Colo. Rev. Stat. § 18-12-105

Current through 11/5/2024 election
Section 18-12-105 - Unlawfully carrying a concealed weapon - unlawful possession of weapons
(1) A person commits a class 1 misdemeanor if the 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; or
(c) Without legal authority, carries, brings, or has in the person's possession any explosive, incendiary, or other dangerous device on the property of or within any building in which the chambers, galleries, or offices of the general assembly, or either house thereof, are located, or in which a legislative hearing or meeting is being or is to be conducted, or in which the official office of any member, officer, or employee of the general assembly is located.
(d) (Deleted by amendment, L. 93, p. 964, § 1, effective July 1, 1993.)
(2) It is not an offense pursuant to this section 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
(b.5) Carrying a concealed firearm at a specific location in violation of section 1-13-724, 18-12-105.3, or 18-12-105.5; 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; or
(d) A peace officer, as described in section 16-2.5-101, C.R.S., when carrying a weapon in conformance with the policy of the employing agency as provided in section 16-2.5-101 (2), C.R.S.; or
(e) (Deleted by amendment, L. 2003, p. 1624, § 46, effective August 6, 2003.)
(f) A United States probation officer or a United States pretrial services officer while on duty and serving in the state of Colorado under the authority of rules and regulations promulgated by the judicial conference of the United States.

C.R.S. § 18-12-105

Amended by 2024 Ch. 301,§ 5, eff. 7/1/2024, app. to offenses committed on or after 7/1/2024.
Amended by 2021 Ch. 462, § 344, eff. 3/1/2022.
L. 71: R&RE, p. 482, § 1. C.R.S. 1963: § 40-12-105. L. 73: p. 683, § 3. L. 77: (2)(c) amended and (2)(d) added, p. 976, § 8, effective July 1. L. 81: (2)(c) amended, p. 1437, § 3, effective June 8. L. 86: (2)(d) amended and (2)(e) added, p. 774, § 2, effective July 1. L. 89: (1)(d) added, p. 911, § 1, effective April 15. L. 93: Entire section amended, p. 964, § 1, effective July 1. L. 94: (2)(e) amended and (2)(f) added, p. 647, § 1, effective July 1. L. 2000: IP(2) amended, p. 1009, § 1, effective August 2. L. 2003: (2)(c) amended, p. 648, § 3, effective May 17; (2)(d) and (2)(e) amended, p. 1624, § 46, effective August 6. L. 2021: IP(1) amended, (SB 21-271), ch. 3209, p. 3209, § 344, effective 3/1/2022.

Section 803(2) of chapter 462 (SB 21-271), Session Laws of Colorado 2021, provides that the act changing this section applies to offenses committed on or after March 1, 2022.

2021 Ch. 462, was passed without a safety clause. See Colo. Const. art. V, § 1(3).

For affirmative defenses generally, see §§ 18-1-407 , 18-1-710 , and 18-1-805 .