18-12-102. Possessing a dangerous or illegal weapon - affirmative defense.

(1) As used in this section, the term "dangerous weapon" means a firearm silencer, machine gun, short shotgun, short rifle, or ballistic knife.

(2) As used in this section, the term "illegal weapon" means a blackjack, gas gun, metallic knuckles, gravity knife, or switchblade knife.

(3) A person who knowingly possesses a dangerous weapon commits a class 5 felony. Each subsequent violation of this subsection (3) by the same person shall be a class 4 felony.

(4) A person who knowingly possesses an illegal weapon commits a class 1 misdemeanor.

(5) It shall be an affirmative defense to the charge of possessing a dangerous weapon, or to the charge of possessing an illegal weapon, that the person so accused was a peace officer or member of the armed forces of the United States or Colorado National Guard acting in the lawful discharge of his duties, or that said person has a valid permit and license for possession of such weapon.

Source: L. 71: R&RE, p. 482, 1. C.R.S. 1963: 40-12-102. L. 72: p. 276, 9. L. 73: p. 540, 13. L. 79: Entire section R&RE, p. 729, 10, effective July 1. L. 87: (1) amended, p. 674, 3, effective May 16.

Cross references: For affirmative defenses generally, see 18-1-407, 18-1-710, and 18-1-805.