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Small fixed blade carry?
- Thread starter RickJ
- Start date
I wouldn't. It sounds like too much trouble.
Here's Colorado's definition of "knife" (which is a Class 2 Misdemeanor to carry concealed in public and a Class 6 Felony on school/college/university grounds):
"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.
The issue here is that "any other dangerous instrument" bit which is pretty much a catch-all. Even tough the Izula comes under the listed blade length, that last line is all they'd need to interpret it is illegal as well. And even if you claim it's for hunting, you'd still need to go through some legal trouble to prove it.
Also note that while Colorado's state statutes allow keeping a knife in your home or car (though it does say "while traveling" which could mean it was only intended for people carrying knives who were driving straight through the state), local ordinances may be more strict. In other words, even if carrying a knife in a car is OK with the state, it might not be OK with whatever city you're in, and it's the city's laws that you'll need to be following. That said, it's always helpful you mention the city/cities/ you'll be in so local ordinances can be examined as well.
You should also know that in Colorado's case law, there are precedents saying that their laws are fine the way they are (that they still apply despite being vague and despite the catch-all wording, also that they're constitutional). Case law also specifically covers that catch-all sentence, since the language was used to label a screwdriver carried by a felon as a weapon. I'm basically including this bit to try to dissuade you from carrying it under the assumption that you could find a loophole in the law somewhere (not that I think you would, but some people here do seem to have that attitude so I included this just to be safe).
Personally, I'd leave it at home. It just seems like far too much trouble to bring it. If you're dead-set on taking it along, however, then the last thing you could do would be to name the specific place you're going to so we can see what their laws are.
Here's Colorado's definition of "knife" (which is a Class 2 Misdemeanor to carry concealed in public and a Class 6 Felony on school/college/university grounds):
"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.
The issue here is that "any other dangerous instrument" bit which is pretty much a catch-all. Even tough the Izula comes under the listed blade length, that last line is all they'd need to interpret it is illegal as well. And even if you claim it's for hunting, you'd still need to go through some legal trouble to prove it.
Also note that while Colorado's state statutes allow keeping a knife in your home or car (though it does say "while traveling" which could mean it was only intended for people carrying knives who were driving straight through the state), local ordinances may be more strict. In other words, even if carrying a knife in a car is OK with the state, it might not be OK with whatever city you're in, and it's the city's laws that you'll need to be following. That said, it's always helpful you mention the city/cities/ you'll be in so local ordinances can be examined as well.
You should also know that in Colorado's case law, there are precedents saying that their laws are fine the way they are (that they still apply despite being vague and despite the catch-all wording, also that they're constitutional). Case law also specifically covers that catch-all sentence, since the language was used to label a screwdriver carried by a felon as a weapon. I'm basically including this bit to try to dissuade you from carrying it under the assumption that you could find a loophole in the law somewhere (not that I think you would, but some people here do seem to have that attitude so I included this just to be safe).
Personally, I'd leave it at home. It just seems like far too much trouble to bring it. If you're dead-set on taking it along, however, then the last thing you could do would be to name the specific place you're going to so we can see what their laws are.
- Joined
- May 26, 1999
- Messages
- 1,964
The Colorado Supreme Court decision A.P.E. v. People had a pretty lengthy discussion about that catchall phrase in the statues. My understanding is that if the blade is less than 3.5 inches long, then in order to meet the catchall definition the prosecution has to prove that the knife is a weapon. The design of the knife alone isnt enough to prove that its a weapon, BTW; the prosecution has to show that the defendant either intended to use the knife as a weapon or actually did use it as a weapon.