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. |