New Knife Legislation in CO?

[Irving]

Would a CCW be a valid permit for such weapons?

Not in Colorado, as the permit specifies it is for firearms only.

[ghettodub]

Doubt it'll do much good, but I emailed those reps on the Judicial committee

[3beansalad]

The law says: CRS 18-12-102 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.

The law says nothing about being in public. The law says nothing about carrying the knife.

The law also never defines possession. I would never carry an automatic knife. But does ownership legally constitute possession if said knife not in the individual's possession?

[ray1970]

So a switchblade is a class 1 misdemeanor? What's the penalty for that? A small fine?

[hunterhawk]

You can be taken to jail for it and have i believe a $750 dollar bond. Might be $500... or yes you can also be handed a summons and the knife confiscated with a court date.

[JamesB]

A Class 1 misdemeanor has a penalty range of between six to eighteen months imprisonment, and/or a five hundred dollar to five thousand dollars fine.

Possession is defined in numerous court cases, and typically has the commonsense, dictionary definition. In a case where a thing is not on your person, but you exercise control over it, you still possess it. If you leave the knife at your home, you still possess it, the same way all the other contents of your home, or your gun safe, are your possessions. You need not own something to possess it, but ownership can certainly go to whether or not you possess something.

As to a permit, that reference is for NFA guns. There is no switchblade knife permit.

[CS1983]

As to a permit, that reference is for NFA guns. There is no switchblade knife permit.

Socs tryna keep a greaser down.

[hurley842002]

I'd like to see it pass, if for nothing more than freedom. That being said, I can deploy my Axis lock Benchmade faster than an auto, no fine motor skills necessary. There is also the wave feature of Emerson and a couple others. Slightly off topic but yes I'd like to see it pass.

[JamesB]

I'd like to see it pass, if for nothing more than freedom. That being said, I can deploy my Axis lock Benchmade faster than an auto, no fine motor skills necessary. There is also the wave feature of Emerson and a couple others. Slightly off topic but yes I'd like to see it pass.

The issue is that the definitions of "gravity knife" and "switchblade knife" covers virtually any knife you can open with one hand. The spring assisted folding knives, and other easy open folding knives, that are so popular right now, are illegal in Colorado. CRS 18-12-101(1) (e) "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. Any knife that can be flicked open is included. In Colorado a folding knife really has to require the use of two hands to open, to be legal, like a Swiss Army knife, or a like knife that has a very strong spring keeping the blade in the handle.

This is why getting rid of this stuff makes so much sense. Colorado's knife law is stupid, and is out of step with knife technology, and with the rest of the US.

[Irving]

There is no such thing as centrifugal force. How does the law rectify that? Might as well read, "If knife can be opened by witch power..."