Automatic knives?

[odyssey731]

Hey guys, I just became a Colorado resident. Came from Arizona where I have been carrying my Benchmade AFO II everyday for a while now. Just wondering if automatic knives are frowned upon in CO? Also does if change the fact if I purchased the knife as an AZ resident? Thanks for the info if anyone is looking for a good knife I recommend the AFO II!

[StagLefty]

To the best of my knowledge you can own it but not carry it. I understand that makes no sense but I believe that's the way it is.

[TFOGGER]

Assisted opening knives are a gray area. Switchblades and fully automatic stilettos are clearly illegal under state law.


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.

[odyssey731]

Well the thing that confuses me is the style of knife I carry is a push button automatic side folding knife, unlike the stiletto automatic that comes out topside which i know are a no go. I'll keep doin the research but if anyone knows for sure please let me know! Thanks again

[OneGuy67]

Well the thing that confuses me is the style of knife I carry is a push button automatic side folding knife, unlike the stiletto automatic that comes out topside which i know are a no go. I'll keep doin the research but if anyone knows for sure please let me know! Thanks again
TFogger answered your question and provided the state statute.

[mtnrider]

if anyone is looking for a good knife I recommend the AFO II!

That AFO is way too big to carry in your pocket! The 9100sbk auto stryker is much better :-)


/

[odyssey731]

TFogger answered your question and provided the state statute.

Yeah, i posted my reply before I expanded my webpage my mistake.

[odyssey731]

That AFO is way too big to carry in your pocket! The 9100sbk auto stryker is much better :-)


/

After carrying the AFO for a few days you don't even notice its there. Plus, the sbk is uglier than sin.[Gas2]

[rtr]

So will Terry Maketa issue me a permit to carry an OTF auto knife?

[rtr]

So will Terry Maketa issue me a permit to carry an OTF auto knife?

CCW folks at EPSO said they don't issue permits for knives and that I should ask a patrol sergeant, so I left a message for one.

[mtnrider]

keep us posted on what you find out

[Jrk2262]

I carry a Zero Tolerance assisted opener that is right at the 3.5" limit. Of course, if we all started emailing our legislators at the state level then we might get something moving. You all know this, but worth mentioning, it is ludicrous that we are allowed to carry a 3.5" manual or assisted opener but not an auto. The blades are equally sharp and can deploy just about at the same speed. It makes no sense to make autos illegal. It does not give any person a clear advantage in a fight or while committing a crime or even while legally defending one's self...or at opening those pesky boxes.

So then why do I want one you ask...because it is fun. I am willing to spend at least $250 on a quality OTF so I can sit there watching my favorite TV show drinking a Mountain Dew and snapping that OTF in and out. Fun, fun, fun...and good for the economy.

[raz-n-co]

Assisted opening knives are a gray area. Switchblades and fully automatic stilettos are clearly illegal under state law.

I have a friend that is trying to sell a benchmade infidel otf.

Is it legal to sell?

[TFOGGER]

I have a friend that is trying to sell a benchmade infidel otf.

Is it legal to sell?

If it opens with the push of a button, under CRS 18-12-102, it would only be legal to sell to a sworn LEO, or a member of the Armed forces. Technically, possession by anyone not falling into the above categories is a Class 1 misdemeanor.

from the definitions section:
(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.



TITLE 18. CRIMINAL CODE
ARTICLE 12. OFFENSES RELATING TO FIREARMS AND WEAPONS
PART 1. FIREARMS AND WEAPONS - GENERAL
C.R.S. 18-12-102 (2012)
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.

[RJLou]

But if you keep reading....



