View Full Version : New Knife Legislation in CO?
BladesNBarrels
01-14-2017, 17:14
In an email from the Knife Rights Organization, they announced the following
Colorado Switchblade/Gravity Knife Ban Repeal Introduced
SB 17-008 to repeal Colorado's Switchblade and Gravity Knife bans has been introduced by Senator Owen Hill (R-10) and Representative Steve Lebsock (D-34). The bill legalizes the possession and sale of a gravity knife or switchblade by removing such knives from the definition of "illegal weapon." Knife Rights is working with our friends in Colorado to assure the passage of this bill.
Knife Rights is rewriting knife law in America™. Knife Rights passed the nation's first repeal of a switchblade (automatic) knife ban in 2010 in New Hampshire and has since passed repeal of switchblade bans (and repealed other knife restrictions) in Alaska, Indiana, Kansas, Maine, Missouri, Nevada, Oklahoma, Tennessee, Texas and Wisconsin.
http://files.constantcontact.com/8945fb0f001/fa8283b8-856e-40da-85a8-e088b2eb9c7e.jpg
Will have to keep an eye on this!
Appears to be a simple 2-page bill.
Sign me up for a stiletto.
I'd likely buy an auto knife if I could actually legally carry it.
Grant H.
01-14-2017, 18:51
I'd likely buy an auto knife if I could actually legally carry it.
Same here.
Zundfolge
01-14-2017, 19:48
I like it ... of course Hick isn't going to let the Jets and the Sharks be allowed slice each other up in the streets, daddy-o.
I would love to be able to take my Gerber 06 Autos out of the safe and be able to carry them again.
beast556
01-15-2017, 15:06
Hopefully it passes but I' m not holding my breath.
Hopefully it passes but I' m not holding my breath.
Yeah, it won't pass. We still live in a blue state.
It appears that SB17-008 is already scheduled for a hearing with the Senate Judiciary Committee. It is scheduled to be heard on January 25, 2017. The hearing will start at 1:30PM. They will meet in Senate Conference Room 352. The Senators on the committee are Bob Gardner (R), John Cooke (R), Rhonda Fields (D), Daniel Kagan (D) and Don Coram (R). Feel free to ask them to support the bill.
While it is a long shot, I am hopeful that this bill will attract some Democratic support (it will need it in the House) because switchblade knife laws were enacted and created to enable police to pick on minorities. They are still used for this purpose, especially the hopelessly vague and ridiculous gravity knife laws. Maryland's ban on gravity knives was the ostensible basis for the arrest of Freddie Gray in Baltimore in 2015, where he died after his arrest.
Colorado's switchblade knife law was enacted first in 1951, at the height of the "scare" over these knives. In 1971, when the Colorado Criminal Code was rewritten, the law still in place was enacted. It is past time that this law banning mere possession of these knives, was repealed.
As a dealer, I'd love to be able to sell these knives to someone other than sworn LEO and active duty military...
As a dealer, I'd love to be able to sell these knives to someone other than sworn LEO and active duty military...
The current law contains no exception for a dealer. Possession of a switchblade knife, or a gravity knife, by anyone but "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[,]" is illegal and is a crime under Colorado law. Your possession of these knives, for sale to persons allowed to possess them, is just as unlawful as anyone else's possession. A former CBI director, who decided she was also the Colorado Attorney General, spent her spare time writing to Benchmade, and other switchblade knife makers, telling them they could not legally sell to "dealers" in Colorado. As a result Benchmade cut at least some dealers off. That was some time ago and that CBI employee is now gone.
A visitor to a gun show in Colorado, as well as to many/most Front Range gun shops, would find the law is being ignored. But that doesn't change what it covers and what it does not cover.
OneGuy67
01-17-2017, 15:41
^^^^CBI has never had a female Director.
The current law contains no exception for a dealer. Possession of a switchblade knife, or a gravity knife, by anyone but "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[,]" is illegal and is a crime under Colorado law. Your possession of these knives, for sale to persons allowed to possess them, is just as unlawful as anyone else's possession. A former CBI director, who decided she was also the Colorado Attorney General, spent her spare time writing to Benchmade, and other switchblade knife makers, telling them they could not legally sell to "dealers" in Colorado. As a result Benchmade cut at least some dealers off. That was some time ago and that CBI employee is now gone.
A visitor to a gun show in Colorado, as well as to many/most Front Range gun shops, would find the law is being ignored. But that doesn't change what it covers and what it does not cover.
Source?
I believe this has been discussed ad nauseum before and that mere ownership is not illegal, but possessing the knife IN PUBLIC is, unless you're one of the chosen.
