Sec. 38-237. - Dangerous weapons.
(a)
Definitions. The following words, terms and phrases, when used in this section and applicable to this chapter, shall have the meanings ascribed to them in this subsection, except where the context clearly indicates a different meaning:
Air gun means any instrument, toy or weapon commonly known as an air gun, air rifle, pellet gun, BB gun, paint pellet gun, mechanical gun, blowgun, or spring piston operated gun, which requires air to propel a BB, pellet, dart or other projectile, but excluding children's plastic toy guns which shoot or project plastic or rubber darts and excluding gas guns, as defined in subsection 38-239(a).
Artificial knuckles means an object held in the palm of the hand which is designed to increase the impact of a blow from the fist or hand in which it is held.
Bludgeon means any type of mace, club or cudgel made of any material which may have one end loaded and/or that is worn, altered or marked by "gang signs" in such a manner that it is evident the club or cudgel is not intended to be used for its original purpose. The term bludgeon includes, but is not limited to, a police style straight and side-handle batons and collapsible batons.
Bow means a flexible strip of wood or other material bent by a string or other material stretched between its ends for the purpose of launching or propelling an arrow or other projectiles.
Chemical agents means a chemical or partial chemical liquid propelled by means of aerosol or pump devices which by the composition of such liquid temporarily disables by irritation, inflammation or other discomfort. Chemical agents shall include, but are not limited to, "mace" or any "oleoresin capsicum" based compound.
Crossbow means a stocked fired bow that launches or propels an arrow or other projectiles via a trigger mechanism.
Dangerous weapon means any artificial knuckles, bow, crossbow, machine gun, short rifle, or shotgun, knife, nunchaku, spikes, throwing star, as defined in this subsection, or other weapon, device, instrument, material or substance, whether animate or inanimate, which, in the manner it is used, is intended to produce bodily injury.
Firearm means any handgun, automatic, revolver, pistol, rifle, shotgun, or other instrument or device capable of or intended to be capable of discharging bullets, cartridges or other explosive charges, excluding gas guns, as defined in Section 38-239(a).
Handgun means a pistol, revolver, or other firearm of any description, loaded or unloaded, from which any shot, bullet, or other missile can be discharged, the length of the barrel of which, not including any revolving, detachable, or magazine breech, does not exceed twelve inches.
Knife means any dagger, dirk, knife or stiletto with a blade, as measured from the hilt, over three and one-half inches in length, regardless of the manner in which it is used or intended to be used, or any other dangerous instrument capable of inflicting, cutting, stabbing, or tearing wounds and which, in the manner it is used, is intended to produce bodily injury.
Machine gun means any firearm, whatever its size and usual designation, that shoots automatically more than one shot, without manual reloading, by a single function of the trigger.
Nunchaku means an instrument consisting of two or more sticks, clubs, bars or rods to be used as handles, connected by a rope, cord, wire or chain.
Short rifle means a rifle having a barrel less than 16 inches long or an overall length of less than 26 inches.
Short shotgun means a shotgun having a barrel or barrels less than 18 inches long or an overall length of less than 26 inches.
Slingshot means a hand held device manually drawn or held with a band which is attached to arms or attachment points for propelling stones or other projectiles.
Spikes means any device composed of leather or other material which has sharp metal points, regardless of length or width, protruding from the leather and is capable of being worn on or around any part of the human body; but does not include any item used in commonly recognized sporting activities, such as, but not limited to, golf shoes or cleated football or baseball shoes.
Throwing star means a metal disc having sharp radiating points or any disc-shaped bladed object which is designed to be thrown by hand.
(b)
Unlawful acts.
(1)
It shall be unlawful for any person to knowingly possess on or about the person or within such person's immediate reach any dangerous weapon.
(2)
It shall be unlawful for an adult to knowingly possess an air gun, bludgeon, chemical agent, or slingshot if used in a manner intended to produce bodily injury. It shall also be unlawful for any juvenile to knowingly possess a chemical agent if used in an offensive manner intended to produce bodily injury.
(3)
It shall be unlawful for any juvenile to knowingly possess on or about said person or within said person's immediate reach any dangerous weapon or handgun. It is also unlawful for any juvenile to possess, on or about said person or within said person's immediate reach, any air gun, bludgeon or slingshot. Provided, however, it shall not be unlawful for a juvenile to possess an air gun, bludgeon or slingshot if the juvenile is under the immediate and continuous supervision of a parent or adult who has legal custody; or a grandparent who has been given control of any juvenile by such juvenile's parent or adult who has legal custody over such juvenile and such possession occurs on the property of such parent or adult who has legal custody of the juvenile.
(4)
It shall be unlawful for a parent of any juvenile to knowingly allow such juvenile to possess any dangerous weapon, as defined herein, or any air gun, bludgeon or slingshot, unless under the immediate and continuous supervision of a parent or adult who has legal custody; or an adult who has been given control of any juvenile by such juvenile's parent or adult who has legal custody over such juvenile.
(5)
It shall be unlawful for any person to display or flourish a dangerous weapon, firearm, air gun, bludgeon, chemical agent or slingshot in a manner calculated to alarm another person.
