Chapter X, Section VIII - Weapons
Sec. 10-8-1 Definitions
Sec. 10-8-2 Possessing an illegal weapon
Sec. 10-8-3 Possessing a defaced firearm
Sec. 10-8-4 Defacing a firearm
Sec. 10-8-5 Carrying a concealed weapon
Sec. 10-8-6 Using a weapon in a prohibited manner
Sec. 10-8-7 Possessing or using certain dangerous or deadly weapons prohibited when
Sec. 10-8-8 Displaying certain weapons for sale prohibited when
Sec. 10-8-9 Selling weapons to certain persons prohibited
Sec. 10-8-10 Concealing or displaying certain weapons prohibited; forfeiture
Sec. 10-8-11 Forfeiture of prohibited weapons required when
Sec. 10-8-12 Disposition of forfeited weapons
Sec. 10-8-1. Definitions.
(a) As used in this Chapter, unless the context otherwise requires:
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.
Bomb means any explosive or incendiary device or Molotov cocktail which is not specifically designed for lawful and legitimate use in the hands of its possessor.
Firearm silencer means any instrument, attachment, weapon or appliance for causing the firing of any gun, revolver, pistol or other firearm to be silent or intended to lessen or muffle the noise of the firing of any such weapon.
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 a 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 (3½ 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. The issue that a knife is a hunting or fishing knife must be raised as an affirmative defense.
Machine gun means any firearm, whatever its size and usual designation, that shoots automatically more than one (1) shot, without manual reloading, by a single function of the trigger.
Short rifle means a rifle having a barrel less than sixteen (16) inches long, or an overall length of less than twenty-six (26) inches.
Short shotgun means a shotgun having a barrel or barrels less than eighteen (18) inches long, or an overall length of less than twenty-six (26) inches.
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.
(b) It shall be an affirmative defense to any provision of this Chapter that the act was committed by a peace officer in the lawful discharge of his or her duties. (Ord. 380 1984)
Sec. 10-8-2. Possessing an illegal weapon.
(a) As used in this Section, illegal weapon means a blackjack, bomb, firearm silencer, gas gun, machine gun, short shotgun, short rifle, metallic knuckles, gravity knife or switchblade knife.
(b) A person, other than a peace officer or member of the Armed Forces of the United States or Colorado National Guard, acting in the lawful discharge of his or her duties, or a person who has a valid permit and license pursuant to the federal code for such weapon, commits a violation if he or she possesses an illegal weapon. The exceptions in this Subsection shall be an affirmative defense. (Ord. 380 1984)
Sec. 10-8-3. Possessing a defaced firearm.
A person commits a violation of this Section if he or she knowingly possesses a firearm, the manufacturer's serial number of which, or other distinguishing number or identification mark, has been removed, defaced, altered or destroyed. (Ord. 380 1984)
Sec. 10-8-4. Defacing a firearm.
A person commits a violation of this Section if he or she intentionally removes, defaces, covers, alters or destroys the manufacturer's serial number or any other distinguishing numbers or identification mark of a firearm. (Ord. 380 1984)
Sec. 10-8-5. Carrying a concealed weapon.
(a) A person commits a violation of this Section if he or she knowingly:
(1) Carries a knife concealed on or about his or her person; or
(2) Carries a firearm concealed on or about his or her person.
(b) It shall be an affirmative defense that the defendant was:
(1) A person in his or her own dwelling or place of business, or on property owned or under his or her control at the time of the act of carrying;
(2) A person in a private automobile or other private means of conveyance who carries a weapon for lawful protection of his, her 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 city, or the sheriff of a county; and such written permit shall be effective in the respective jurisdiction. (Ord. 380 1984)
Sec. 10-8-6. Using a weapon in a prohibited manner.
(a) A person commits a violation of this Section if:
(1) He or she intentionally and unlawfully aims a firearm at another person;
(2) Recklessly or with criminal neglect, he or she discharges a firearm or shoots a bow and arrow;
(3) He or she 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) He or she has in his or her possession a firearm while he or she is under the influence of intoxicating liquor or of a narcotic drug or dangerous drug.
