Colorado State Knife Laws

[cerulean]

These are the basic knife laws from the Colorado Revised Statutes.

18-12-101. Definitions.
(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.
(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 in place by means of a button, spring, lever, or other device.
(f) "Knife" means any dagger, dirk, knife, or stiletto with a blade over three and one-half 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.
(2) It shall be an affirmative defense to any provision of this article that the act was committed by a peace officer in the lawful discharge of his duties.

Notice that a "knife" is defined as a knife with a blade over 3.5" long. I've seen a court case where the blade length was measured from the pivot joint to the tip of the blade in a folder. I don't have a reference available right now, but I'll look for one.

Also notice the part in that definition that says "or any other dangerous instrument capable of inflicting cutting, stabbing, or tearing wounds". That means that any cutting object with a blade under 3.5" could also be considered a knife. So the blade length standard is not absolute. (see this thread)

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.

Those laws are pretty common; most states have similar ones.

18-12-105. Unlawfully carrying a concealed weapon - unlawful possession of weapons.
(1) A person commits a class 2 misdemeanor if such person knowingly and unlawfully:
(a) Carries a knife concealed on or about his or her person; or ...
(2) It shall not be an offense if the defendant was:
(a) 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; or
(b) A person in a private automobile or other private means of conveyance who carries a weapon for lawful protection of such person's or another's person or property while traveling; or
(c) 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 to carry the weapon by the chief of police of a city or city and county, or the sheriff of a county; or
(d) A peace officer, level I or level Ia, as defined in section 18-1-901 (3) (l) (I) or (3) (l) (II); or
(e) A peace officer, level II, as defined in section 18-1-901 (3) (l) (III), while on duty; or
(f) A United States probation officer or a United States pretrial services officer while on duty and serving in the state of Colorado under the authority of rules and regulations promulgated by the judicial conference of the United States.

The statutes don't define the term "concealed" because the "Question of whether weapon is concealed is question of fact for the jury which should not be summarily determined by the trial judge at the time that he rules on the defendant's motion to suppress. People v. Vincent, 628 P.2d 107 (Colo. 1981)." - Annotation 18-12-105.

18-12-108. Possession of weapons by previous offenders.
(1) A person commits the crime of possession of a weapon by a previous offender if the person knowingly possesses, uses, or carries upon his or her person a firearm as described in section 18-1-901 (3) (h) or any other weapon that is subject to the provisions of this article subsequent to the person's conviction for a felony, or subsequent to the person's conviction for attempt or conspiracy to commit a felony, under Colorado or any other state's law or under federal law.
(2) (a) Except as otherwise provided by paragraphs (b) and (c) of this subsection (2), a person commits a class 6 felony if the person violates subsection (1) of this section.
(b) A person commits a class 5 felony, as provided by section 18-12-102, if the person violates subsection (1) of this section and the weapon is a dangerous weapon, as defined in section 18-12-102 (1).
(c) A person commits a class 5 felony if the person violates subsection (1) of this section and the person's previous conviction was for burglary, arson, or any felony involving the use of force or the use of a deadly weapon and the violation of subsection (1) of this section occurs as follows:
(I) From the date of conviction to ten years after the date of conviction, if the person was not incarcerated; or
(II) From the date of conviction to ten years after the date of release from confinement, if such person was incarcerated or, if subject to supervision imposed as a result of conviction, ten years after the date of release from supervision.
(d) Any sentence imposed pursuant to this subsection (2) shall run consecutively with any prior sentences being served by the offender.

In this law, almost any type of knife can be considered a weapon. In fact, even a simple screwdriver can be considered to be a knife under this law. "Broad definition of "knife", incorporated into this section by reference to § 18-12-101, is constitutional. Where defendant possessed a screwdriver with specific intent to use it as a weapon, elements of crime were present. But this section does not prohibit possession of such an instrument for an innocent purpose, so prohibition is neither unconstitutionally vague nor overbroad. People v. Gross, 830 P.2d 933 (Colo. 1992)." - Annotation 18-12-108

22-33-106. Grounds for suspension, expulsion, and denial of admission.
(1) The following shall be grounds for suspension or expulsion of a child from a public school during a school year...
(d) (I) Serious violations in a school building or in or on school property, which suspension or expulsion shall be mandatory; except that expulsion shall be mandatory for the following violations: Carrying, bringing, using, or possessing a dangerous weapon without the authorization of the school or the school district...
(II) As used in this paragraph (d), "dangerous weapon" means:
(C) A fixed blade knife with a blade that measures longer than three inches in length or a spring loaded knife or a pocket knife with a blade longer than three and one-half inches; or
(D) Any object, device, instrument, material, or substance, whether animate or inanimate, used or intended to be used to inflict death or serious bodily injury.

Individual schools and districts usually have there own rules in addition to this law.

18-1-105. Felonies classified
Class Minimum Maximum Mandatory Period
Sentence Sentence of Parole

1 Life imprisonment Death None
2 Eight years imprisonment Twenty-four years imprisonment Five years
3 Four years imprisonment Twelve years imprisonment Five years
4 Two years imprisonment Six years imprisonment Three years
5 One year imprisonment Three years imprisonment Two years
6 One year imprisonment Eighteen months imprisonment One year

18-1-106. Misdemeanors classified
Class Minimum Sentence Maximum Sentence

1 Six months imprisonment, or five Eighteen months imprisonment,
hundred dollars fine, or both or five thousand dollars fine, or both
2 Three months imprisonment, or two Twelve months imprisonment,
hundred fifty dollars fine, or both or one thousand dollars fine, or both
3 Fifty dollars fine Six months imprisonment, or seven
hundred fifty dollars fine, or both