I have always wanted to try a OTF switchblade... but they are just too pricey for me (I used knives hard as utilitarian tools) and are illegal to carry.
3beansalad
01-17-2017, 17:19
Source?
I believe this has been discussed ad nauseum before and that mere ownership is not illegal, but possessing the knife IN PUBLIC is, unless you're one of the chosen.
That's the way I understood it as well.
That's the way I understood it as well.
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.
^^^^CBI has never had a female Director.
I looked, and she referred to herself as "agent-in-charge" not director. My mistake.
OneGuy67
01-18-2017, 10:10
I looked, and she referred to herself as "agent-in-charge" not director. My mistake.
Agents in Charge are like Sergeants on a patrol shift. They supervise a group of Agents, but are low on the totem pole. Can you name this Agent In Charge or post where you are seeing her involvement?
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.
I "was" a member of the Armed Forces.
:D
Would a CCW be a valid permit for such weapons?
Would a CCW be a valid permit for such weapons?
Not in Colorado, as the permit specifies it is for firearms only.
ghettodub
01-18-2017, 13:31
Doubt it'll do much good, but I emailed those reps on the Judicial committee
3beansalad
01-18-2017, 17:16
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?
So a switchblade is a class 1 misdemeanor? What's the penalty for that? A small fine?
hunterhawk
01-19-2017, 02:30
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.
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.
As to a permit, that reference is for NFA guns. There is no switchblade knife permit.
Socs tryna keep a greaser down.
hurley842002
01-19-2017, 10:18
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.
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.
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..."
Maybe they could attack it from the angle of people with motor skill issues, etc. First legalize them for medical issues purposes and the next thing you know, Colorado Ave in COS is replete with knife shops!
Don't forget the trades. I wonder if utility line workers like using both hands to open a knife while they're holding onto a power pole?
There is no such thing as centrifugal force. How does the law rectify that?
All knives open by centrifugal force if they rotate on an axis to do so (http://www.livescience.com/52488-centrifugal-centripetal-forces.html). The law assumes that it would be a force not actuated manually by the agent of the knife handler. However, this is in fact the case in all situations, whether the mechanism of actuation is a flick or by pulling the blade.
#funwithmetaphysics (because the failure of this language forgets the reality of causation, primary and secondary)
There is no such thing as centrifugal force. There is centripedal force, but that's not how knives open.
granted, but this language usage is referential to appearance.
I had to reread your post to see that we were in agreement.
There is no such thing as centrifugal force. There is centripedal force, but that's not how knives open.
A number of knife laws use language related to "centrifugal force." I have never heard of using a physics based argument that the phrase is meaningless, or just plain wrong. However, the more strikes against the law as written, the better the chances of getting it repealed.
If you can show up at the hearing and explain to the legislators in simple language non-scientists can understand, that the language the law uses does not describe knives that flick open on a pivot, or that the language is unfairly vague, that could really help.
In my opinion, in order for this law to be repealed Democrats will need a reason to support the bill. Colorado Democrats hate weapons, and they hate self defense. A focus on issues they like is needed. They like due process. They dislike laws that give the police a reason to hassle minorities. Repealing unfairly vague laws makes sense to Democrats (and to most Republicans also, but Colorado Republicans are OK with weapons and self defense, for the most part anyway. So that argument can suffice for them to support it). An argument that the language the law uses is vague because it describes a force that doesn't exist in the science of physics could make sense to Democrats.
The other side of that thought is getting a law that is less vague, but still bands all the same style knives.
We need to legalize all knives for the sake of lesbian eskimo midget left handed ninja albino persons, who frankly are in danger of being mugged everywhere.
We need to legalize all knives for the sake of lesbian eskimo midget left handed ninja albino persons, who frankly are in danger of being mugged everywhere.
AKA "Snowflakes"...[ROFL1]
BladesNBarrels
01-26-2017, 11:43
Update:
SB 17-008 to repeal Colorado's Switchblade and Gravity Knife bans has passed out of the Senate Judiciary Committee by a vote of 4-1.
It now moves to the full senate for a vote.
Shooter45
01-27-2017, 14:02
Awesome news for sure, just have to see if Hickenlooper throws it out...
newracer
01-27-2017, 14:11
Awesome news for sure, just have to see if Hickenlooper throws it out...
Still a long ways before he sees it.
liberty19
01-31-2017, 10:59
It will be nice if this happens, but because of our state, I don't have much hope.
This morning Senate Bill 17-008 passed out of the Senate on a vote of 32 in favor, 3 against. The three no votes were cast by Senators Fields, Jones and Kefalas. It now moves on to the House.
kidicarus13
02-01-2017, 12:37
Senators Fields
AKA Rapsheet Rhonda
The bill repealing the switchblade and gravity knife ban passed in the Senate, and has been assigned to the House Judiciary Committee. A hearing date is not yet set. I think this is a good sign, as sending the bill to the "kill" committee, the State, Veterans and Military Affairs Committee, would be a very bad sign.
