Colorado Springs Gun Crimes Lawyer
Gun charges in Colorado Springs carry consequences that extend well beyond fines and probation. A firearms conviction can permanently strip your right to own or possess a weapon, affect your ability to work in certain industries, and follow you on background checks for decades. The El Paso County District Attorney’s Office prosecutes firearms offenses with substantial resources, and the charges themselves range from low-level possession violations to serious felonies that carry mandatory prison time. If you are looking for a Colorado Springs gun crimes lawyer, the decision you make about legal representation will shape every outcome that follows.
Colorado’s firearms laws sit at a complicated intersection of state statute, federal regulation, and constitutional protections under the Second Amendment. A stop on North Nevada Avenue, a traffic check near Fort Carson, a domestic disturbance call in a Westside neighborhood, or a routine encounter at a Pueblo Boulevard checkpoint can all lead to firearms charges that escalate quickly. Colorado law imposes serious penalties for unlawful possession, prohibited persons in possession, menacing with a weapon, and weapons used in furtherance of other crimes. Each of these categories has distinct elements, distinct defenses, and distinct consequences depending on prior record, the circumstances of the arrest, and how the case is charged.
DeChant Law represents clients facing gun-related charges in Colorado Springs and throughout the surrounding region. Attorney Reid DeChant brings former public defender experience across multiple Colorado front-range jurisdictions, trial training from the Trial Lawyers College, and a defense approach built around understanding each client’s full story before walking into any courtroom.
The Firearms Charges Colorado Springs Defendants Most Commonly Face
- Unlawful Possession of a Firearm by a Prohibited Person: Colorado law prohibits firearm possession by individuals with prior felony convictions, certain domestic violence misdemeanors, active protection orders, or adjudications as a mental health respondent. This charge is a class 6 felony at minimum and becomes more serious depending on prior record and the nature of the underlying conviction.
- Illegal Discharge of a Firearm: Firing a weapon within city limits or in a reckless manner can result in criminal charges even if no one is injured. Colorado Springs ordinances and state statute both address this conduct, and prosecutors often stack related charges when the discharge occurred near a residence, school, or crowded area.
- Menacing with a Deadly Weapon: When a firearm is used to place another person in fear of imminent serious bodily injury or death, the charge elevates to felony menacing, a class 5 felony under Colorado law. These cases often arise from road rage incidents on I-25, disputes at apartment complexes, or alleged domestic confrontations, and the line between self-defense and criminal conduct is frequently contested.
- Concealed Carry Violations: Colorado requires a valid permit for concealed carry, and violations can result in misdemeanor or felony charges depending on the location and circumstances. Carrying concealed on school grounds or in a public building adds significant sentencing exposure.
- Possession of a Defaced Firearm: Possessing a firearm with an altered or obliterated serial number is a felony under both Colorado and federal law. Federal prosecution is a real possibility in these cases, and the consequences are substantially more severe than state-level charges alone.
- Weapons Used in Connection with Drug Charges: When a firearm is found during an arrest or search related to drug trafficking or possession with intent to distribute, prosecutors routinely file both charges together. This combination can trigger federal interest and dramatically increases the potential sentence.
- Straw Purchase and Illegal Transfer Charges: Purchasing a firearm on behalf of someone who is prohibited from buying one directly is a federal crime with serious consequences. These cases often involve individuals who had no idea they were being used in a scheme, making effective legal advocacy critical from the beginning.
Why DeChant Law for Colorado Springs Firearms Defense
Reid DeChant built his practice around the kind of trial-intensive criminal defense that most attorneys in private practice do not develop. Before entering private practice, Reid served as a public defender across multiple Colorado jurisdictions including Denver, Broomfield, and Adams County, representing clients charged with offenses ranging from traffic violations and DUI to assault, felony menacing, and homicide. That volume of courtroom work means Reid has cross-examined police officers, argued Fourth Amendment suppression motions, and tried cases before juries in ways that produce genuine results, not just negotiations.
Reid is a graduate of the Trial Lawyers College, the intensive program founded by Gerry Spence that trains attorneys in narrative advocacy and authentic human connection with juries. In gun crime defense, this distinction matters. Firearms charges often turn not just on legal technicalities but on how a jury understands the person standing at the defense table, their circumstances, their history, and whether the government’s version of events holds together under scrutiny. Reid’s approach to defense starts with understanding the client’s full story and building a case from the ground up rather than defaulting to a plea negotiation out of convenience.
DeChant Law’s case results reflect this approach. Reid has secured not guilty verdicts at trial on felony menacing charges involving domestic violence allegations, and has achieved case dismissals on assault charges in both Adams County and Arapahoe County. He holds membership in the National Association of Criminal Defense Lawyers and the Colorado Criminal Defense Bar, which provide ongoing access to the latest developments in firearms law, search and seizure doctrine, and constitutional litigation strategies. When you work with DeChant Law, you work with a Colorado Springs gun crimes attorney who treats your case as a matter worth fighting for, not processing.
