DIVISION 2. WEAPONS AND MISSILES*

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*Cross references: Firearms by merchant, business or industrial guards or patrols, § 42-137; use of firearms by escort services, § 55-144.

State law references: Offenses relating to firearms and weapons, C.R.S.

1973, 18-12-101 et seq.

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Sec. 38-116. Nunchaku defined.

"Nunchaku," for the purposes of this division, means an instrument consisting of two (2) or more sticks, clubs, bars or rods to be used as handles, connected by a rope, cord, wire or chain, in the design of a weapon used in connection with the practice of a system of self-defense such as karate.

(Code 1950, § 802.18)

Cross references: Definitions and rules of construction generally, § 1-2.

Sec. 38-116.5. Reserved.

Editor's note: Ord. No. 1058-96, § 1, adopted Dec. 9, 1996, repealed section 38-116.5 in its entirety. Former section 38-116.5 pertained to concealed weapons--Permits, and derived from Ord. No. 336-80, § 1(845.1-5), adopted June 3, 1980; Ord. No. 602-80, § 1, adopted Nov. 24, 1980; Ord. No.

610-83, § 1, adopted Oct. 31, 1983; Ord. No. 379-86, § 1, adopted June 23, 1986.

Sec. 38-117. Dangerous or deadly weapons--Prohibitions.

(a) It shall be unlawful for any person, except a law enforcement officer in the performance of duty, to wear under their clothes, or concealed about their person any dangerous or deadly weapon, including, but not by way of limitation, any pistol, revolver, rifle, shotgun, machine gun, air gun, gas operated gun, spring gun, sling shot, blackjack, nunchaku, brass knuckles or artificial knuckles of any substance whatsoever, or any switchblade knife, gravity knife, or any knife having a blade greater than three and one-half (3 1/2) inches in length, or any explosive device, incendiary device or bomb, or other dangerous or deadly weapon.

(b) It shall be unlawful for any person, except a law enforcement officer in the performance of duty, to carry, use or wear any dangerous or deadly weapon, including, but not by way of limitation, any pistol, revolver, rifle, shotgun, machine gun, air gun, gas operated gun, spring gun, sling shot, blackjack, nunchaku, brass knuckles or artificial knuckles of any substance whatsoever, or switchblade knife, gravity knife, or any knife having a blade greater than three and one-half (3 1/2) inches in length, or anyexplosive device, incendiary device or bomb, or any other dangerous or deadly weapon.

(c) It shall be unlawful for any person, except a law enforcement officer in the performance of duty, to display in a threatening manner, or to flourish any dangerous or deadly weapon, including, but not by way of limitation, any pistol, revolver, rifle, shotgun, machine gun, air gun, gas operated gun, spring gun, sling shot, blackjack, nunchaku, brass knuckles or artificial knuckles of any substance whatsoever, or any switchblade knife, gravity knife, or any knife having a blade greater than three and one-half (3 1/2) inches in length, or any explosive device, incendiary device or bomb, or other dangerous or deadly weapon.

(d) In addition to any other penalty imposed by lawful authority, every person convicted of any violation of this section may be required to forfeit to the city such dangerous or deadly weapon so concealed or displayed.

(e) Nothing in this section shall be construed to forbid any peace officer as defined by law from carrying, wearing or using such weapons as shall be necessary in the proper discharge of the officer's duties.

(f) It shall not be an offense under 38-117(a) or 38-117(b) if:

(1) The person, at the time of carrying the concealed weapon, holds a valid written permit to carry a concealed weapon issued pursuant to section 18-12-105.1, C.R.S., prior to its repeal, or, if the weapon involved was a handgun, holds a valid permit or a temporary emergency permit to carry a concealed handgun issued pursuant to state law and is otherwise carrying the handgun in conformance with any applicable state or local law; or

(2) The person is carrying the weapon concealed within a private automobile or other private means of conveyance, for hunting or for lawful protection of such person's or another person's person or property, while travelling, and the weapon is not an explosive device, incendiary device, or a bomb. If the weapon is a firearm being transported for hunting, it shall be unloaded while being carried within the private automobile or other private means of conveyance.

