Legal Question in Criminal Law in Colorado

Special offender gun charges

My friend who lives in Loveland, CO was recently arrested after being served with a search warrant. He is 46 years old and has no criminal history. During the search of his home, 5 grams of meth were found and he was charged with felony drug possession. In a garage, which was not attached to his home, he had a large locked safe that contained several legal firearms. Because drugs were found in his home he received additional felony charges for possession of firearms while possessing illegal drugs. Because the guns were in a separate location and locked in a safe can he legally be charged for possessing a firearm while in possession of drugs?


Asked on 5/22/09, 6:38 pm

3 Answers from Attorneys
Daniel Fenaughty FENAUGHTY & ASSOCIATES, PC

Re: Special offender gun charges

He can be charged. The real question is whether evidence of the guns and the safe can be properly admitted. Did the warrant to search his home include "the property at xxx address"? What was the object (as contemplated) of the warrant? If the police had a search warrant, they are likely ok.

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Answered on 5/22/09, 7:20 pm
Philip Rosmarin Rosmarin Law Firm

Re: Special offender gun charges

Sounds like he possessed drugs, and he possessed firearms. You don't have to be holding a coke pipe in one hand and a gun in the other to be charged for possessing both. Sorry. His best bet may be a close examination of the search warrant.

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Answered on 5/22/09, 8:33 pm
Marc Milavitz The Alternative Law Office of Marc Milavitz

Re: Special offender gun charges

Yes, and it is a very serious charge which includes mandatory 8 years of prison.

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Answered on 5/22/09, 9:43 pm


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