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DANGEROUS OR DEADLY WEAPONS
Sections:
9.70.010 Definitions.
9.70.020 Unlawfully carrying a concealed weapon.
9.70.025 Unlawfully carrying a concealed weapon in private
vehicle.
9.70.030 Illegal weapons-Unlawful to possess or use.
9.70.040 Firearms-Unlawful to discharge.
9.70.050 Deadly weapon-Unlawful to display, brandish or flourish.
9.70.060 Deadly or illegal weapons-Confiscation and disposition
thereof.
9.70.070 Deadly weapons-Unlawful to carry where vinous, spirituous
or malt liquors sold.
9.70.080 Dangerous missiles-Stones.
9.70.010 Definitions.
The following definitions shall apply to this chapter:
"Blackjack" includes any billy, sandclub, sandbag, sap 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, or any device or article consisting of two or more separate portions, linked together by a chain, strap or other fastener, which configuration is designed to increase the striking force or impact of the device or article.
"Deadly Weapon" means any of the following which in the manner it is used or intended to be used is capable of producing death or serious bodily injury:
1. A firearm, whether loaded or unloaded;
2. A knife;
3. A bludgeon; or
4. Any other weapon, device, instrument, material, or substance, whether animate or inanimate.
"Firearm" means any handgun, automatic, revolver, pistol, rifle, shotgun, or other instrument or device capable or intended to be capable of discharging bullets, cartridges, or other explosive devices.
"Gravity knife" includes any knife, the blade of which is released from the handle or sheath thereof by the force of gravity or the application of centrifugal force.
"Switchblade knife" includes any knife, the blade of which opens automatically by hand pressure applied to a button, spring or other device in its handle. (Ord. O-2007-28 § 16, 2007; Ord. O-2000-44 § 5, 2000; Ord. O-97-13 § 11 & 14, 1997; Ord. O-74-1 § 1 (part), 1974).
9.70.020 Unlawfully carrying a concealed weapon.
A. It is unlawful for any person to knowingly carry a knife or 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;
2. A person who, prior to the time of carrying a concealed weapon, has been
issued a written permit pursuant to Section 18-12-105.1, C.R.S. to carry the
weapon by the chief of police of a city or city and county, or the sheriff of
a county; or
3. A peace officer who is allowed by Section 18-12-105, C.R.S. to carry a concealed
weapon.
C. As used herein, "knife" means any dagger, dirk, knife, or stiletto
with a blade over three and-one-half inches in length, or any dangerous instrument
capable of inflicting cutting, stabbing, or tearing wounds, but does not include
a hunting or fishing knife which is being carried for sports use. The blade
includes the entire edge beyond the knife handle, regardless of whether it is
serrated. The issue that a knife is a hunting or fishing knife must be raised
as an affirmative defense. (Ord. O-2004-35 § 7, 2004; Ord. O-2000-44 §
6, 2000; Ord. O-97-13 § 15, 1997; Ord. O-87-27 § 12, 1987; Ord. O-74-1
§ 1 (part), 1974).
9.70.025 Unlawfully carrying a concealed weapon in private
vehicle.
A. It is unlawful for any person to knowingly carry a knife or firearm concealed
on or about his person while in a private automobile or other private means
of conveyance. It shall not be an offense under this section if 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;
2. Carrying a weapon for lawful protection of such person's or another's person
or property while traveling;
3. A person who, prior to the time of carrying a concealed weapon, has been
issued a written permit pursuant to Section 18-12-105.1, C.R.S. to carry the
weapon by the chief of police of a city or city and county, or the sheriff of
a county; or
4. A peace officer who is allowed by Section 18-12-105, C.R.S. to carry a concealed
weapon.
B. As used herein, "knife" means any dagger, dirk, knife, or stiletto
with a blade over three and-one-half inches in length, or any dangerous instrument
capable of inflicting cutting, stabbing, or tearing wounds, but does not include
a hunting or fishing knife which is being carried for sports use. The blade
includes the entire edge beyond the knife handle, regardless of whether it is
serrated. The issue that a knife is a hunting or fishing knife must be raised
an affirmative defense. (Ord. O-2004-35 § 8, 2004; Ord. O-2000-44 §
7, 2000).