(b) Possession of a permit issued under Section 10-8-5 above is no defense to a violation of Subsection (a) above. (Ord. 380 1984)
Sec. 10-8-7. Possessing or using certain dangerous or deadly weapons prohibited when.
It is unlawful for any person to have in his or her possession, except within his or her own domicile, or to carry or use, a revolver or pistol of any description, shotgun or rifle which may be used for the explosion of cartridges, any airgun, gas-operated gun or spring gun, any instrument, toy or weapon commonly known as a "peashooter," "slingshot" or "beany," or any bow made for the purpose of throwing or projecting missiles of any kind by any means whatsoever, whether such instrument is called by any name set forth above or by any other name; provided that nothing contained in this Section and Section 10-8-8 below shall prevent the use of any such instruments in shooting galleries, or in any private grounds or residence under circumstances when such instrument can be fired, discharged or operated in such manner as not to endanger persons or property, and also in such a manner as to prevent the projectile from traversing any grounds or space outside the limits of such gallery, grounds or residence; and further provided that nothing contained in this Section and Section 10-8-8 shall be construed to prevent the concealed carrying of any type of gun whatsoever, when unloaded and properly cased, to or from any range or gallery. (Ord. 380 1984)
Sec. 10-8-8. Displaying certain weapons for sale prohibited when.
It is unlawful for any secondhand dealer or pawnbroker, or any other individual, firm or corporation engaged in the wholesale or retail sale, rental or exchange of any of the weapons hereinafter named, to display or place on exhibition, in any show window or other window facing upon any street of the Town, any pistol, revolver or other firearm with a barrel less than twelve (12) inches in length, any brass or metal knuckles, any club loaded with lead or other weight, or any blackjack or billyclub. (Ord. 380 1984)
Sec. 10-8-9. Selling weapons to certain persons prohibited.
(a) It is unlawful for any person to purchase, sell, loan or furnish any gun, pistol or other firearm in which any explosive substance can be used to a person under the influence of alcohol or any narcotic drug, stimulant or depressant, to any person in a condition of agitation and excitability, or to any minor under the age of eighteen (18) years.
(b) Further, such unlawful purchase, sale, loan or furnishing shall be grounds for revocation of any license issued by the Town to such person. (Ord. 380 1984)
Sec. 10-8-10. Concealing or displaying certain weapons prohibited; forfeiture.
(a) It is unlawful for any person to wear under his or her clothes, or concealed about his or her person, or to display in a threatening manner, any dangerous or deadly weapon, including, but not by way of limitations, any pistol, revolver, slingshot, cross-knuckles or knuckles of lead, brass or other metal, any bowie knife, dirk, dagger or any knife resembling a bowie knife, or any other dangerous or deadly weapon.
(b) It is unlawful for any person to sell, offer to sell, display, use, possess or carry any knife or knives having the appearance of a pocket knife, the blade or blades of which can be opened by a flick of a button, pressure on the handle or other mechanical contrivance. Any such knife is hereby declared to be a "dangerous or deadly weapon" within the meaning of this Section, and shall be subject to forfeiture to the Town as provided in Sections 10-8-11 and 10-8-12 below. (Ord. 380 1984)
Sec. 10-8-11. Forfeiture of prohibited weapons required when.
(a) Every person convicted of any violation of Section 10-8-10 above shall forfeit to the Town such dangerous or deadly weapon so concealed or displayed.
(b) Nothing in this Section shall be construed to forbid United States Marshals, sheriffs, constables and their deputies, and any regular, special or ex officio police officer, or any other law enforcement officers, from the carrying or wearing while on duty of such weapons as shall be necessary in the proper discharge of their duties. (Ord. 380 1984)
Sec. 10-8-12. Disposition of forfeited weapons.
It shall be the duty of every police officer, upon making any arrest and taking such a concealed or deadly weapon from the person of the offender, to deliver the same to the Chief of Police, to be held by him or her until the final determination of the prosecution for such offense, and upon the finding of guilt, it shall then be the duty of the Chief of Police to make disposition of the weapon. (Ord. 380 1984)
