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DANGEROUS OR DEADLY WEAPONS: Include:
A. Any firearm, whether loaded or unloaded, including, but not limited to, any pistol, revolver, rifle, shotgun, air gun, gas operated gun, spring gun, or BB gun; or
B. Any bow made for the purpose of throwing or projecting missiles of any kind by any means whatsoever; or
C. Any cross knuckles, or knuckles of lead, brass or other metal; or
D. Any bludgeon or blackjack; which latter term shall include any billy, sandclub, sandbag or other hand operated striking weapon consisting, at the striking end, of an encased piece of lead or other heavy substance and, at the handle end, a strap or springy shaft which increases the force of impact; or
E. Any knife, dirk, dagger or stiletto or any other dangerous instrument capable of inflicting cutting, stabbing or tearing wounds; or
F. Any other weapon, device, instrument, material or substance, whether animate or inanimate, which in the manner used or intended to be used is calculated to produce serious bodily injury.
FIREARM: Any handgun, automatic, revolver, pistol, rifle, shotgun or other instrument or device capable or intended to be capable of discharging bullets, cartridges or other explosive charges. (Ord. 4517; 1968 Code §§8-4, 8-14; Ord. 80-13; Ord. 01-42; Ord. 18-18)
A. For purposes of this section, "conceal" shall mean placement of the dangerous or deadly weapon in question about the person, or within the person's immediate reach, in a manner as to be either completely hidden from view or partially hidden to an extent that another person making normal contact with the person cannot ascertain the true nature of the weapon.
B. It is unlawful for any person to wear under the person's clothes, or conceal about the person, or conceal in a motor vehicle within the person's immediate reach, any dangerous or deadly weapon. The exceptions to this prohibition are provided for in section 9.7.105 of this part. (1968 Code §8-14; Ord. 80-13; Ord. 94-67; Ord. 01-42)
A. It is unlawful to knowingly display a firearm or other dangerous or deadly weapon, or any object resembling same which is intended by the actor to intimidate, threaten, alarm or frighten any person.
B. For purposes of this section, "display" means any manifestation, exhibition, ostentatious showing, or exhibition for effect meant to intimidate, threaten, alarm, or frighten any person.
C. It shall be an affirmative defense that the actor displayed the weapon in self-defense, or to defend another person, or to defend the actor's premises or property. All other applicable State defenses apply. (1968 Code §8-14; Ord. 80-13; Ord. 97-132; Ord. 01-42; Ord. 03-105; Ord. 18-18)
A. It is unlawful for any person to wrongfully fire or discharge any cannon, gun, pistol, revolver, rifle, shotgun, air gun, BB gun, gas operated gun, spring gun, or firearm within the City. The discharge of firearms using only blank ammunition by the members of any military company when on parade or when engaged in an official ceremony, done in accord with the command of the commanding officers, shall not be deemed a violation, nor shall the discharge of firearms at shooting galleries as a licensed business, or as part of a business licensed or permitted to operate within the City be deemed a violation.
B. The discharge of firearms using only blank ammunition for the educational or entertainment benefit of the public, when and if approved by the Mayor by written revocable permit, shall not be deemed a violation of this section. For purposes of determining whether a permit will be issued, the Mayor shall consider environmental concerns, noise concerns, location, time of activity, and the health, safety and welfare of the public; however, nothing in this section shall be construed as providing for the issuance of a written revocable permit as a matter of right. Any permit issued under this section shall be revocable at the discretion of the Mayor or the City Council, or by the Chief of Fire or Police if in the performance of that person's duties.
C. It shall be an affirmative defense to a violation of this section if a person discharges a firearm in an act of self- defense of the person, the person's property or the person's domestic animal.
D. The discharge of air guns in City Parks in the course of permitted athletic events, when and if approved by the City Parks, Recreation and Cultural Services Director by temporary park permit, shall not be deemed a violation of this section. For purposes of determining whether a permit will be issued for the discharge of air guns in City Parks for athletic events, the City Parks, Recreation and Cultural Services Director shall consider the factors listed in section 4.3.102 of this Code, environmental concerns, noise concerns, location, time of activity, and the health, safety and welfare of the public; nothing in this section shall be construed as providing for the issuance of a written revocable permit as a matter of right. Any permit issued under this section shall be revocable at the discretion of the City Parks, Recreation and Cultural Services Director or the City Council, or by the Chief of Fire or Police if in the performance of that person's duties. (1968 Code §8-14; Ord. 80-13; Ord. 92-85; Ord. 01-42; Ord. 09-124; Ord. 10-61; Ord. 11-19; Ord. 18-24)
A. It shall be an exception to an allegation of a violation of any section of this part that the act was committed by an enforcement officer of the various law enforcement agencies of the United States government or the State of Colorado, by any sheriff or the sheriff's deputies, or by any regular, special or ex officio peace officer.
