Chapter 9.32
WEAPONS

Sections:

9.32.010    Definitions.

9.32.020    Possessing an illegal weapon.

9.32.030    Possession of a defaced firearm.

9.32.040    Carrying a concealed weapon.

9.32.050    Prohibited use of weapons.

9.32.070    Throwing of stones prohibited.

9.32.010 Definitions.

The following definitions shall apply to this chapter:

“Ballistic knife” means any knife that has a blade which is forcefully projected from the handle by means of a spring-loaded device or explosive charge.

“Blackjack” means and includes any billy, sand club, sandbag or other hand-operated striking weapon consisting, at the striking end, of an encased piece of lead or other heavy substance and, at the handle end, a strap or springy shaft which increases the force of impact.

“Gas gun” means a device designed for projecting gas-filled projectiles which release their contents after having been projected from the device, and includes projectiles designed for use in such device.

“Gravity knife” means any knife that has a blade released from the handle or sheath thereof by the force of gravity or the application of centrifugal force, that when released is locked in place by means of a button, spring, lever or other device.

“Knife” means any dagger, dirk, knife or stiletto with a blade over three and one-half (3 1/2) inches in length, or any other dangerous instrument capable of inflicting cutting, stabbing or tearing wounds, but does not include a hunting or fishing knife carried for sports use, or a knife or utensil used for cooking related purposes. The issue that a knife is a hunting or fishing knife or a knife or utensil used for cooking related purposes, must be raised as an affirmative defense.

“Switchblade knife” means any knife, the blade of which opens automatically by hand pressure applied to a button, spring or other device in its handle. (Ord. 1991-10 § 1: prior code § 10-135)

9.32.020 Possessing an illegal weapon.

A.    A person who knowingly possesses an illegal weapon commits a misdemeanor.

B.    As used in this section, the term “illegal weapon” means a blackjack, gas gun, metallic knuckles, or knife.

C.    An affirmative defense to the charge of possessing an illegal weapon shall be that the person so accused was a peace officer or a member of the armed forces of the United States or Colorado National Guard acting in the lawful discharge of his duties, or that the person has a valid permit and license for possession of such weapon. (Ord. 2017-9 § 1: Ord. 1991-11 § 1: prior code § 10-137)

9.32.030 Possession of a defaced firearm.

It is unlawful for any person to knowingly and unlawfully possess a firearm, the manufacturer’s serial number of which, or other distinguishing number or identification mark, has been removed. (Prior code § 10-138)

9.32.040 Carrying a concealed weapon.

A.    It is unlawful for any person to knowingly and unlawfully:

1.    Carry a knife concealed on or about his person; or

2.    Carry a firearm concealed on or about his person.

B.    It shall be an affirmative defense that the defendant was:

1.    A person in his own dwelling or place of business or on property owned or under his control at the time of the act of carrying; or

2.    A person in a private automobile or other private means of conveyance who carries a weapon for lawful protection of his or another’s person or property, while traveling; or

3.    A person who, prior to the time of carrying a concealed weapon, has been issued a written permit to carry the weapon by the chief of police of a city, the mayor of a town or the sheriff of a county; and such written permit shall be effective in all areas of the state. (Prior code § 10-140)

9.32.050 Prohibited use of weapons.

A.    A person commits a misdemeanor if he:

1.    Knowingly and unlawfully aims a firearm at another person; or

2.    Recklessly or with criminal negligence discharges a firearm or shoots a bow and arrow; or

3.    Knowingly sets a loaded gun, trap or device designed to cause an explosion upon being tripped or approached, and leaves it unattended by a competent person immediately present; or

4.    Has in his possession 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 permit under C.R.S. 18-12-105.1, is no defense to a violation of this subsection;

5.    Knowingly aims, swings or throws a throwing star or nunchaku as defined in this paragraph at another person, or he knowingly possesses a throwing star or nunchaku in a public place except for the purpose of presenting an authorized public demonstration or exhibition or pursuant to instruction in conjunction with an organized school or class. When transporting throwing stars or nunchaku for a public demonstration or exhibition or for a school or class, they shall be transported in a closed, nonaccessible container. For purposes of this paragraph, “nunchaku” means an instrument consisting of two sticks, clubs, bars or rods to be used as handles, connected by a rope, cord, wire or chain, which is in the design of a weapon used in connection with the practice of a system of self-defense, and “throwing star” means a disk having sharp radiating points or any disk-shaped bladed object which is hand-held and thrown and which is in the design of a weapon used in connection with the practice of a system of self-defense. (Ord. 1991-12 § 1: prior code § 10-141)

9.32.070 Throwing of stones prohibited.

No person shall throw or shoot any stone or other missile at or upon any person, animal, public or private property, building or structure. (Ord. 2013-6 § 1: prior code § 10-142)