(g) Any sentence imposed for violation of subsection (a) shall run consecutively and not concurrently with any sentence for any other offense, if the weapon involved was a pistol, revolver, rifle, shotgun, machine gun, air gun, gas operated gun, spring gun, explosive device, or incendiary device or bomb.

(h) Persons convicted of violating and persons pleading guilty or nolo contendere to violation of subsection (a) shall, in addition to any sentence of jail time, pay a fine of at least the following amount when the weapon involved was a pistol, revolver, rifle, shotgun, machine gun, air gun, gas operated gun, spring gun,explosive device, or incendiary device or bomb:

TABLE INSET:

First offense $500.00

Second offense within 5 years 750.00

Third and subsequent offenses 999.00

(Code 1950, § 845.1; Ord. No. 621-86, § 1, 9-22-86; Ord. No. 758-91, § 1, 10-21-91; Ord. No. 434-94, § 1, 6-27-94; Ord. No. 538-00, § 1, 7-3-00; Ord.

No. 469-04, § 1, 7-12-04; Ord. No. 38-07, § 1, 1-22-07) State law references: Unlawfully carrying a concealed weapon, C.R.S. 1973, 18-12-105.

Sec. 38-117.5. Permit to carry a concealed handgun.

The manager of safety or the manager's designee is authorized to issue permits for the carrying of concealed handguns in accordance with standards and procedures set forth in state law.

(Ord. No. 1058-96, § 1, 12-9-96; Ord. No. 469-04, § 2, 7-12-04)

Sec. 38-118. Same--Affirmative defenses.

(a) It shall be an affirmative defense to charges brought under section 38-117(a) or 38-117(b) that the weapon is or was carried by a person in his or her own dwelling, or place of business, or on property owned or under such person's control at the time of the act of carrying such weapon; or

(b) It shall be an affirmative defense to charges brought under section 38-117(b) that the weapon is or was carried by such person:

(1) In defense of home, person or property, when there is a direct and immediate threat thereto;

(2) In aid of the civil power when thereto legally summoned;

(3) For the legitimate sporting use of such weapons, including shooting matches or other target shooting, or trap or skeet shooting; all such weapons being so used shall be unloaded when carried or transported to or from such sporting use;

(4) When such person is a collector or licensed dealer displaying or transporting such weapon for display or sale, or a citizen transporting such weapon for purpose of sale or repair to or from a place of sale or repair; all firearms so displayed or transported shall be unloaded at all times;

(5) When such person is a member of the armed forces of a state or of the federal government when engaged in the lawful performance of duty; or

(6) While moving personal property, including such weapon, from an old residence to a new residence.

(c) It shall be an affirmative defense to charges brought under section 38-117(a) or 38-117(b) that a knife is a household knife, and there is reasonable ground for a person having and carrying the knife away from a household.

(Code 1950, § 845.2; Ord. No. 758-91, § 2, 10-21-91; Ord. No. 387-92, § 1, 6-22-92; Ord. No. 469-04, § 3, 7-12-04; Ord. No. 38-07, § 2, 1-22-07)

Sec. 38-118.5. Reserved.

Editor's note: Ord. No. 38-07, § 3, adopted Jan. 22, 2007, repealed section

38-118.5 in its entirety. Former section 38-118.5 pertained to the prohibition of firearms in city buildings and other specific locations where posted, and derived from Ord. No. 520-03, § 1, adopted June 30, 2003.

Sec. 38-119. Certain knives unlawful.

(a) It shall be unlawful for any person to sell, display, use, possess, carry or transport any knife or instrument having the appearance of a pocket knife, the blade of which can be opened by a flick of a button, pressure on the handle, or other mechanical contrivance.

(b) Any such knife is hereby declared to be a dangerous or deadly weapon within the meaning of section 38-117.

(c) In addition to any other penalty imposed by lawful authority, every person convicted of any violation of this section shall be required to forfeit any such knife to the city.

(Code 1950, § 845.3)

State law references: Possessing an illegal weapon, C.R.S. 1973, 18-12-102.

Sec. 38-120. Disposition of confiscated weapons.

(a) It shall be the duty of every police officer, upon making any arrest and taking any weapon from the offender, to deliver the same to the custody of the chief of police, or a duly authorized agent, to be held by the same until the final determination of the prosecution for the offense; upon the finding of guilt, a court may order forfeiture of such weapon or instrument, and shall so order when such weapon is an unlawful knife as provided in section 38-119.

