Colorado Springs Weapon Charges Lawyer

Are you looking for a weapon charges lawyer in Colorado Springs?

At Christian A. Schwaner, P.C. DUI and Criminal Defense Lawyer, we provide weapon charges representation grounded in more than 20 years of work on behalf of clients in Colorado Springs.

If you have been arrested or charged with a weapons offense in Colorado Springs, the decisions you make now will determine the trajectory of your case. Weapons charges in Colorado carry penalties that range from months in county jail to years in state prison, and a conviction permanently alters your rights, your record, and your future.

Our Colorado Springs, CO weapon charges lawyer has spent more than two decades defending clients against criminal charges throughout Colorado Springs and the surrounding communities. At Christian A. Schwaner, P.C. DUI and Criminal Defense Lawyer, we offer free consultations for weapons cases. Schedule yours to begin building your defense.

Weapon Charges Lawyer Colorado Springs, CO

A weapon charge in Colorado refers to any criminal allegation involving the unlawful possession, use, sale, or carrying of a firearm or other dangerous weapon. These charges can arise from a traffic stop, a domestic dispute, an encounter with law enforcement during an unrelated investigation, or simply from possessing a weapon you did not realize was prohibited under state or federal law.

In 2023, Colorado recorded nearly 10,000 violent crimes involving a firearm, according to CBI crime data. Colorado Springs consistently ranks among the cities with the highest firearm-related offense rates in the state. A weapons charges attorney in Colorado Springs understands how these cases move through the Fourth Judicial District and what defense options are available based on the specific charges filed.

Types of Weapon Charges Cases We Handle in Colorado Springs

Weapons offenses cover a broad range of conduct under Colorado law, from possession violations to the use of a weapon during the commission of another crime. Each charge carries different elements, different penalties, and different defense considerations. At Christian A. Schwaner, P.C. DUI and Criminal Defense Lawyer, we represent clients facing the following types of weapon charges in Colorado Springs.

• Illegal possession of a firearm. Certain individuals are prohibited from possessing firearms under both state and federal law. Prior felony convictions, active protection orders, and specific misdemeanor histories can all result in an illegal firearm possession charge. These cases often hinge on whether the prosecution can prove the defendant knew about or controlled the weapon.
• Possession of a dangerous or illegal weapon. Colorado classifies certain weapons as inherently illegal to possess, including short-barreled rifles, short-barreled shotguns, machine guns, and silencers not registered under federal law. A charge in this category does not require that the weapon was used in any other offense.
• Carrying a concealed weapon without a permit. Carrying a concealed firearm or a knife with a blade longer than 3.5 inches without a valid permit is a criminal offense in Colorado. Exceptions exist for carrying within your own home or place of business, but those exceptions are frequently contested at trial.
• Illegal discharge of a firearm. Firing a weapon in a reckless or prohibited manner, whether within city limits or in a restricted area, can result in criminal charges. These cases frequently overlap with reckless endangerment allegations and may escalate if anyone was injured.
• Use of a weapon during commission of a crime. When a firearm or other weapon is involved in the commission of a separate felony, Colorado law imposes sentence enhancements that significantly increase the penalties. The weapon enhancement is charged on top of the underlying offense, creating compounding legal exposure.
• Felony menacing. Menacing with a deadly weapon occurs when a person uses a firearm, knife, or other weapon to place another individual in fear of serious bodily injury. This charge elevates what might otherwise be a misdemeanor into a class 5 felony and is one of the most commonly prosecuted weapons-related offenses in El Paso County.
• Assault defense. When an assault charge involves a weapon, the offense automatically escalates in severity, often moving from a misdemeanor to a felony classification. The prosecution does not need to prove the weapon caused injury, only that it was used or displayed during the alleged assault.
• Domestic violence. When a domestic violence allegation involves a firearm, the case carries additional federal consequences. A conviction can trigger a permanent prohibition on firearm ownership under federal law, and the mandatory protection order issued at arrest typically requires the immediate surrender of all firearms. Understanding how a conviction affects gun rights is critical in these cases.