How Colorado Springs Firearms Cases Are Investigated and What That Means for Your Defense
Gun crimes in El Paso County are typically triggered by one of several enforcement pathways. A traffic stop is the most common origin point. Law enforcement officers patrol North Nevada Avenue, Academy Boulevard, Powers Boulevard, and the areas surrounding Fountain and Security with regularity, and traffic stops that begin as minor infractions frequently escalate when officers observe or claim to observe firearms in the vehicle. The constitutionality of the stop itself, whether officers had reasonable suspicion, whether a search was conducted lawfully, and whether any statements made at the scene were taken in compliance with Miranda requirements are all questions that can determine whether evidence is admissible at all.
Domestic disturbance calls represent another frequent origin. El Paso County law enforcement responds to a high volume of domestic calls, and when officers arrive at a scene and find firearms present, charges can follow quickly regardless of whether any weapon was used or threatened. The connection between domestic violence convictions and firearms prohibitions under both Colorado and federal law means that even a misdemeanor plea in a domestic case can result in a lifetime firearms disability. This is a consequence that many defendants do not fully understand until after the plea is entered, and it underscores why early, qualified legal representation matters so much.
Investigations involving alleged weapons trafficking or serial number obliteration frequently involve federal agents from the Bureau of Alcohol, Tobacco, Firearms and Explosives (ATF) working alongside local Colorado Springs Police Department detectives. When federal agencies are involved, the case may be prosecuted in the United States District Court for the District of Colorado in Denver rather than in the El Paso County District Court located at the Judicial Building on East Vermijo Avenue. Federal prosecution means federal sentencing guidelines, mandatory minimum provisions, and a substantially different procedural landscape. Knowing from the outset whether a case has federal exposure shapes how the defense is built from day one.
What to Do If You Have Been Charged with a Gun Crime in Colorado Springs
The hours immediately following an arrest on a firearms charge are some of the most consequential of the entire case. Police officers and prosecutors often use the period before an attorney is involved to gather statements, conduct additional searches, and build the evidentiary foundation they will rely on at trial. The single most important action you can take is to exercise your right to remain silent and to request an attorney before answering any questions. This applies whether you are at the scene of a stop, in a holding cell at the Colorado Springs Police Department’s headquarters on Las Vegas Street, or in booking at the El Paso County Criminal Justice Center on South Tejon Street.
After an arrest, the case proceeds to an advisement hearing at the El Paso County Combined Courts, where charges are formally read and bond is set. The conditions of bond frequently include restrictions on firearms possession even before conviction, which can affect employment and daily life significantly. Acting quickly to retain a Colorado Springs firearms defense attorney means having someone present at or prepared for bond hearings, preliminary hearings, and the discovery process that follows. Evidence in firearms cases, including body camera footage, dashcam recordings, dispatch logs, and forensic analysis of the weapon itself, has a shelf life. Preserving and analyzing that evidence early strengthens every argument that follows.
Do not assume a gun charge will resolve itself or that cooperation with law enforcement before consulting a lawyer will produce a better outcome. These are mistakes that regularly make cases harder to defend. Contact an attorney as soon as you are able, and do not make any decisions about pleas, statements, or case strategy without qualified legal guidance.
Questions About Colorado Springs Gun Crime Charges
What is the difference between a misdemeanor and a felony gun charge in Colorado?
The distinction depends on several factors, including the nature of the conduct, the defendant’s prior record, and whether the firearm was used in connection with another crime. Simple concealed carry violations or technical possession infractions may be charged as misdemeanors, while possession by a prohibited person, menacing with a deadly weapon, and most trafficking-related offenses are felonies. Felony firearms convictions carry prison sentences, not just jail time, and trigger the loss of civil rights including the right to possess firearms in the future.
Can I be convicted of a gun crime if I did not know the firearm was in my vehicle?
Knowledge and control are elements the prosecution must establish. If a firearm belonged to a passenger, was left by a prior occupant, or was in a part of the vehicle you did not regularly access, these facts are directly relevant to your defense. Constructive possession, the legal theory that you possessed the weapon without physically holding it, requires proof that you both knew of the firearm’s presence and had the ability to exercise control over it. Challenging constructive possession is a viable defense strategy in many Colorado Springs firearms cases.
Will a gun conviction affect my concealed carry permit?
Yes. A felony conviction results in the permanent loss of your right to possess firearms under both Colorado and federal law, which eliminates any possibility of holding a concealed carry permit going forward. Even certain misdemeanor convictions, particularly those involving domestic violence, can trigger federal firearms disabilities. This makes the outcome of the case itself enormously consequential for anyone who currently holds a permit or may want one in the future.
What defenses are available if law enforcement found the gun during an illegal search?
The Fourth Amendment prohibits unreasonable searches and seizures, and evidence obtained in violation of that protection can be suppressed, meaning it cannot be used against you at trial. If officers searched your vehicle without a warrant, without valid consent, or without circumstances that legally justified the search, a motion to suppress the firearm and any related evidence may be filed. If suppression is granted and the gun is excluded from evidence, the charge frequently cannot proceed. Suppression litigation is one of the most powerful tools available in Colorado firearms defense.
