Knife Laws?

[Meateater]

I have a CCW issued from Boulder County. I have been told that this is strictly a concealed HANDGUN permit and that carrying any concealed knife (other than a folder less than 3.5" blade) is not legal. Does anyone know the official CO State Law position on this or where I should look to find out for sure?

[opie011]

Digging up an old one here:

What exactly are the laws pertaing to a knife(folder) larger than 3.5" when carried by someone who has their CCW?

[Bailey Guns]

"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.

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

<snip>

(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.

Prior to the new concealed carry law (2003) your concealed weapons permit might cover a knife or other weapon carried on/about your person. It doesn't any longer. The provisions for carrying a "weapon" such as a knife in your car for protection still cover you IMO, and if you're on private property such as your own property or premises (ie: a business) you should be OK, too.
Check with an attorney to be sure, though.

[Irving]

Thanks for bringing this up Opie. I've got a knife with a 5" blade in my car. It stays in its sheath in between the driver seat and center console. I usually forget about it, but I'm sure an officer with a quick eye would see the handle while talking to me, so I need to remember that and make them aware of it so as to not spook them. Or maybe just move it.

[opie011]

Thanks for the info Bailey Guns. I've been told both, that's it is legal and illegal to carry a knife longer than 3.5" with a CCW. Guess I will stop carrying my new knife and just keep it in the truck.

[Irving]

You just have to open carry it.

[rl45acp]

I am finding this VERY interesting. I have a good buddy that wants to get into guns, but is not sure if he can pass the background check.

When he was 18, he got pulled over for some minor traffic violation (speeding, failure to signal, something like that). The officer asked if he could search the car, not having anything to hide, my buddy said "Sure". Well the officer found a machette under the drivers seat. Long story short, they charged him with a felony. He is now 30 years of age, and quite responsible. I wonder if he could not get that charge expunged (sp) if he does not pass the FFL background check.

I'll have to probe him for more information on this, maybe even get his butt down to the pawn shop and have him pretend to buy a gun just to do the background check.

Thanks

[Irving]

How is having a machete in your car a felony? How are you supposed to get it home from the store or to the camp site?

[Bailey Guns]

Where did this happen, rl45acp? What he was charged with won't be nearly as important as what he was either convicted of or plead guilty to.

Also, I can't find a definition for the word "travelling" in the CRS. That could be a sticky point.

[TFOGGER]

I am finding this VERY interesting. I have a good buddy that wants to get into guns, but is not sure if he can pass the background check.

When he was 18, he got pulled over for some minor traffic violation (speeding, failure to signal, something like that). The officer asked if he could search the car, not having anything to hide, my buddy said "Sure". Well the officer found a machette under the drivers seat. Long story short, they charged him with a felony. He is now 30 years of age, and quite responsible. I wonder if he could not get that charge expunged (sp) if he does not pass the FFL background check.

I'll have to probe him for more information on this, maybe even get his butt down to the pawn shop and have him pretend to buy a gun just to do the background check.

Thanks
Being arrested for a felony doesn't DQ you from owning a firearm, but a conviction will (felony, misdemeanor that carries a potential sentence of more than one year, or domestic violence). Arrest records can trip you up on a CBI NICS check, as the arresting agency isn't required to send a resolution statement to CBI unless you are convicted. If a person is acquitted, or pleads to a lesser charge from one of the above crimes, they need to make sure that the arresting agency sends a statement of resolution to CBI to avoid false denials of the NICS check.

[StagLefty]

I've never been able to decipher this law. I EDC an RC3 (fixed blade)- blade is just under 3.5" and it's usually under a jacket or pullover this time of year. So according to the law under 3.5 it's not considered a knife or is it one of those laws that would be discretion of LEO ? Any help is appreciated. [Beer]

[rl45acp]

Unfourtunetly, I think he was just a scared kid at the time. It was over 12 years ago. I don't know what the actual charge was, or if he pleaded to a lesser charge. Next time he comes over I'll poke a stick at him, although I don't think he likes to talk about it too much. I belive that the officer trumped up the charges just to get "another wepon off the streets".

Stuart: I agree with you. I have a 14" survival knife in my "Swiss Army Truck" all the time. Along with a tarp, MRE's, blankets, everything I'd need if I were stuck in the mountians for 3 to 7 days depending on available game.

Bailey: I am thinking it was in Devner city limits.

TFogger: Once again, I don't know what or how or anything about the actual conviction or plea deal.

At some point I am going to take him to a gun shop to "buy" a nice little 22 and see how the check goes.

P.S. I hope I didn't hijack this thread too bad. Thanks.

[Eow]

The officer asked if he could search the car, not having anything to hide, my buddy said "Sure".

If there is one lesson here, it is to never, ever consent to a police search of you, your car, your house, or anything else. Why would you voluntarily give up your fourth amendment rights? No possible good can come from it.

The cop wouldn't ask to search you if he didn't suspect you of a crime. His sole motivation in searching you is to find something that will allow him to arrest you. He doesn't have probable cause to justify a legal search, so his only recourse is to sweet talk you into letting him do it.

Make him get a warrant, make him convince a judge that he needs to do the search. Never give an inch on your constitutional rights. Our forefathers fought and died for them. Don't bend over and spread your cheeks just because some police officer suggests it.

[alan0269]

At some point I am going to take him to a gun shop to "buy" a nice little 22 and see how the check goes.



I'd be careful doing that. It's a felony to lie on a 4473. I don't know if not being sure what the conviction was would fall under this or not, but I don't think that I would risk it if I was in his situation. I know that he can do a background check through CBI online for somewhere around $7-8 and see what it comes up with. Just my $.02