Why Choose Christian A. Schwaner, P.C. DUI and Criminal Defense Lawyer as my Weapon Charges Lawyer in Colorado Springs?

Former Prosecutor Turned Criminal Defense Advocate

Christian Schwaner has been practicing criminal defense in Colorado since 1997. He earned his J.D. from the University of Denver Sturm College of Law and began his career as a Deputy District Attorney in El Paso and Teller Counties, where he was recognized twice as Trial Hound for the most cases tried in the office. That prosecutorial background provides a distinct advantage when building a defense, because he understands how the District Attorney’s office assembles its cases, selects charges, and evaluates evidence before deciding whether to proceed to trial.

Track Record and Professional Recognition

Our criminal defense lawyer in Colorado Springs, CO has handled thousands of criminal matters over more than two decades. His results in weapons and criminal defense cases include charges reduced before trial, cases where evidence was suppressed and the prosecution chose to drop criminal charges, and outcomes where clients facing felony-level allegations resolved their cases at the misdemeanor level or below. He is a member of the Colorado Criminal Defense Bar, the Colorado Bar Association, and the NCDD. Expertise recognized him as one of the top DUI attorneys in Colorado Springs in 2020.

Fees for weapons charges cases are discussed during the free initial consultation. We provide clients with a direct assessment of the charges, available defenses, and the realistic range of outcomes before any financial commitment is made.

Understanding Weapon Charges Cases

Charges, Penalties, and Defense Strategies for Weapon Charges Cases

Weapons offenses in Colorado are classified as either misdemeanors or felonies depending on the specific charge, the defendant’s criminal history, and whether the weapon was used or threatened against another person. Under the Colorado sentencing guidelines, misdemeanor weapons offenses may carry up to 364 days in county jail, while felony weapons charges can result in presumptive prison sentences ranging from one year to multiple years in the Department of Corrections.

Common defense strategies in weapons charges cases include:

• Challenging the legality of the search that led to the discovery of the weapon
• Arguing that the defendant did not knowingly possess the weapon
• Disputing whether the item in question qualifies as a weapon under the applicable statutory definition
• Raising questions about the chain of custody of the physical evidence
• Presenting evidence that the defendant held a valid permit or fell within a statutory exception
• Demonstrating that the defendant’s prior record does not meet the threshold for a prohibited-person charge

A conviction for a weapons offense in Colorado carries consequences that extend well beyond jail or prison time. Felony convictions result in the permanent loss of the right to possess firearms, and Colorado law imposes strict restrictions on gun ownership for convicted felons. The ATF enforces federal firearms prohibitions independently of state court outcomes, which means that even a state-level resolution that avoids prison can still trigger a lifetime federal firearms ban. A weapons conviction can also affect employment, housing, professional licensing, and security clearance eligibility.

What Are Important Aspects of a Weapon Charges Case?

Several factors determine how a weapon charges case is prosecuted and what outcomes are available. The prosecution must prove every element beyond a reasonable doubt.

• Whether law enforcement conducted a lawful search and seizure under the Fourth Amendment
• The defendant’s prior criminal record and whether it triggers enhanced penalties or prohibited-person status
• Whether the weapon was used, displayed, or merely present at the scene
• The availability of diversion programs or alternative sentencing for first-time offenders
• Whether the charges overlap with other offenses, such as felony menacing or assault, which compound the potential penalties

Effective defense strategies require a thorough review of the evidence, including police reports, body camera footage, witness statements, and the circumstances of the arrest.

What Is the Weapon Charges Case Timeline?

Criminal weapons cases in the Fourth Judicial District typically take several months to resolve. The timeline varies depending on charge complexity, the volume of evidence, and whether the case proceeds to trial or resolves through negotiation.