Can a gun charge affect my military career or security clearance?
Yes, and this is a significant concern for many El Paso County defendants given the area’s proximity to Fort Carson, Peterson Space Force Base, and Schriever Space Force Base. A felony conviction can result in discharge from military service and permanent disqualification from federal employment requiring a clearance. Even a misdemeanor domestic violence conviction triggers firearms prohibitions that conflict directly with military service requirements. The collateral consequences of a gun conviction for service members and defense contractors in the Colorado Springs area are serious enough that they should factor heavily into any defense strategy and plea consideration.
What happens if my gun charge is prosecuted at the federal level instead of in state court?
Federal prosecution moves through the United States District Court for the District of Colorado and is governed by federal sentencing guidelines that can impose significantly longer sentences than state court would. Federal prosecutors have substantial resources, and federal cases often involve more extensive investigation. Certain firearms offenses, including those involving interstate commerce, obliterated serial numbers, or weapons used in drug trafficking, are more likely to attract federal prosecution. If federal agents are involved in your case from the start, that is a strong signal that federal charges are possible, and your defense attorney needs to account for that from day one.
Is self-defense a viable argument in a Colorado gun charge?
Colorado recognizes self-defense as a legal justification for the use of force, including deadly force, under certain circumstances. If you used or displayed a firearm to defend yourself or another person from an imminent threat of serious bodily injury or death, self-defense may be raised as an affirmative defense at trial. The prosecution then bears the burden of disproving that claim beyond a reasonable doubt. Self-defense arguments are fact-intensive and depend heavily on the specific circumstances, which is why thorough investigation and a defense built around the real narrative of what happened are so important.
How long does a gun crimes case typically take to resolve in El Paso County?
Timelines vary considerably based on complexity, the number of charges, whether federal agencies are involved, and the court’s docket. A straightforward possession case in El Paso County District Court may move through preliminary proceedings, motions, and resolution within several months. Cases involving multiple charges, contested suppression issues, or federal components can extend considerably longer, sometimes over a year from arrest to final resolution. A trial adds time as well. Understanding the realistic timeline helps clients plan their lives and make informed decisions at each stage.
Can a gun charge be expunged or sealed in Colorado?
Colorado’s sealing laws are limited in scope for felony convictions, and firearms offenses with convictions generally cannot be sealed. However, cases that are dismissed, result in acquittals, or meet narrow eligibility criteria may qualify for sealing. If your case results in a favorable outcome, discussing record sealing with your attorney promptly is worthwhile, because sealed records provide meaningful protection in employment and housing contexts. The specific rules depend on the charge and the resolution, making this a conversation to have after your case concludes rather than a guaranteed outcome to assume.
Does DeChant Law handle gun charges that also involve domestic violence allegations?
Yes. Firearms charges frequently accompany domestic violence allegations in El Paso County, and the intersection of the two creates layered legal consequences that must be addressed together, not separately. A domestic violence conviction, even a misdemeanor, creates a federal firearms disability that is permanent. Reid DeChant has tried and won domestic violence cases including strangulation and felony menacing charges, and understands how to navigate the combined complexity of protective orders, mandatory hold provisions, and firearms consequences in these cases.
Colorado Springs Gun Crime Defense Representation Across El Paso County and the Surrounding Region
DeChant Law represents clients facing firearms charges throughout Colorado Springs and the surrounding communities. From the Broadmoor and Old Colorado City neighborhoods through downtown Colorado Springs, the Northgate area, and the Briargate corridor, and extending into the communities of Fountain, Security-Widefield, and Manitou Springs, firearms charges in this region are handled by the El Paso County District Attorney and prosecuted in the Combined Courts. Beyond El Paso County, DeChant Law’s representation extends into Pueblo, Pueblo West, and Pueblo County courts, as well as Teller County matters arising in Woodland Park and Cripple Creek. Clients from the Monument and Palmer Lake areas to the north, as well as Castle Rock and Douglas County to the northeast, also receive representation. Whether charges arise from an incident in a Powers Boulevard parking lot, on Academy Boulevard near the Air Force Academy, in a residential area of Falcon, or anywhere else in the Colorado Springs metro region, the firm is positioned to handle the defense from initial advisement through trial if that is where the case leads.
Contact a Colorado Springs Gun Crimes Attorney at DeChant Law
Firearms charges are among the most aggressively prosecuted categories of offense in El Paso County, and the consequences of a conviction reach into nearly every area of a person’s life. DeChant Law provides representation built on real trial experience, a deep understanding of Colorado firearms law, and a commitment to treating every client’s situation with the seriousness it deserves. If you need a Colorado Springs gun crimes attorney who will investigate the full circumstances of your arrest, challenge the government’s evidence at every turn, and take your case to trial when that is the right path, contact DeChant Law to schedule a consultation.
