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O2HeN2
09-02-2022, 10:57
C.R.S. 18-12-401 (https://advance.lexis.com/documentpage/?pdmfid=1000516&crid=1fe6245f-3b9b-4b59-9c4c-6090b93d09d5&nodeid=AASAAXAAFAAC&nodepath=%2FROOT%2FAAS%2FAASAAX%2FAASAAXAAF%2FAASA AXAAFAAC&level=4&haschildren=&populated=false&title=18-12-401.+Definitions.&config=014FJAAyNGJkY2Y4Zi1mNjgyLTRkN2YtYmE4OS03NTY zNzYzOTg0OGEKAFBvZENhdGFsb2d592qv2Kywlf8caKqYROP5&pddocfullpath=%2Fshared%2Fdocument%2Fstatutes-legislation%2Furn%3AcontentItem%3A61P5-WSW1-DYDC-J3DK-00008-00&ecomp=vgf59kk&prid=795af9bc-93e9-4f88-ab91-06c1d395ab22) has the following for the definition of a firearm:

(1)(a) "Firearms" means a pistol, revolver, or other weapon of any description, loaded or unloaded, from which any shot, bullet, or other missile can be discharged, the length of the barrel of which, not including any revolving, detachable, or magazine breech, does not exceed twelve inches.

So my reading of this run-on sentence* tells me two things:

Anything with a barrel greater than twelve inches is not a firearm by Colorado law.
Suppressors are not firearms since they cannot discharge a bullet.

Could a lawyer out there tell me how Colorado sweeps rifles and shotguns into the definition of "firearm" given that they have barrels longer than twelve inches?

O2

* For which I would have received an "F" grade in elementary school for writing.

mb504
09-02-2022, 12:10
Don't worry... there is another definition over in C.R.S. 18-12-506 (https://advance.lexis.com/documentpage/?pdmfid=1000516&crid=aa643f1e-b0c3-4ce8-a216-0b7c026e8ac6&pdistocdocslideraccess=true&config=014FJAAyNGJkY2Y4Zi1mNjgyLTRkN2YtYmE4OS03NTY zNzYzOTg0OGEKAFBvZENhdGFsb2d592qv2Kywlf8caKqYROP5&pddocfullpath=%2Fshared%2Fdocument%2Fstatutes-legislation%2Furn%3AcontentItem%3A61P5-WSW1-DYDC-J3DY-00008-00&pdcomponentid=234177&pdtocnodeidentifier=AASAAXAAGAAH&ecomp=p3vckkk&prid=150c2824-ecfd-4a88-99b6-b3810c274291)


18-12-506. Definitions.
As used in this part 5, unless the context otherwise requires:
...
(2) “Firearm” means any handgun, automatic, revolver, pistol, rifle, shotgun, or other instrument or device capable or intended to be capable of discharging bullets, cartridges, or other explosive charges.

def90
09-02-2022, 12:13
Well, look through the rest of the definitions section, there are probably separate definitions for a long gun and a shotgun as well and they just chose the term firearm for a handgun. Also, when you read definitions like that they generally pertain to the statute that the definition is being referred to, not a broad definition that covers every statute on record. The 401 definition applies to the sale of firearms while the 506 definition applies to background checks at gunshows. You have to look at the definitions listed in the particular staute that you are interested in.

O2HeN2
09-02-2022, 12:27
Aaaaah, there we go. It's government, so I shouldn't have assumed that they would actually put the definitions in one place...

Thanks mb504, and +10 points for supplying a link.

A related issue, I don't see suppressors/silencers covered by either definition.

O2

Oscar77
09-03-2022, 08:27
The silencer definition might be in CRS 18-12-102...........

Clint45
09-07-2022, 19:50
It's semantics.

Different definition of "firearm" at the federal and state level.

The laws seem deliberately confusing and vague sometimes... especially in certain Northeastern states where they throw in an "of like kind" clause or fail to define words, leaving it open to arbitrary interpretation... then lawyers need to argue about what the word actually means.