• Arrest and booking, followed by a bond hearing within 48 hours of the arrest
• Advisement hearing, where the charges are formally presented and the defendant enters an initial plea
• Preliminary hearing for felony charges, at which the prosecution must establish probable cause to proceed
• Discovery and motions phase, including motions to suppress evidence obtained through unlawful searches
• Plea negotiations or trial preparation
• Trial or sentencing

Some weapons cases resolve within a few months. Others, particularly those involving felony charges or complex evidentiary questions, can take a year or longer before reaching a final resolution.

What Should You Bring to Your Weapon Charges Consultation?

Gathering relevant documents before your initial consultation allows your attorney to evaluate the case effectively from the first meeting.

• The charging document, summons, or arrest paperwork
• Any bond conditions or protection orders currently in effect
• Records related to firearm permits, concealed carry permits, or prior background check approvals
• Documentation of any prior criminal history, including case numbers and dispositions
• Names and contact information for potential witnesses

During the consultation, we can review the charges, assess the strengths and weaknesses of the prosecution’s case, and outline the defense options available. Fees are discussed at this time.

Colorado Springs Courthouses and Local Criminal Justice Resources

Weapons charges in Colorado Springs are prosecuted through the Fourth Judicial District, which serves El Paso and Teller Counties. The El Paso County Judicial Building is located at 270 S. Tejon Street, Colorado Springs, CO 80903. Felony weapons cases are handled in District Court, while misdemeanor weapons offenses are heard in El Paso County Court.

The District Attorney’s Office for the Fourth Judicial District prosecutes all criminal cases in the jurisdiction. Active-duty military personnel stationed at Fort Carson or other installations in the area may face additional considerations, including the potential impact of a civilian weapons charge on military service, duty assignments, and security clearances.

Individuals convicted of a weapons offense may also want to understand whether Colorado law allows them to have a criminal record sealed. Eligibility depends on the offense classification, the disposition of the case, and the time that has passed since the case concluded.

Reach Out to Christian A. Schwaner, P.C. DUI and Criminal Defense Lawyer to Schedule a Consultation

If you are facing weapon charges in Colorado Springs, CO, the quality of your defense will shape the outcome. Christian A. Schwaner, P.C. DUI and Criminal Defense Lawyer offers free initial consultations for all criminal defense matters. Contact us to schedule a confidential case review and learn what options are available to protect your rights and your future.

Weapon Charges Statistics in Colorado Springs

In 2023, El Paso was one of the five Colorado counties with the greatest number of firearm homicides, according to CDPHE violence data. That volume shapes how local police and prosecutors treat every weapon allegation, even when no shot was fired. For someone arrested in Colorado Springs for the first time, that precedent means a simple possession case still receives close scrutiny from the start.

Many weapons prosecutions start with a record rather than a confrontation. A denied background check, a flagged permit application, or a handgun found during an unrelated traffic stop can each lead to charges. A weapons charges attorney in Colorado Springs, CO sees these cases constantly, and the paperwork behind them is often older or less accurate than the prosecution assumes. Because the CBI also screens concealed handgun permit applicants, an old conviction or a forgotten protection order can surface years after the underlying case was closed.

• The Colorado Bureau of Investigation processed 343,956 firearm background checks in 2024 and issued 5,093 denials, roughly 1.5 percent of all requests, based on CBI InstaCheck data.
• Assault-related records accounted for 1,067 of those 2024 denials. Restraining orders accounted for another 319.
• In the same year, concealed handgun permit screening reached 60,136 background checks, and 152 applicants came back as prohibited.
• Demand stayed high in 2025, when InstaCheck ran 289,997 checks for firearm transfers, per the CBI 2025 annual report.

Types of Evidence Used in Colorado Springs Weapon Charges Cases

Most weapons prosecutions in El Paso County rest on a small number of evidence categories. Every one of them has weak points. A Colorado Springs weapon charges lawyer starts by identifying where the prosecution’s proof comes from, then decides what can be challenged, excluded, or explained.