(6)
It shall be unlawful for any person to knowingly supply, sell, loan or furnish any air gun, slingshot, firearm, prohibited weapon, or dangerous weapon, as defined in Section 38-239(a) and subsection (a) of this section to:
a.
Any person under the influence of intoxicating liquor or of a controlled substance, as defined in C.R.S. § 12-22-303(7); or
b.
A firearm other than a handgun, to any juvenile unless the juvenile is accompanied by a parent or an adult who has legal custody; over such juvenile.
(7)
It shall be unlawful for any person to possess a dangerous weapon, as defined in subsection (a) of this section, or a prohibited weapon, as defined in Section 38-239(a), or a firearm, while under the influence of intoxicating liquor or of a controlled substance as defined in C.R.S. § 12-22-303(7). Possession of a concealed handgun permit, issued pursuant to applicable provisions of state law, is not a defense to a violation of this section.
(c)
Affirmative defenses. It shall be an affirmative defense to a violation of subsection (b)(1) of this section that:
(1)
A person is in a private automobile or other mode of vehicular transportation and is transporting a dangerous weapon to or from such person's business, or a place for use in lawful hunting activity or an authorized hunter's safety course, or a firearm safety course, or to or from lawful demonstrations or exhibitions or organized competitions for the use of such weapons at any lawful firing range, or is being transported for the purpose of sale or repair to or from a place of sale or repair, and such dangerous weapon is unloaded and in a closed carrying case or other such device. For purposes of this subsection, a weapon is loaded if there is a cartridge or ammunition in any part of the weapon. In the case of a juvenile, the affirmative defenses contained in this subparagraph (c)(1) shall only apply if the juvenile is accompanied by a parent or adult who has legal custody; or an adult who has been given control of any juvenile by such juvenile's parent or an adult who has legal custody over such juvenile, except a juvenile may possess an unconcealed baseball bat, hockey stick, or other like instrument or equipment for use in a commonly recognized sporting activity;
(2)
A manager or other designated owner's agent or employee is lawfully in control of a bona fide business establishment, as defined in Section 38-1, is actually on the premises of that establishment and is acting in the course and within the scope of such employee's assigned duties;
(3)
A person is employed by or under contract with the owner, owner's agent or a person in lawful control of a bona fide business establishment or public or private facility, as defined in Section 38-1, when the purpose of such employment or contract is to provide security or protection to that business or public or private facility and such person so employed or under contract is actually physically present on the premises at which such person is employed or to which such person is under contract;
(d)
Exceptions. The prohibitions contained in subsection (b)(1) of this section shall not apply to:
(1)
A person in such person's own dwelling or place of business or on real property owned and under such person's control.
(2)
A mobile guard or courier guard, as defined in Section 38-1, in uniform, employed or engaged in the business of making deliveries or pickups of goods, wares, currency or other items of value and who, in the course of such employment or business activity, walks, drives or rides from one location to another when such person is either in a private automobile, truck or other private means of conveyance or when such person is upon the property of another who has given authorization for the person so employed to be in possession of or to carry an openly displayed dangerous weapon. This subsection (d)(2) shall also constitute an exemption for Section 38-241 herein. This category will not provide an exemption when such person is not acting within such person's official employment capacity, or on the property of a person or entity who has not authorized the carrying of such openly displayed dangerous weapon.
(3)
A mobile guard or roving patrol guard, as defined in Section 38-1, in uniform, carrying an openly displayed dangerous weapon, when in uniform and when actually acting in the capacity of providing guard, security, watch or patrol services. Such person is only exempted from prohibitions in subsection (b)(1) of this section when such person is either in a private automobile, truck or other private means of conveyance or when such person is upon the property of another person or entity who has given authorization for the mobile guard or roving patrol guard to be in possession of or to carry an openly displayed dangerous weapon. This subsection (d)(2) shall also constitute an exemption for Section 38-241 herein. This category will not provide an exemption when such person is on publicly owned property, unless such person is acting within said person's scope of employment, or the exemption will not apply if such person is not acting within said person's scope of employment or is on property of a person or entity who has not authorized the carrying of such openly displayed dangerous weapon.
(4)
A person issued a written permit to carry a concealed handgun issued by any sheriff authorized to issue such permits within the state and the carrying of such weapon is within the terms of such permit.
(5)
A person carrying a knife or firearm as defined in Section 38-237 in a private automobile or other private means of conveyance for hunting or for lawful protection of such person's or another's person or property while traveling into, through, or within a municipal, county, or city and county jurisdiction, regardless of the number of times the person stops in a jurisdiction.
(6)
The prohibition contained in subsection (b)(3) of this section shall not apply to a juvenile who possess a firearm during attendance at a hunter's safety course, or a firearm safety course at an authorized firing range, engaged in hunting with a valid license or traveling with an unloaded handgun to or from such activities. For purposes of this subsection, unloaded means no cartridges in the chamber or cylinder and ammunition for the handgun is not in the possession of or in the immediate reach of the juvenile.
