18-11-205. Unlawful to display flag - exceptions.
Statute text
(1) Any person who displays any flag other than the flag of the United States of America or the state of Colorado or any of its subdivisions, agencies, or institutions on a permanent flagstaff located on a state, county, municipal, or other public building or on its grounds within this state commits a petty offense.
(2) (Deleted by amendment, L. 2007, p. 423, 1, effective August 3, 2007.)
(3) "Flag", as used in this section, means any flag, ensign, banner, standard, colors, or replica or representation thereof which is an official or commonly recognized symbol of a particular nation, state, movement, cause, or organization.
(4) (a) This section does not apply to:
(I) The display of the flag of the United Nations or the flag of a foreign nation displayed to identify persons officially representing such foreign nation or the property or premises of the person or nation;
(II) The display of an appropriate flag upon ceremonial or commemorative occasions proclaimed by the president of the United States, the governor of the state of Colorado, the board of county commissioners of any county, or the mayor or other chief executive officer of a city or town within this state;
(III) The display of the flag of any adjacent state with the flag of the state of Colorado at the ports of entry weigh stations, in recognition of the joint state port operation; or
(IV) (Deleted by amendment, L. 2007, p. 423, 1, effective August 3, 2007.)
(V) The display of a prisoners of war and missing in action flag or other appropriate veteran commemorative, United States or state armed forces, or military commemorative flag when displayed in accordance with 4 U.S.C. sec. 7;
(VI) The display of flags of foreign nations for special, occasional, ceremonial purposes when displayed in accordance with 4 U.S.C. sec. 7; or
(VII) The display of a flag for educational, cultural, or historical purposes with the prior permission of the chief administrative officer of the state, county, municipal, or other public building or grounds.
(b) This subsection (4) shall be an affirmative defense.
History
Source: L. 71: R&RE, p. 480, 1. C.R.S. 1963: 40-11-205. L. 73: p. 540, 11. L. 93: (4) amended, p. 39, 3, effective July 1. L. 2002: (4) amended, p. 317, 2, effective August 7. L. 2007: (1), (2), and (4)(a)(IV) amended and (4)(a)(V), (4)(a)(VI), and (4)(a)(VII) added, p. 423, 1, effective August 3. L. 2021: (1) amended, (SB 21-271), ch. 462, p. 3209, 343, effective March 1, 2022.
Annotations
Cross references: For affirmative defenses generally, see 18-1-407, 18-1-710, and 18-1-805; for requirement that the flag be displayed in certain state institutions, see 27-91-108.
Annotations
ANNOTATION
Annotations
Law reviews. For article, "Red Flags and the Flag", see 13 Rocky Mt. L. Rev. 47 (1940).
ARTICLE 12
OFFENSES RELATING TO FIREARMS
AND WEAPONS
Annotations
Editor's note: This title was repealed and reenacted in 1971. For historical information concerning the repeal and reenactment, see the editor's note following the title heading.
Section
PART 1 FIREARMS AND WEAPONS - GENERAL
18-12-101. Peace officer affirmative defense - definitions.
18-12-102. Possessing a dangerous or illegal weapon - affirmative defense - definition.
18-12-103. Possession of a defaced firearm.
18-12-103.5. Defaced firearms - contraband - destruction.
18-12-104. Defacing a firearm.
18-12-105. Unlawfully carrying a concealed weapon - unlawful possession of weapons.
18-12-105.1. Permits for concealed weapons - liability. (Repealed)
18-12-105.5. Unlawfully carrying a weapon - unlawful possession of weapons - school, college, or university grounds.
18-12-105.6. Limitation on local ordinances regarding firearms in private vehicles.
18-12-106. Prohibited use of weapons - definitions.
18-12-106.5. Use of stun guns.
18-12-107. Penalty for second offense.
18-12-107.5. Illegal discharge of a firearm - penalty.
18-12-108. Possession of weapons by previous offenders.
18-12-108.5. Possession of handguns by juveniles - prohibited - exceptions - penalty.
18-12-108.7. Unlawfully providing or permitting a juvenile to possess a handgun - penalty - unlawfully providing a firearm other than a handgun to a juvenile - penalty.
18-12-109. Possession, use, or removal of explosives or incendiary devices - possession of components thereof - chemical, biological, and nuclear weapons - persons exempt - hoaxes.
18-12-110. Forfeiture of firearms.
18-12-111. Unlawful purchase of firearms.
18-12-111.5. Unlawful conduct involving an unserialized firearm, frame, or receiver - exceptions - penalties - authority to serialize a firearm.
18-12-112. Private firearms transfers - sale and purchase - background check required - penalty - definitions.
18-12-112.5. Firearms transfers by licensed dealers - sale and purchase - background check required - penalty - definitions.
18-12-113. Failure to report a lost or stolen firearm - exception.
18-12-114. Secure firearm storage required - penalty - exceptions.
18-12-115. Waiting period for firearms sales - background check required - penalty - exceptions.
PART 2 PERMITS TO CARRY CONCEALED HANDGUNS
18-12-201. Legislative declaration.
18-12-202. Definitions.
18-12-203. Criteria for obtaining a permit.
18-12-204. Permit contents - validity - carrying requirements.
18-12-205. Sheriff - application - procedure - background check.
18-12-206. Sheriff - issuance or denial of permits - report.
18-12-207. Judicial review - permit denial - permit suspension - permit revocation.
18-12-208. Colorado bureau of investigation - duties.
18-12-209. Issuance by sheriffs of temporary emergency permits.
18-12-210. Maintenance of permit - address change - invalidity of permit.
18-12-211. Renewal of permits.
18-12-212. Exemption.
18-12-213. Reciprocity.
18-12-214. Authority granted by permit - carrying restrictions - local authority.
18-12-215. Immunity.
18-12-216. Permits issued prior to May 17, 2003. (Repealed)
PART 3 LARGE-CAPACITY AMMUNITION MAGAZINES
18-12-301. Definitions.
18-12-302. Large-capacity magazines prohibited - penalties - exceptions.
18-12-303. Identification markings for large-capacity magazines - rules.
PART 4 FIREARMS - DEALERS
18-12-401. Definitions.
18-12-402. Retail dealers - record - inspection.
18-12-403. Record - failure to make - penalty.
18-12-404. Jurisdiction - county courts.
18-12-405. Locking device required - penalty.
PART 5 BACKGROUND CHECKS - GUN SHOWS
18-12-501. Background checks at gun shows - penalty.
18-12-502. Records - penalty.
18-12-503. Fees imposed by licensed gun dealers.
18-12-504. Posted notice - penalty.
18-12-505. Exemption.
18-12-506. Definitions.
18-12-507. Appropriation.
18-12-508. Effective date.