CRS 33-6-126 is the Colorado law that makes it a misdemeanor to shoot a firearm or arrow on or across a public road. Penalties include a $100 fine and five DMV license suspension points.
Therefore, shooting from a public road carries no jail time. However, you could face more serious charges if the shooting threatened others’ safety.
The language of the code section states that:
CRS 33-6-126. It is unlawful for any person, except a duly authorized peace officer acting in the line of duty, to discharge any firearm or release an arrow from, upon, or across any public road. Any person who violates this section is guilty of a misdemeanor and, upon conviction thereof, shall be punished by a fine of one hundred dollars and an assessment of five license suspension points.
In this article, our Denver criminal defense attorneys discuss:
- 1. Can I shoot on public roads in Colorado?
- 2. What is the punishment under CRS 33-6-126?
- 3. How can I fight the charges?
- 4. Will police confiscate the weapon?
- 5. When can the criminal record get sealed?
- 6. Related Offenses
Shooting over a public roadway is a misdemeanor in the state of Colorado.
1. Can I shoot on public roads in Colorado?
No. CRS 33-6-126 prohibits discharging a firearm or shooting an arrow upon, from, or across any public roadway, such as:
- highways,
- city streets, and
- roads in residential neighborhoods.
It makes no difference if you are a passenger in a motor vehicle, a pedestrian, or in a building near the road. The only people permitted to shoot from public roads are authorized peace officers acting in the line of duty.1
“Firearms” include all types of guns, including pistols, revolvers, handguns, rifles, and muzzleloaders. Presumably, this law also prohibits shooting crossbows.
2. What is the punishment under CRS 33-6-126?
It is a misdemeanor in Colorado to shoot a firearm or arrow from, on, or across a public road. The penalty includes:
- $100 in fines, and
- 5 DMV license suspension points.2
If you are 21 or older and amass 12 or more DMV points in a 12-month period, you face an automatic license suspension by the DMV.3
Note that if the shooting threatens anyone’s physical safety, the D.A. may press charges for reckless endangerment. This is a class 2 misdemeanor punishable by up to 120 days in jail and/or up to $750 in fines.
Arguing self-defense is a strategy to fight CRS 33-6-126 charges.
3. How can I fight the charges?
The best defenses to Colorado charges of shooting from a public road turn on the facts of the case and available evidence. In our experience, the following five defenses have proven very effective with judges and prosecutors:
- You were not the shooter. Police may have simply misidentified you as the real shooter, particularly if you were carrying a gun (or bow) at the time. We would search for eyewitnesses and surveillance video to help prove that you were not the shooter.
- The weapon shot was not prohibited. CRS 33-6-126 specifically outlaws shooting firearms and arrows. It does not forbid shooting non-firearms, such as airguns. (However, many cities prohibit firing BB guns.) If we can show that your weapon falls outside the bounds of the statute, the D.A. should dismiss the charge.
- Someone falsely accused you. In these cases, we would try to impeach the accuser’s credibility and find proof of your innocence. Typical evidence includes recorded communications from the accuser, such as voicemails, emails, and text messages.
- The road was private. CRS 33-6-126 applies only to cases where the shooting took place on or across a public road. If we can show that the shooting ground was on private property, the case should be dropped.
- You acted in self-defense. Maybe you – or someone else – was being attacked and faced immediate bodily harm or death. Acting in self-defense (or defense of others) does not make shooting from a road lawful. However, it may justify the shooting. The D.A. may then be willing to reduce or dismiss your charges.
Note that it is not a defense that the shooting was an accident. The statute does not indicate that your intent matters. So a shooting that occurs by mistake on or across a road is still a crime.
4. Will police confiscate my weapon?
The statute does not mention what law enforcement officers can do and whether you must forfeit your weapons. It likely depends on the circumstances and locale.
If the police do confiscate your weapon, we can ask the court for it back. If the court agrees, the police should comply.
5. When can the criminal record get sealed?
A conviction for shooting on a public road must remain on your record for five years. After that, you may petition for a record seal.
If your CRS 33-6-126 charge gets dismissed – meaning that there is no conviction – then there is no waiting period. You can pursue a record seal right away.4
Learn how to get a Colorado criminal record seal.
6. Related Offenses
- Illegal discharge of a firearm (CRS 18-12-107.5): This is knowingly or recklessly firing a gun into any dwelling, building, occupied structure, or occupied motor vehicle. As a class 5 felony, it carries 1 to 3 years in prison (with 2 years mandatory parole), and/or a fine of $1,000 to $100,000.
- Possession of a weapon by a previous offender (POWPO) (CRS 18-12-108): Convicted felons who possess a weapon face a class 5 felony charge. This carries up to 3 years in prison and/or a fine of up to $100,000.
- Prohibited use of weapons (CRS 18-12-106): This comprises knowingly and unlawfully aiming a firearm at another person, firing a gun with criminal negligence, or possessing a firearm while intoxicated. Punishment for this misdemeanor can include a fine of up to $1,000 and up to 364 days in jail.
Legal References
- Colorado Revised Statutes 33-6-126 CRS. This law is also called the “Respect the Great Outdoors Act.” See HB 19-1026. (For information about hunting laws, visit Colorado Parks and Wildlife.)
- CRS 33-6-126. (Though it may be possible to get the D.A. to agree to reduce the fine down to fifty dollars or less.)
- CRS 42-2-127; 1 CCR 211-3.
- CRS 24-72.