The Committee has eleven members, Representatives Pete Lee (D), Chair, Joe Salazar (D), Vice Chair; Adrienne Benavidez (D), Terri Carver (R), Mike Foote (D), Leslie Herod (D), Paul Lundeen (R), Jovan Melton (D), Yeulin Willett (R), Mike Weissman (D) and Cole Wist (R). There are seven Democrats and four Republicans. Obviously some Democratic support will be needed to pass the bill. The House sponsor of the bill is a Democrat, so that helps. However if you wanted to contact the members of the committee and let them know you want the bill to pass and encourage them to vote in favor of the bill, that can help. Heck, the Colorado ACLU says they support the bill: http://aclu-co.org/legislation/sb17-008-legalize-gravity-knives-switchblades/
I might have to dive a boat wreck if this passes.
I might have to dive a boat wreck if this passes.
Yup, need scuba gear.
The bill repealing the switchblade and gravity knife ban passed in the Senate, and has been assigned to the House Judiciary Committee. A hearing date is not yet set. I think this is a good sign, as sending the bill to the "kill" committee, the State, Veterans and Military Affairs Committee, would be a very bad sign.
The Committee has eleven members, Representatives Pete Lee (D), Chair, Joe Salazar (D), Vice Chair; Adrienne Benavidez (D), Terri Carver (R), Mike Foote (D), Leslie Herod (D), Paul Lundeen (R), Jovan Melton (D), Yeulin Willett (R), Mike Weissman (D) and Cole Wist (R). There are seven Democrats and four Republicans. Obviously some Democratic support will be needed to pass the bill. The House sponsor of the bill is a Democrat, so that helps. However if you wanted to contact the members of the committee and let them know you want the bill to pass and encourage them to vote in favor of the bill, that can help. Heck, the Colorado ACLU says they support the bill: http://aclu-co.org/legislation/sb17-008-legalize-gravity-knives-switchblades/
This bill has been scheduled for a hearing on March 2 at 1:30PM. Assuming it passes out of the House Judiciary committee it will go to the full House for a vote. Things are moving!
APEXgunparts
02-27-2017, 19:32
Maybe they could attack it from the angle of people with motor skill issues, etc. First legalize them for medical issues purposes and the next thing you know, Colorado Ave in COS is replete with knife shops!
In the Federal knife law it is legal for a one armed man to own a switchblade.
They make an exception for that disability.
Richard
The bill had a hearing yesterday afternoon. After a great deal of discussion about whether a switchblade was also a "knife" as defined in Colorado law related to carrying of knives, (it is) the bill passed on a vote of ten in favor and one, Rep. Benavidez, opposed. It should now go to the full House for a vote. Assuming it passes, it will go to Gov Hickenlooper for him to sign, veto or let become law without action by him. I think there is a very real likelihood the Colorado switchblade and gravity knife ban will be repealed. Carry of a switchblade or gravity knife will still be governed by the law governing carry of any knife.
What law is that? The one about lengtt?
Great-Kazoo
03-03-2017, 17:46
I think there is a very real likelihood the Colorado switchblade and gravity knife ban will be repealed. Carry of a switchblade or gravity knife will still be governed by the law governing carry of any knife.
In the Federal knife law it is legal for a one armed man to own a switchblade.
They make an exception for that disability.
Richard
Legal as heck in Wyo.
What law is that? The one about lengtt?
Damn thats good news. I might have to get lazy and buy one or two. I'm pretty good with a thumb opening kind though.
The first House vote on SB17-008, the switchblade and gravity knife ban repeal, is scheduled for tomorrow, March 7. Please feel free to encourage your representative to vote yes on the bill. It will have to pass that vote, and a second vote, usually held the following day, before it goes to the governor for action.
If this bill passes, a switchblade knife or gravity knife will be treated like any other knife. Concealed carry of a knife in Colorado is generally illegal if the knife has a blade over 3.5 inches in length. There are exceptions for special people, like law enforcement, and for a so called hunting or fishing knife. Unconcealed carry is not regulated by state law, you can carry a sword or machete or anything else, so long as it is not concealed.
