Knives - once and for all. LEOs? Lawyers?

[chrisguy]

Hi all,

Topic: what is and is not legal for knife carry.

Yes, I did run a search about this, and this thread came closest to providing some kind of answers.

Yes, I've also looked at the Colorado Statutes, RMGO and more. Here are the CRS excerpts most often cited:

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

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;

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.

I have also seen someone here (recently, couldn't find that post though) claim that you can legally carry any blade (not switchblades/automatics/gravity knives obviously) concealed if the blade length is under that magic 3.5 inches.


I do realize that these laws are always subject to interpretation, and that in most cases it wouldn't be an issue unless something more obviously criminal had also happened, e.g. physical assault etc. Here are some of the questions I'm hoping to answer:

1. If you carry a swiss army knife or multi-tool type thing AND something with a larger single blade still under 3.5", concealed or not, are you asking for trouble since the former is more arguably a "tool"? Example: "You had the multi-tool on you belt and it has a blade of similar size, so why are you carrying another one?"

2. If you carry a knife that's well under the 3.5" limit purposefully concealed, like in/on a boot under your pant leg, on a neck chain, or in an IWB-type clip that's obscured by your shirt, are you breaking the law?

3. Is it true that a Colorado concealed carry permit doesn't cover knives at all? I've read that as an interpretation of the statutes many times, but am not aware of it being tested/confirmed in court.

4. Is a butterfly knife considered a gravity knife due to being opened/operated by "the application of centrifugal force"? Again have seen that as the interpretation, not sure of actual precedent. And either way, does the 3.5" rule apply to them?

5. Like I suspect many of you do, I typically have a one-hand, non-automatic opener with a blade under 3.5" clipped into a pocket. My preferred one has a "low profile" clip designed so that you really only see the end/top of the clip itself and the length of it that rides outside the pocket, not the body of the knife. I have another one that rides a bit higher, I guess you can more easily tell it's a knife. Am I potentially violating the law carrying the first one, e.g. if someone decided to make a claim like "oh that could easily be a clip on your keychain, I didn't know it was a knife"?

6. A knife with a blade under 3.5" seemingly doesn't qualify as a "Knife" as defined above. Accordingly, that claim about anything under that length being legal to carry - potentially even concealed - seems accurate... until you look at that part about "any other dangerous instrument capable of inflicting cutting, stabbing, or tearing wounds". Suddenly it sounds like a small pair of scissors or the leather punch/awl on your swiss army knife is a "Knife" since they can cut or stab, so, what... you're breaking the law if you have a swiss army knife in your pocket vs. a belt sheath? Anyone?

7. Ooh just remembered this one... Say you go camping in the mountains for a weekend. Not hunting, not fishing, just camping. No hunting or fishing gear on you. Can you carry a larger (over 3.5") fixed blade openly on your belt?


No I'm not accused of anything.

Just trying to learn what I can and equip myself with more knowledge on this issue. I know this comes up somewhat often, and I'm hoping this thread may be able to provide some definitive answers... could even end up a sticky...

Anyone have real answers? Are there real answers?

Thanks for reading!

[Irving]

I think if you are wearing something on your belt, it is considered open carry and length shouldn't be an issue.

[StagLefty]

This is a huge topic on blade forums all the time. I've questioned the CO knife law question several times and I'm still not entirely sure I understand the wording. I EDC a fixed blade concealed that's under 3.5" but I'm sure that may it questionable by a LEO if found. I hope someone on here can put to rest these questions. At least in some other states there's no question because carrying a concealed knife is illegal period. Let's see what the herd comes up with.

[StagLefty]

I think if you are wearing something on your belt, it is considered open carry and length shouldn't be an issue.

Length-It all depends if it's being carried for sport-camping or hunting. Usually not questioned. But everyday carry ? That's where it can be confusing.

[ChadAmberg]

Colorado CCW regulations specifically mention handgun. So there's no interpretation at all that says knives are allowed under CCW. And is also why rifles (of any type) cannot be legally concealed even when they can be physically concealed.

[jscwerve]

It is no longer CCW in colorado it is CHP (concealed handgun permit), therefore does not cover knives.

[chrisguy]

Sounds like StagLefty and I are on the same page here (and both left-handed!)... glad I'm not the only one confused by the laws at least!

Chad and jscwerve: I agree about CHP permits not covering knives, especially after the change from "CCW". Still wondering if this has been tested in court in the last 10 years...

I think if you are wearing something on your belt, it is considered open carry and length shouldn't be an issue.

Again, looking for real legal precedent to get answers. I too think that might be the case, but I'd rather know.

Keep it coming folks!

[Irving]

Length-It all depends if it's being carried for sport-camping or hunting. Usually not questioned. But everyday carry ? That's where it can be confusing.

I've heard stories of people carrying swords around (unsheathed).

Chrisguy, I know, I know. Sorry for not knowing. I've asked around before and no one I've talked to knows for sure.

[BlasterBob]

Here's a picture of my Spyderco POLICE model, equipped with about a 4 1/4 inch blade. I am now wondering if it's legal to carry it clipped on to the inside of the pocket as shown, where it can plainly be seen and should sure not be considered as "concealed".

[chrisguy]

Here's a picture of my Spyderco POLICE model, equipped with about a 4 1/4 inch blade. I am now wondering if it's legal to carry it clipped on to the inside of the pocket as shown, where it can plainly be seen and should sure not be considered as "concealed".

I'm with ya Bob... I'm not a lawyer or LEO, but with the 3.5-inch definition of a "Knife" above I'd also wonder if that blade is too long to carry period, concealed or not. Let's hope we can find some answers here.