Section 18-12-102 - Possessing a dangerous or illegal weapon - affirmative defense - definition(1) As used in this section, the term "dangerous weapon" means a firearm silencer, machine gun, machine gun conversion device, short shotgun, or short rifle.(2) As used in this section, the term "illegal weapon" means a blackjack, gas gun, ballistic knife, or metallic knuckles.(3) A person who knowingly possesses a dangerous weapon commits a class 5 felony.(4) A person who knowingly possesses an illegal weapon commits a class 1 misdemeanor.(5) It shall be an affirmative defense to the charge of possessing a dangerous weapon, or to the charge of possessing an illegal weapon, that the person so accused was a peace officer or member of the armed forces of the United States or Colorado National Guard acting in the lawful discharge of his duties, or that said person has a valid permit and license for possession of such weapon.Amended by 2023 Ch. 298,§ 45, eff. 10/1/2023.Amended by 2023 Ch. 311,§ 6, eff. 6/2/2023.Amended by 2017 Ch. 74, § 2, eff. 8/9/2017.L. 71: R&RE, p. 482, § 1.C.R.S. 1963:§ 40-12-102. L. 72:P. 276, § 9. L. 73:P. 540, § 13. L. 79:Entire section R&RE, p. 729, § 10, effective July 1. L. 87:(1) amended, p. 674, § 3, effective May 16. L. 2017:(2) amended,(SB 17-008), ch. 74, p. 234, § 2, effective August 9. L. 2023:(1) amended,(SB 23-279), ch. 311, p. 1898, § 6, effective June 2; (1), (2), and (3) amended,(HB 23-1293), ch. 298, p. 1791, § 45, effective October 1. Amendments to subsection (1) by SB 23-279 and HB 23-1293 were harmonized.
For affirmative defenses generally, see §§ 18-1-407, 18-1-710, and 18-1-805.