(b) Any such weapon or instrument so forfeited shall remain in the custody of the chief of police, or a duly authorized agent, until such weapon or instrument is destroyed.

(c) The chief of police, or a duly authorized agent, shall, on January thirty-first of each year, account to the presiding judge of the county court for all weapons or instruments confiscated and ordered forfeited during the previous year; and the presiding judge shall order all weapons or instruments so confiscated and ordered forfeited to be destroyed, and shall certify that the weapons or instruments are destroyed.

(Code 1950, § 845.4)

Cross references: Lost and confiscated property, § 42-76 et seq.

Sec. 38-121. Firing or discharging dangerous or deadly weapons.

It shall be unlawful for any person, except a law enforcement officer in the performance of duty, to fire or discharge a revolver or pistol of any description, machine gun, shotgun or rifle which may be used for the explosion of cartridges, or any air gun, gas operated gun, spring gun, or any instrument, toy or weapon commonly known as a "peashooter," "slingshot" or "beany," or any bow made for the purpose of throwing or projecting missiles of any kind by any means whatsoever, whether such instrument is called by name set forth herein or by any other name; provided that nothing in this section contained shall prevent the use of any such instruments in shooting galleries or in any private grounds or residence under circumstances when such instrument can be fired, discharged or operated in such a manner as not to endanger persons or property, and also in such a manner as to prevent the projectile from traversing any grounds or space outside the limits of such gallery, grounds or residence.

(Code 1950, § 845.5; Ord. No. 621-86, § 1, 9-22-86)

Sec. 38-122. Regulations pertaining to the sale of certain weapons.

It shall be unlawful for any person who is a secondhand dealer, pawnbroker or who is engaged in the wholesale or retail sale, rental or exchange of any of the following weapons to display or place on exhibition, in any show window, or other window facing upon any street: any pistol, revolver, machine gun, any firearm with barrel less than twelve (12) inches in length, or nunchaku, or any artificial knuckles of any substance whatsoever, or any blackjack, switchblade knife, gravity knife or firearm silencer.

(Code 1950, § 845.6; Ord. No. 621-86, § 1, 9-22-86; Ord. No. 38-07, § 4, 1-22-07)

Sec. 38-123. Identification and records concerning sales, etc.

(a) Every person who sells, rents or exchanges at retail any weapon designated in sections 38-117 or 38-122 shall require the vendee, lessee or person with whom such exchange is made to furnish more than one (1) type of identification before such sale, rental or exchange is consummated.

(b) Every person engaged in the sale, rental or exchange at retail of any weapon designated in sections 38-117 or 38-122 shall keep a record of each such weapon so sold, rented or exchanged at retail and of the vendee or lessee thereof, or person with whom such exchange is made; said record shall at all times be open to inspection by the manager of safety or a duly authorized agent, or by any police officer of the city and shall be made at the time of each such transaction in a book kept for that purpose, and shall include:

(1) The name of the person to whom such weapon is sold or rented, or with whom it is exchanged;

(2) The age of such person;

(3) The occupation of such person;

(4) The residence and, if residing in a city, the street and street number of the residence of such person;

(5) The make, caliber if any, and finish of the weapon so sold, rented or exchanged, and the number or serial number thereof, if any;

(6) The date of the sale, rental or exchange of such weapon;

(7) The name of the employee or other person making such sale, rental or exchange of such weapon; and

(8) A description of each of the types of identification furnished by the vendee, lessee or person with whom such exchange is made, together with any serial numbers or other distinctive features noted in or appearing on each such type of identification so furnished.

(c) It shall be unlawful for any person who purchases, rents or exchanges any weapon designated in sections 38-117 or 38-122 to give a false or fictitious name, or any other false, fraudulent or incorrect information to the person from whom such weapon is purchased, or rented, or with whom such weapon is exchanged at the time such purchase, rental or exchange is made.

(Code 1950, § 845.7)

Sec. 38-124. Unlawful to sell weapons to intoxicated persons or minors.