- 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
(b) Carries a firearm concealed on or about his or her person; or
(c) Without legal authority, carries, brings, or has in such person's possession a firearm or any explosive, incendiary, or other dangerous device on the property of or within any building in which the chambers, galleries, or offices of the general assembly, or either house thereof, are located, or in which a legislative hearing or meeting is being or is to be conducted, or in which the official office of any member, officer, or employee of the general assembly is located.
(d) (Deleted 1993.)
(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, at the time of carrying a concealed weapon, held a valid written permit to carry a concealed weapon issued pursuant to section 18-12-105.1, as it existed prior to its repeal, or, if the weapon involved was a handgun, held a valid permit to carry a concealed handgun or a temporary emergency permit issued pursuant to part 2 of this article; except that it shall be an offense under this section if the person was carrying a concealed handgun in violation of the provisions of section 18-12-214; or
(d) A peace officer, as described in section 16-2.5-101, C.R.S., when carrying a weapon in conformance with the policy of the employing agency as provided in section 16-2.5-101 (2), C.R.S.; or
(e) (Deleted 2003.)
(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.

I also cannot find anything on laws regarding private party sales

[TFOGGER]

But if you keep reading....



I also cannot find anything on laws regarding private party sales

This section covers weapons that are not classified as "illegal". Nothing in the section you quoted would contradict that classification, it merely allows for the possession of otherwise legal knives or firearms in one's home, business, or vehicle.

[mtnrider]

I am curious to the exact meaning of this...


(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.

So what if your a reservist? Or even active duty military but just out and about on the weekend dressed as a civilian? Would this be considered "acting in the lawful discharge of his duties"?

.

[OneGuy67]

I am curious to the exact meaning of this...



So what if your a reservist? Or even active duty military but just out and about on the weekend dressed as a civilian? Would this be considered "acting in the lawful discharge of his duties"?

.



No.

[TheBelly]

I carry either my Gerber 06 Auto or my Benchmade 9100 while in uniform for garrison things like opening letters and just general tom-foolery.

I carry a CRKT Edgie in civilian clothes.

[SA Friday]

All my autos went into the safe when I retired.

[Adawg38]

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.- 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.



So correct me if I am wrong here but understanding the definition of Gravity Knife even most knives owned and carried today that are not auto are also illegal for non military or LE. Am I reading this correct? What I am understanding as a Gravity Knife would be pocket knives with a pocket clip that uses your thumb to flip open whether it is assisted or manual.

[brutal]

All my autos went into the safe when I retired.
Mine went in the safe after I had an epiphany. It was also the same day I got my CHP. :D

[OneGuy67]

So correct me if I am wrong here but understanding the definition of Gravity Knife even most knives owned and carried today that are not auto are also illegal for non military or LE. Am I reading this correct? What I am understanding as a Gravity Knife would be pocket knives with a pocket clip that uses your thumb to flip open whether it is assisted or manual.

Gravity knives were popular back in the '40s and issued during WWII to some airborned units. It is a knife that you would hold by the handle end downward and with a push of a button, the blade would slide out and lock into place by gravity. You could use the knife with one hand to cut yourself out of your parachute if necessary. Here is a pretty good Youtube video on them:

http://www.youtube.com/watch?v=RZjXuiC8t1E

[bimmer]

auto OTF knives are LEGAL to own, LEGAL, to use, but ILLEGAL to carry. i just bought a microtech OTF knive from a knife store in CO.

[soldier-of-the-apocalypse]

I don't get the allure of a auto knife there are so many laser fast knives out there that are legal and probly faster. I guarantee I can beat any auto knife as far as deployment speed from the pocket with my emerson commander with the "wave" and its legal. Auto knives were created before all the tactical knife features we have today and in my opinion they are outdated and not worth the risk

[Kmanbay]

But if you keep reading....



I also cannot find anything on laws regarding private party sales

This statute deals with where you are carrying not what you are carrying. The weapon which is considered illegal are still covered by 18-12-102.

[hatidua]

I guarantee I can beat any auto knife as far as deployment speed from the pocket with my emerson commander with the "wave" and its legal.

Indeed. For speed, I can't see anything being as fast at the wave:

http://www.youtube.com/watch?v=o4mtyJ757ZM

[brutal]

Fast, yes.

Fastest? Maybe.

I won't carry anything I can't deploy tip-up and off-hand as it clears the pocket. The one flaw I see with that vid is the tip down knife he's comparing.