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18-12-106. Prohibited use of weapons - definitions.


(1) [Editors note: This version of this section is effective March 1, 2022.] A person commits a class 1 misdemeanor if:

(a) He knowingly and unlawfully aims a firearm at another person; or

(b) Recklessly or with criminal negligence he discharges a firearm or shoots a bow and arrow; or

(c) He knowingly sets a loaded gun, trap, or device designed to cause an explosion upon being tripped or approached, and leaves it unattended by a competent person immediately present; or

(d) The person has in his or her possession a firearm while the person is under the influence of intoxicating liquor or of a controlled substance, as defined in section 18-18-102 (5). Possession of a permit issued under section 18-12-105.1, as it existed prior to its repeal, or possession of a permit or a temporary emergency permit issued pursuant to part 2 of this article is no defense to a violation of this subsection (1).


(2) (a) A person commits a class 2 misdemeanor if the person knowingly aims, swings, or throws a throwing star or nunchaku as defined in this subsection (2)(b) at another person, or the person knowingly possesses a throwing star or nunchaku in a public place except for the purpose of presenting an authorized public demonstration or exhibition or pursuant to instruction in conjunction with an organized school or class. When transporting throwing stars or nunchaku for a public demonstration or exhibition or for a school or class, they shall be transported in a closed, nonaccessible container.

(b) For purposes of this subsection (2), nunchaku means an instrument consisting of two sticks, clubs, bars, or rods to be used as handles, connected by a rope, cord, wire, or chain, which is in the design of a weapon used in connection with the practice of a system of self-defense, and throwing star means a disk having sharp radiating points or any disk-shaped bladed object which is hand-held and thrown and which is in the design of a weapon used in connection with the practice of a system of self-defense.


Source: L. 71: R&RE, p. 482, 1.C.R.S. 1963: 40-12-106. L. 77: (1)(a) and (1)(c) amended, p. 971, 63, effective July 1. L. 81: (1)(d) amended, p. 738, 25, effective July 1. L. 82: (1)(d) amended, p. 623, 18, effective April 2. L. 84: (1)(e) added, p. 539, 17, effective July 1. L. 2003: (1)(d) amended, p. 649, 5, effective May 17. L. 2012: (1)(d) amended,(HB 12-1311), ch. 281, p. 1620, 48, effective July 1. L. 2021: Entire section amended,(SB 21-271), ch. 462, p. 3209, 345, effective March 1, 2022.