(a) It shall be unlawful for any person to sell, loan or furnish any instrument or weapon designated in sections 38-117 or 38-122 to any person under the influence of alcohol or any narcotic drug, stimulant or depressant or to any person in a condition of agitation and excitability.

(b) Such unlawful sale, loan or furnishing shall be grounds for revocation of any license issued by the city to such person.

(Code 1950, § 845.8; Ord. No. 38-07, § 5, 1-22-07)

Sec. 38-125. Reserved.

Editor's note: Ord. No. 469-04, § 4, adopted July 12, 2004, repealed section 38-125 in its entirety. Former section 38-125 pertained to reports of sales to manager of safety, and derived from the Code of 1950, § 845.9.

Sec. 38-126. Incendiary or explosive device.

(a) For the purposes of this section, an incendiary or explosive device shall include, but not by way of limitation, any device consisting in whole or in part of flammable material or other material having the capability of exploding, igniting or burning.

(b) It shall be unlawful for any person to throw, place or cause to be placed any incendiary or explosive device for the purpose of causing injury to any person, or damage to property.

(c) It shall be unlawful for any person to prepare or to assist in the preparation of an incendiary or explosive device; to possess, handle, store, transport or sell any such device, knowing the same is to be thrown, placed or caused to be placed for the purpose of causing injury to any person, or damage to property.

(d) Except as otherwise permitted by law, it shall be unlawful for any person to possess on their person, in any motor vehicle, or in any structure, an incendiary or explosive device.

(Code 1950, § 845.10)

Sec. 38-127. Throwing stones or missiles.

It shall be unlawful for any person to throw any stone or other missile upon or at any vehicle, building, tree or other public or private property, or upon or at any person in any public way or place which is public in nature, or on enclosed or unenclosed ground.

(Code 1950, § 845.11)

Sec. 38-128. Placing objects on window sills.

(a) It shall be unlawful for any person to place any bottle, pitcher, vessel, utensil, article or thing whatsoever upon the window sill of any building where such window and window sill are upon the side of such building immediately abutting or fronting upon the sidewalk of any public street, unless the window sill is guarded or protected by a wire screen or suitable device to prevent any article placed thereon from falling off such window sill.

(b) It shall be unlawful for any person to put upon, keep or maintain any barb, barbed wire, sharpened nails or any other pointed or sharpened thing, upon any fence, cellar guard or window guard that may front upon or that may be erected or constructed upon any street, avenue, lane, alley, building or sidewalk, so that the same shall project or extend beyond the surface of the wood or other material of which the fence, cellar guard or window guard may be constructed.

(Code 1950, § 845.12)

Sec. 38-129. Air, gas or spring operated guns.

(a) It shall be unlawful for any minor to buy, carry on their person or discharge any air gun, gas operated gun or spring gun discharging metal pellets or BB shot.

(b) It shall be unlawful for any person to sell any air gun, gas operated gun or spring gun discharging metal pellets or BB shot, to any minor.

(c) It shall be unlawful for the parent, guardian or other person having legal control or custody of any minor to allow the minor to carry on their person, or to discharge any air gun, gas operated gun or spring gun discharging metal pellets or BB shot.

(d) Nothing in this section shall prevent any person from carrying or discharging any air gun, gas operated gun or spring gun discharging metal pellets or BB shot, in any shooting gallery or on any private grounds or residence under circumstances which such instruments can be carried, discharged or operated in such a manner as not to endanger persons or property, and also in such a manner as to prevent a projectile discharged from any of such instruments from traversing any grounds or space outside the limits of such gallery, grounds or residence.

(Code 1950, § 845.13)

Sec. 38-130. Assault weapons.

(a) Legislative intent. The city council hereby finds and declares that the use of assault weapons poses a threat to the health, safety and security of all citizens of the City and County of Denver. Further, the council finds that assault weapons are capable both of a rapid rate of fire as well as of a capacity to fire an inordinately large number of rounds without reloading and are designed primarily for military or antipersonnel use. The city council finds that law enforcement agencies report increased use of assault weapons for criminal activities. This has resulted in a record number of related homicides and injuries to citizens and law enforcement officers. It is, therefore, the intent of the city council to place reasonable and necessary restrictions on the sale and possession of assault weapons while placing no restrictions on the right of citizens to use weapons which are primarily designed and intended for hunting, target practice and other legitimate sports or recreational activities and the protection of home, person and property.

