broadly defined by Colorado courts. For purposes of 18-12-107.5 C.R.S., it is enough that a bullet grazes a shingle on the roof of a house.4 In fact, the bullet doesn't even need to pierce the exterior of the house, let alone enter its interior. Simply firing a bullet into the materials the house is built of is enough.

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Criminal Lawyer: CrimDefense, CriminalDefenseAtty replied 1 month ago

I just wanted to follow up and see if you had any other questions or needed me to clarify something. I am here to help, so please let me know. Thanks!

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The responses above are from individual Experts, not JustAnswer. The site and services are provided “as is”. To view the verified credential of an Expert, click on the “Verified” symbol in the Expert’s profile. This site is not for emergency questions which should be directed immediately by telephone or in-person to qualified professionals. Please carefully read the Terms of Service (last updated February 8, 2012).

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