Auto Law Interpretation?

I

impulsepainter

Joined
Nov 8, 2009
Messages
7
Okay, so from what I can tell, auto's are illegal to carry in my state (for a civilian) (Colorado).

I think I'm misinterpreting the laws, but from my understanding, <3.5" blade auto knives should be legal.

Colorado - Criminal Code Section 18-12-101. Definitions...
(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, that when
released is locked into place by means of a button,
spring, lever, or other device... (f) "Knife" means any
dagger, dirk, knife, or stiletto with a blade over 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. The issue that a knife is a
hunting or fishing knife must be raised as an affirmative
defense. (j) "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... (a.3) "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.
Click to expand...

Knife is defined as having a blade over 3.5". It then goes to say that a switchblade knife is any knife which opens with the action on the handle (to paraphrase). Shouldn't it therefor be required to be over 3.5" to be defined as a switchblade/automatic?
 
IMO I would take the law meaning-----j--any switch blade knife to mean any knife that is called a switch blade regardless of length. I am definately not an authority. Just posting an opinion.
 
bucksforus said:
IMO I would take the law meaning-----j--any switch blade knife to mean any knife that is called a switch blade regardless of length. I am definately not an authority. Just posting an opinion.
Click to expand...

I see that as the accepted interpretation, and will probably abide by it, even though I don't agree with it.

I'm just wondering why they went to all the trouble as defining it a knife as >3.5", and use the terminology knife later on, yet it suddenly covers all lengths.
 
The way it appears to read is that unless it is a hunting or fishing knife being used in such activity, you may not carry any knife with a blade over 3 1/2 inches. Switchblade and other such knives as descripted are illegal in any size.

This is similar to NYS law.
 
that paragraph is providing definitions of terms used throughout the code.

(e) defines "gravity knife",
(f) defines "knife",
(j) defines "switchblade",

etc, etc...

they are not meant to be read together, and do not define the same things.
 
Morimotom is exactly right, this is a "definition" statute. It has to actually say what you can and cannot do with said defined "switchblade."

The statute you want is 18-12-102, which states:
...
(2) As used in this section, the term "illegal weapon" means a blackjack, gas gun, metallic knuckles, gravity knife, or switchblade knife.
...
(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.
Click to expand...
 
Okay, I guess this is one of those situations where I know I'm wrong, but I think I should be right and I'm just being arrogant.

Thanks for the help and clarification.
 
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