1. The weapon itself. Once seized, a firearm or knife is logged, photographed, and often sent to a crime lab for function testing. The lab report can determine whether an item legally qualifies as a firearm or a prohibited weapon at all.
2. Search and seizure records. Warrants, consent forms, and the officer’s written justification explain how the weapon was found. During traffic stops, officers sometimes point to the smell of marijuana or a plain-view observation to justify searching a car, and whether that search was lawful depends on details the report may gloss over. Evidence obtained in violation of your Fourth Amendment rights can be suppressed.
3. Fingerprints and DNA. Prosecutors use touch DNA and latent prints to tie a person to a gun found in a shared vehicle or a backpack. They’re far less conclusive than most people assume. A partial profile, or no usable profile at all, frequently helps the defense.
4. Body-worn and dash camera footage. Most encounters with CSPD officers and El Paso County deputies are recorded. Video regularly contradicts the timeline in a written report. We request footage early.
5. Your own statements. Comments made at the scene, in a patrol car, or during a recorded interview are often the strongest proof that a person knew the weapon was there. Entire cases turn on one sentence. Whether those statements were voluntary, and whether proper warnings were given before questioning, can be litigated.
6. Witness accounts. Menacing and illegal discharge cases frequently depend on what a neighbor, bystander, or complaining witness says they saw. Stress, poor lighting, and personal grudges all affect reliability, and careful cross-examination and witness impeachment put those problems in front of the judge or jury.
7. Court records and prior case files. Prohibited-person charges rely on records from earlier cases. A mandatory protection order entered in an old domestic matter may be the entire basis for a new firearm count. Those records are sometimes expired, incomplete, or simply wrong.
8. Phones and social media. Photos of a gun, texts about buying one, and location data can all be pulled from a phone with a warrant. Deleting posts after an arrest does not make them disappear.

Colorado Springs Weapon Charges Lawyer FAQs

How Much Does a Weapon Charges Lawyer in Colorado Springs Cost?

Fees depend on the charge level, the amount of evidence, and whether the case is likely to go to trial. A county court possession case requires far less work than a district court felony with suppression hearings. We quote a fee after reviewing your facts during a free consultation, before you commit to anything.

Do I Need an Attorney for a Misdemeanor Weapons Charge?

In most cases, yes. A misdemeanor weapons conviction can still bring jail time, a permanent record, and firearm consequences that follow you for years. Misdemeanor cases also offer good opportunities for a dismissal or a non-weapons plea. Those outcomes are negotiated, not handed out.

Will I Have to Give Up My Guns While My Case Is Pending?

Often, yes. Bond conditions frequently prohibit possessing firearms while a case is open, and a protection order may require you to surrender every weapon you own. Violating a bond condition can mean a new charge and revoked release. We explain the exact conditions in your case so you comply from day one.

How Do I Get a Seized Firearm Back?

A weapon taken by the Colorado Springs Police Department is usually held as evidence until the case is resolved. After that, the owner must schedule an appointment with the CSPD Evidence Unit, and a CBI background check is required before any firearm is released. Depending on the outcome of your case, some weapons cannot be returned at all.

Can a Pending Weapons Charge Affect My Concealed Carry Permit?

It can. The El Paso County Sheriff’s Office issues and oversees concealed handgun permits for county residents, and a new arrest or charge may put your permit at risk. A Colorado Springs weapons attorney can explain where your permit stands before you carry again.

What If the Gun Belonged to Someone Else?

Ownership and possession are different questions. The prosecution does not need to prove that you owned a weapon, only that you knowingly possessed or controlled it. Still, a firearm found in a shared car or apartment does not automatically belong to everyone nearby. These cases are often defensible.

Can I Face State and Federal Charges for the Same Firearm?

Yes. State prosecutors in the Fourth Judicial District and federal prosecutors operate independently. Some firearm cases, especially prohibited-person cases, draw federal attention, and a resolution in state court does not bind federal prosecutors. We evaluate federal exposure at the start of every case.