B. It shall be an exception to an allegation of a violation of section 9.7.102 of this part, prohibiting the carrying of concealed dangerous or deadly weapons, that:
1. The defendant was in the defendant's own dwelling or place of business or on property owned or under the defendant's control at the time of the act of carrying; or
2. The defendant was in a private automobile or other private means of conveyance, and was carrying for hunting or for lawful protection of the defendant's or another's person or property while traveling into, through or within a Municipal, County or City and County jurisdiction, regardless of the number of times the person stops in a jurisdiction 1 ; or
3. The defendant, prior to the time of carrying a concealed weapon, held a valid written permit to carry a concealed weapon issued pursuant to Colorado Revised Statutes section 18-12-201 et seq.; or
4. A person who was a "peace officer", as that term is defined in Colorado Revised Statutes section 16-2.5-101 et seq.; or
5. Where the weapon in question is a knife with a blade length of three and one-half inches (31/2") or less in length, or that the knife was a hunting or fishing knife carried for sports use.
C. It shall be an exception to the allegation of a violation of any section of this part that the act was committed by an employee of the City or any of its enterprises, or by a contractor under the direct supervision of an employee, who is authorized by the Mayor, the Chief Executive Officer of Colorado Springs Utilities, or the Chief Executive Officer for MHS Enterprise to discharge a firearm in the performance of that person's duties, and who was, in fact, engaged in the performance of those duties. (1968 Code §8-14; Ord. 80-13; Ord. 80-58; Ord. 93-150; Ord. 94-67; Ord. 01-42; Ord. 03-105; Ord. 07-197; Ord. 11-19; Ord. 15-66; Ord. 18-18)
Notes
| 1 | 1. SB 03-25 (CRS §18-12-105.6(2)(a)). |
A. Unlawful Possession: It is unlawful for any person to possess on or about the person or property any dangerous or deadly weapon whether concealed or not, in the sterile concourse, or while seeking to enter the sterile concourse, at the Colorado Springs Municipal Airport. In the case of a firearm, it shall be no defense to prosecution under this section that the weapon is not loaded, that the ammunition is inaccessible or that the person in possession of the dangerous or deadly weapon held a valid written permit to carry a concealed weapon issued pursuant to Colorado Revised Statutes section 18-12-105.1 1 .
B. Proof Of Violation: If any person:
1. Seeks to pass into the sterile concourse while possessing a dangerous or deadly weapon on the person or in the person's baggage; or
2. Has entered the sterile concourse in any manner while possessing a dangerous or deadly weapon on the person or in the person's baggage; or
3. Has caused any item of baggage which contains any dangerous or deadly weapon to be passed through the security checkpoint; or
4. Otherwise has possession or control over any item of baggage which contains any dangerous or deadly weapon, and seeks to pass the checkpoint, or enter the sterile concourse;
The circumstances shall be prima facie evidence of an offense under subsection A of this section.
C. Exempt Persons: Persons exempt from prosecution under this section include any person who, at the time of the offense alleged under subsection A of this section was an official or employee of a municipality, or State, or of the United States, or security personnel engaged by a carrier to provide security services at the airport, who is authorized to carry arms in the performance of the person's official duties, and who was, in fact, engaged in the performance of those duties.
D. Definitions: For purposes of this section the following definitions apply:
CARRIER: An airline or other purveyor of transportation which uses the sterile terminal at the airport to embark or disembark passengers.
LOADED FIREARM: A firearm is loaded when it has a live round of ammunition, cartridge, primer or detonator, or powder in the chamber or in a clip, magazine or cylinder inserted into it. This section does not apply to a loaded firearm.
POSSESSION OR CONTROL OF A DANGEROUS OR DEADLY WEAPON: A person possesses or has control over a dangerous or deadly weapon if the person knew, or should have known, of the presence of the dangerous or deadly weapon on the person or in the person's luggage or personal property. Possession does not have to be exclusive. The act of handing a dangerous or deadly weapon over to another person, for purposes of clearing security screening or otherwise, does not deprive one of possession of a dangerous or deadly weapon.
STERILE CONCOURSE: The area of the Colorado Springs Municipal Airport into which admission may be lawfully gained by members of the public only through an official or approved security checkpoint. (Ord. 98-247; Ord. 01-42; Ord. 03-105)
Notes
| 1 | 1. 349 USC §46314, 49 CFR §1540.111. |
A. It shall be unlawful for any person to openly carry any firearm within any building owned or leased by the City.
B. The person or persons reporting directly to City Council who have administrative or supervisory authority over any building or specific area owned or leased by the City, including the Mayor, Chief Executive Officer of Colorado Springs Utilities, City Attorney, City Clerk, City Auditor, Municipal Court Administrator, Presiding Judge of the Municipal Court, MHS Enterprise Board of Trustees and their designees, are hereby authorized to post signs at the public entrances to City owned or leased buildings informing the public that the open carrying of firearms is prohibited.
C. This section shall not apply to peace officers and shall not be deemed to affect or impair in any way the authority of any public or private property owner other than the City to prohibit the carrying of firearms into or upon other public or private property.
D. This section shall not apply to an employee of the City or any of its enterprises who is authorized by the Mayor, the Chief Executive Officer of Colorado Springs Utilities, or the Chief Executive Officer for MHS Enterprise to carry a firearm in the performance of that person's duties and who was, in fact, engaged in the performance of those duties.
E. This section shall not apply to a private security officer holding a firearm endorsement while providing security services to the City or its enterprises pursuant to a contract with a private security agency. (Ord. 03-132; Ord. 07-197; Ord. 11-19; Ord. 15-66)
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