(b) Definitions. The following words and phrases, when used in this section, shall have these meanings respectively ascribed to them:

(1) Assault weapon shall include all firearms with any of the following characteristics:

a. All semiautomatic action, centerfire rifles with a detachable magazine with a capacity of twenty-one (21) or more rounds.

b. All semiautomatic shotguns with a folding stock or a magazine capacity of more than six (6) rounds or both.

c. Reserved.

d. Any firearm which has been modified to be operable as an assault weapon as defined herein.

e. Any part or combination of parts designed or intended to convert a firearm into an assault weapon, including a detachable magazine with a capacity of twenty-one (21) or more rounds, or any combination of parts from which an assault weapon may be readily assembled if those parts are in the possession or under the control of the same person.

(2) Fixed cartridge shall mean that self-contained unit consisting of the case, primer, propellant charge and projectile or projectiles.

(3) Magazine shall mean a box, drum or other container which holds and feeds ammunition into a semiautomatic rifle, shotgun or pistol.

(4) Pistol shall mean a weapon originally designed, made and intended to fire a projectile (bullet) from one (1) or more barrels when held in one (1) hand and having:

a. A chamber as an integral part of or permanently aligned with the bore or having a breech-loading chambered cylinder so arranged that the cocking of the hammer or movement of the trigger rotates it and brings the next cartridge in line with the barrel for firing; and

b. A short stock designed to be gripped by one (1) hand and at an angle to and extending below the line of the bore(s).

(5) Rifle shall mean a weapon designed or redesigned, made or remade and intended to be fired from the shoulder or hip and designed or redesigned or made or remade to use the energy of the explosive in a fixed cartridge to fire only a single projectile through a rifled bore for each single pull of the trigger and shall include any such weapon which may be readily restored to fire a fixed cartridge.

(6) Semiautomatic shall mean a weapon which fires a single projectile for each single pull of the trigger which automatically chambers the next round for firing and which employs a magazine.

(7) Shotgun shall mean a weapon designed or redesigned, made or remade and intended to be fired from the shoulder or hip and designed or redesigned and made or remade to use the energy of the explosive in a fixed shotgun shell to fire through a smooth bore either a number of projectiles (ball shot) or a single projectile for each pull of the trigger and shall include any such weapon which may be readily restored to fire a fixed shotgun shell.

(c) Specific weapons not included. As used in this section, assault weapon does not include any of the following:

(1) All weapons that do not use fixed cartridges, all weapons that were in production prior to 1898, all manually operated bolt-action weapons, all lever-action weapons, all slide-action weapons, all single-shot weapons, all multiple-barrel weapons, all revolving-cylinder weapons, all semiautomatic weapons for which there is no fixed magazine with capacity of twenty-one

(21) or more rounds available, all semiautomatic weapons that use exclusively en bloc clips, all semiautomatic weapons in production prior to 1954 and all rimfire weapons that employ a tubular magazine.

(2) Any firearm that uses .22 caliber rimfire ammunition.

(3) Any assault weapon which has been modified either to render it permanently inoperable or to permanently make it a device no longer defined as an assault weapon.

(d) Supplemental provisions. Except as specifically stated herein, the provisions of this section are independent of and supplemental to any other provisions of law, and nothing shall prevent a device defined as an assault weapon in this section from also being regulated under other provisions of law.

(e) Possession of assault weapons unlawful. It shall be unlawful to carry, store, keep, manufacture, sell or otherwise possess within the City and County of Denver a weapon or weapons defined herein as assault weapons, except that this subdivision shall not apply to:

(1) Any federal, state or local government agency or to any sworn members of said agencies acting within their official capacities.

(2) Any assault weapon which is being used as a movie prop for any motion picture or television program which is being filmed in whole or in part within the City and County of Denver if, prior to such use, the police department is notified in advance in writing of the date, time, location, production schedule and days upon which such use shall take place and the type and serial numbers of the firearms.