I Am Stationed at Fort Carson. Will a Civilian Weapons Charge Affect My Career?

It may. Like other charges military members face, a weapons case can bring civilian prosecution and command action at the same time, and a conviction can affect clearances and continued service. A firearm charges attorney in Colorado Springs, CO should weigh those consequences in every plea decision.

Can a Weapons Charge Be Reduced to a Non-Weapons Offense?

Sometimes. Depending on the evidence and your record, prosecutors may agree to amend a weapons count to an offense with fewer long-term consequences, or to dismiss it as part of a broader agreement. Review any plea carefully first, because withdrawing a guilty plea afterward is difficult.

Will I Go to Jail for a First Weapons Offense?

Not necessarily. First-time offenders facing lower-level weapons charges may be eligible for probation, a deferred judgment, or diversion. Felony charges and cases involving a threat against another person carry a greater risk of incarceration. An honest assessment starts with the charging documents.

Important Resources for Colorado Springs Weapon Charges Cases

What Are Important Colorado Legal Resources for Weapon Charges Cases?

Colorado firearm laws have changed repeatedly in recent legislative sessions. Official sources are the most reliable way to read current law and keep track of your case.

• The Colorado Revised Statutes provide free public access to the full text of state criminal and firearm laws.
• The Judicial Branch self-help page links to criminal case information, bond resources, and court forms.
• The Colorado court docket search lets you confirm upcoming hearing dates in El Paso County cases.
• The CBI Firearms Unit explains background check denials, appeals, and the process for returning firearms held as evidence.

What Are Important Local Resources for Colorado Springs Weapon Charges Cases?

Several local agencies handle the practical side of a weapons case, from seized property to probation.

• CSPD Evidence Unit, (719) 444-7744, schedules appointments for the release of seized property, including firearms.
• Concealed Handgun Permit Program, El Paso County Sheriff’s Office, (719) 520-7249, issues and manages permits for county residents.
• Colorado State Public Defender, Colorado Springs Office, (719) 475-1235, represents qualifying defendants in El Paso and Teller Counties.
• 4th Judicial District Probation, (719) 452-5900, supervises people sentenced to probation in El Paso and Teller Counties.

Christian A. Schwaner, P.C. DUI and Criminal Defense Lawyer does not endorse, recommend, or guarantee the services of any agency or organization listed above. This information is provided for reference only.

About Christian A. Schwaner, P.C. DUI and Criminal Defense Lawyer

Christian A. Schwaner, P.C. DUI and Criminal Defense Lawyer is a downtown Colorado Springs practice led by founder Christian Schwaner, who has handled felony menacing, assault, and weapons-related allegations across southern Colorado for nearly three decades. His work as a former prosecutor extends beyond El Paso and Teller Counties to service as a special prosecutor in Pueblo and Cañon City, which gave him trial experience beyond the Fourth Judicial District. He earned his Bachelor of Science and Bachelor of Arts degrees from Miami University in Oxford, Ohio, in 1992. Clients consistently point to his candid assessments, a theme that runs through his client reviews.

What Our Clients Say

★★★★★

“Christian is an amazing attorney. He made me feel so much more at ease about my situation and he got me a great deal considering the evidence stacked against me. He is very professional and friendly and he’ll always give it straight.”

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Additional Resources for Colorado Springs Weapon Charges Cases

• What to Do If You Are Charged with Felony Menacing in Colorado Springs
• How Charges Escalate From Minor to Felony
• What is the Penalty for Lying to the Police?
• Is Off-Base Conduct Covered by Military Law?

Contact Christian A. Schwaner, P.C. DUI and Criminal Defense Lawyer

A weapons arrest is serious, but it is the beginning of the case, not the end. We offer a free, confidential consultation to anyone facing a firearm or weapons allegation in El Paso County. Fees are discussed at that meeting before you commit to representation. We’ll review the charging documents, identify the evidence that matters most, and outline realistic options. Our office is open Monday through Friday. Contact us to schedule a time to discuss your case.