9.70.030 Illegal weapons-Unlawful to possess or use.
A. It is unlawful for any person to knowingly possess, conceal or cause to be
concealed in any vehicle, or to use, any blackjack, gravity knife, multifixed
bladed stellate throwing knife, switchblade knife or brass or metallic knuckles.
B. Nothing in this section shall apply to a peace officer who is allowed by
Section 18-12-105, C.R.S. to carry a concealed weapon. (Ord. O-87-27 §
13, 1987; Ord. O-77-16 § 6, 1977; Ord. O-74-1 § 1 (part), 1974).
9.70.040 Firearms-Unlawful to discharge.
It is unlawful for any person, other than a peace officer or a member of the
armed forces of the United States or the Colorado National Guard acting in lawful
discharge of his duties, to discharge or cause to be discharged any firearm
within or into the limits of the city; provided, however, that this section
shall not apply to persons discharging firearms in shooting galleries or at
shooting ranges, where such firearms may be discharged so as not to endanger
persons or property and the projectile or projectiles from such firearms are
prevented from traversing any grounds or space outside the limits of such gallery
or range, or to the discharge of a firearm in lawful defense of person or property
when the use of deadly physical force is allowed under Title 18, Article 1,
Part 7 of the Colorado Criminal Code, C.R.S; further provided, however, that
this section shall not apply to any activity which is a felony under state law.
(Ord. O-94-33 § 38, 1994; Ord. O-87-27 § 14, 1987; Ord. O-74-1 §
1 (part), 1974).
9.70.050 Deadly weapon-Unlawful to display, brandish or
flourish.
A. It is unlawful for any person to display, brandish or flourish a deadly weapon
in a manner calculated to alarm or for any person to knowingly and without lawful
excuse, justification, or purpose to aim or point a firearm at another person;
provided, however, that the provisions of this section shall not apply to any
situation that constitutes a felony under state law.
B. Nothing herein shall apply to peace officers or members of the Colorado National
Guard or armed forces of the United States acting in lawful discharge of their
duties. (Ord. O-97-13 § 16, 1997; Ord. O-87-27 § 15, 1987; Ord. O-74-1
§ 1 (part), 1974).
9.70.060 Deadly or illegal weapons-Confiscation and disposition
thereof.
It shall be the duty of every police officer or agent, upon making any arrest
and seizing a weapon carried or used in violation of any provisions of this
chapter, to keep and place the same in such place of safekeeping as may be directed
by the Chief of Police until the final determination of the prosecution for
the offense or any offense in the prosecution of which such weapon may be evidence.
Upon entry of a formal judgment of guilt, the Chief of Police or his designee,
shall make such disposition of such weapon as may be ordered by the municipal
court or other court having jurisdiction, and in the absence of such order,
such disposition shall be as provided by Chapter 9.02 or by law. (Ord. O-94-33
§ 39, 1994; Ord. O-74-1 § 1 (part), 1974).
9.70.070 Deadly weapons-Unlawful to carry where vinous,
spirituous or malt liquors sold.
A. It is unlawful for any person to carry, conceal or display any dangerous
or deadly weapon while such person is on the premises of any establishment where
malt, vinous or spirituous liquors are sold for consumption on the premises.
B. The provisions of this section shall not apply to peace officers or any other
person duly licensed or authorized under applicable Colorado or federal law
to carry such weapon concealed, or to persons carrying such weapons in their
place of business or having control of the premises at the time of the act of
carrying. (Ord. O-74-1 § 1 (part), 1974).
9.70.080 Dangerous missiles-Stones.
It is unlawful for any person to willfully, maliciously or recklessly throw,
shoot or project any stone, arrow, pellet, dart, ball bearing or other dangerous
missile at or against the person, animal, building, structure, personal property
or fixture or vehicle of another, except that the provisions of this section
shall not apply to persons throwing, projecting or shooting any such dangerous
missile at any animal in order to protect his person or property or the person
or property of another from physical injury; further provided, however, that
this section shall not apply to any activity which is a felony under state law.
(Ord. O-94-33 § 40, 1994; Ord. O-74-1 § 1 (part), 1974).
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