The first House vote was put off for a day, and happened today, March 8. The bill passed 2nd reading, which is a voice cote. It should have a recorded vote tomorrow and assuming it passes again it will go to the governor for action. One thing to keep in mind as it looks more and more like this wil pass is that there is no state preemption law on knives the way there is on firearms. Home rule cities may have their own laws on knives which would not be affected by the state law repeal. For example Denver prohibits possession of switchblade knives (although using a different, older, definition than current state law) and Denver prohibits carry of switchblade or gravity knives, regardless of blade length and regardless of whether such carry is concealed or not.
hurley842002
03-08-2017, 12:05
The first House vote was put off for a day, and happened today, March 8. The bill passed 2nd reading, which is a voice cote. It should have a recorded vote tomorrow and assuming it passes again it will go to the governor for action. One thing to keep in mind as it looks more and more like this wil pass is that there is no state preemption law on knives the way there is on firearms. Home rule cities may have their own laws on knives which would not be affected by the state law repeal. For example Denver prohibits possession of switchblade knives (although using a different, older, definition than current state law) and Denver prohibits carry of switchblade or gravity knives, regardless of blade length and regardless of whether such carry is concealed or not.
Thanks for the updates James.
beast556
03-08-2017, 12:22
Thank you for the updates. Hopefully this will pass. We will still be limited to 3.5 inch blade length correct?
Thank you for the updates. Hopefully this will pass. We will still be limited to 3.5 inch blade length correct?
Insofar as state law is concerned, for concealed carry, the answer is yes. For unconcealed carry, the blade length can be whatever you want to lug around. In a sheath on the outside of your clothing is typically considered unconcealed. While it is a fact question whether a knife is concealed or unconcealed, generally speaking, carry in a pocket with the clip showing on the outside of the pocket, and the top part of the knife also showing, is treated as unconcealed.
You just have to watch for local ordinances, the current state switchblade knife ban is repeated in at least some cities municipal ordinances also.
Assuming this passes, the next step is definitely a knife pre-emption law, along the lines of what there is for firearms.
kidicarus13
03-08-2017, 20:12
I haven't been following this bill but how are they "selling" this to the legislature? Seems too good to be true.
Can't believe R. Fields voted in favor of this. Cats and dogs are living together. At least in her District.
You know a vast majority of their constituents can't legally own a gun. This is a poor attempt at a self-defense mechanism.
kidicarus13
03-09-2017, 12:14
https://leg.colorado.gov/bills/sb17-008
DATE ACTION MOTION VOTE
03/09/2017 Third Reading BILL Aye: 59 No: 6 Other: 0
Effective Date
The bill takes effect August 9, 2017, if the General Assembly adjourns on May 10, 2017,
as scheduled, and no referendum petition is filed.
So this passed the House and is on to the Gov. desk to sign?
Yesterday, March 23, the governor signed the bill. As of August 9, the state law restrictions on switchblade and gravity knives goes away.
newracer
03-24-2017, 08:52
Wow
BladesNBarrels
03-24-2017, 09:26
Yesterday, March 23, the governor signed the bill. As of August 9, the state law restrictions on switchblade and gravity knives goes away.
From Knife Rights Organization:
http://files.constantcontact.com/8945fb0f001/2566730a-bfd4-4810-a64e-6f4f2823de1c.png
Colorado Governor John Hickenlooper on Thursday signed SB 17-008, the bill to repeal Colorado's switchblade and gravity knife ban. Congratulations to sponsors Sen. Owen Hill and Rep. Steve Lebsock for their effective leadership in moving this bipartisan bill thorough the legislature with overwhelming votes in both houses. Thanks to everyone who called or emailed the Governor urging him to sign the bill.
Holy crap. Hickenlooper must finally be embracing (and partaking in) our state marijuana laws. I'm totally shocked he signed off on it.
hurley842002
03-24-2017, 09:56
Hickenlooper 2020? "look at the legislation I signed, I'm pro self defense".
He has let a few gems slip by. By my count though 4 horrible, unconstitutional antigun bills go through with a pat on the head from Obama. And 2 so-so bills that helped people slip through. That I don't think a Republican would have signed off on.
Holy crap. Hickenlooper must finally be embracing (and partaking in) our state marijuana laws. I'm totally shocked he signed off on it.
You need to look at his videos a little closer. He is high or drunk in a few. Especially after he is meeting with his superiors.
Placing my order now.
From where? Shoot me a PM. Please and thanks.
Now, where do you think prices for these knives in CO will go? MSRP? Capitalize on the initial demand and then settle down?
I look forward to retrieving my Gerber 06 Auto's from the bottom of the lake.
So for those of us that are knife naive, is there anything still illegal after the date this legislation becomes active?
hurley842002
03-24-2017, 14:57
So for those of us that are knife naive, is there anything still illegal after the date this legislation becomes active?
All other restrictions would remain in place, for example, still illegal to conceal a knife with blade longer than 3.5".
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