(3) It shall be an affirmative defense to charges brought under this section that the transportation of an assault weapon:

(a) Is through the city by a nonresident who is in legal possession of an assault weapon; or

(b) Is by a person carrying a permit issued under subsection (f) and the transportation is for one (1) of the following purposes:

i. In aid of the civil power when thereto legally summoned;

ii. To a bona fide hunting trip for wild game, or to a legitimate sporting use of such weapon, including shooting matches or target trap or skeet shooting. All weapons carried for such purposes shall be unloaded;

iii. While transporting such weapon to or from a place for sale outside the city or for repair. All weapons carried for such purposes shall be unloaded at all times;

iv. As a member of the armed forces of a state or of the federal government while engaged in the lawful performance of duty;

v. In conjunction with moving personal property, including such weapon, from an old residence to a new residence. All weapons carried for such purposes shall be unloaded at all times.

(f) Conditional exception. Any person over the age of twenty-one (21) years who obtained an assault weapon legally prior to the effective date of this section may obtain a permit to keep, store and possess said assault weapon if:

(1) Said weapon is properly identifiable and contains its original serial number.

(2) An application for a permit for each assault weapon is filed with the police department within sixty (60) days of the effective date of this section pursuant to such procedures as the department may establish. The application shall contain a description of the firearm that identifies it uniquely, including all identification marks and numbers, the full name, address, date of birth and fingerprints of the owner and the address where such assault weapon will be stored and such other information as the department may deem appropriate. The place of storage and possession shall not be changed without notification to the department of the proposed change in location and when said weapon will be transported. The department may charge a fee for registration not to exceed the actual processing costs of the department.

(3) The department shall issue a permit which shall identify the weapon and where it is to be stored.

(4) The information required for the registration and permitting of assault weapons shall be treated as confidential and shall not be made available to members of the general public. The council finds that the release of such information would constitute an unwarranted invasion of personal privacy and could endanger the life or safety of persons at the premises where an assault weapon is located. The information on a permit application shall be used by the city only for law enforcement purposes.

(g) Sale or transfer unlawful. It is unlawful to sell or transfer possession of an assault weapon possessed pursuant to subsection (f) within the City and County of Denver.

(h) Reserved.

(i) Specific magazine prohibited. It shall be unlawful to carry, store or otherwise possess a magazine which will hold or may be modified to hold twenty-one (21) or more rounds.

(j) Penalty. Any person, firm or corporation who is convicted of violating any provision of this section shall be punished by a fine of not less than one hundred dollars ($100.00) or more than nine hundred ninety-nine dollars ($999.00) and a term of incarceration of not less than ten (10) days nor more than one hundred eighty (180) days.

(k) Violation; disposition. Upon a conviction of violating any provision of this section, the weapon shall be confiscated and destroyed under section 38-120, disposition of confiscated weapons.

(Ord. No. 669-89, § 1, 11-6-89; Ord. No. 719-89, § 1, 11-27-89; Ord. No. 1058-96, § 2, 12-9-96; Ord. No. 38-07, § 6, 1-22-07)

Sec. 38-131. Unlawful storage of firearms.

(a) As used in this section, the following definitions shall apply:

(1) Firearm means a pistol, revolver, rifle, shotgun, machine gun, air gun, gas operated gun, or spring gun.

(2) Locked container means a secure container which is enclosed on all sides and locked by a padlock, key lock, combination lock or similar device.

(3) Locking device means a device which temporarily prevents the firearm from functioning.

(4) Minor means a person who has not reached his or her eighteenth birthday.

(b) It shall be unlawful for any person to store, control or possess any firearm within or upon any premises of which that person has an ownership interest, custody or control, in such a manner that that person knows, or should know, that a minor is likely to gain possession of the firearm and in the event that the minor does, in fact, obtain possession of the firearm.

(c) Subsection (b) shall not apply whenever any of the following occurs:

(1) The minor obtains the firearm as a result of an illegal entry to the premises.

(2) The firearm is kept in a locked container, access to which is not available to a minor.

(3) The firearm is equipped with, and has in place, a locking device, the means of removal of which is not available to a minor.

(4) The minor obtains the firearm in a lawful act of self-defense, or defense of the minor's home or property.

(5) The minor obtains the firearm during the course of, or incidental to, being legally summoned to the aid of a Colorado peace officer or a member of the United States armed forces or the Colorado National Guard in the performance of their duties.

(Ord. No. 537-93, § 1, 7-12-93)