Boulder Municipal Code Title V Chapter 8

Chapter 5-8: Weapons20

5-8-1 Legislative Intent.Go to the top

The purpose of this chapter is to protect the public health, safety, and welfare by regulating the possession, storage, and use of weapons.

(Ordinance No. 7299 (2003))

5-8-2 Definitions.Go to the top

The following terms used in this chapter have the following meanings unless the context clearly requires otherwise:

“About the person” means sufficiently close to the person to be readily accessible for immediate use.21

“Assault weapon” means all firearms with any of the following characteristics:

(a) All semiautomatic action rifles with a detachable magazine with a capacity of twenty-one or more rounds.

(b) All semiautomatic shotguns with a folding stock or a magazine capacity of more than six rounds or both.

(c) All semiautomatic pistols that are modifications of rifles having the same make, caliber and action design but a short barrel or modifications of automatic weapons originally designed to accept magazines with a capacity of twenty-one or more rounds.

(d) Any firearm which has been modified to be operable as an assault weapon as defined herein.

(e) Any part or combination of parts designed or intended to convert a firearm into an assault weapon, including a detachable magazine with a capacity of twenty-one or more rounds, or any combination of parts from which an assault weapon may be readily assembled if those parts are in the possession or under the control of the same person.

“Constructive knowledge” means knowledge of facts or circumstances sufficient to cause a reasonable person to be aware of the fact in question.

“Locked container” means a secure container which is enclosed on all sides and locked by a padlock, key lock, combination lock, or similar device.

“Minor” means a person under eighteen years of age.

“Provide” means to give, lend, sell or otherwise place in an unsecured location where a minor or other unauthorized or incompetent person could foreseeably gain access to a firearm.

5-8-3 Discharge of Firearms.Go to the top

No person shall discharge any projectile from a firearm or gas or mechanically operated gun. For purposes of this section, any person who was the proximate cause of the discharge shall be deemed to have discharged the firearm or gun. It is a violation of this section if the discharge occurs within the jurisdiction of the city, or if the projectile travels over such jurisdiction.

(Ordinance No. 5497 (1992))

5-8-4 Possessing and Discharging Firearm or Bow in Park or Open Space.Go to the top

(a) No person shall possess any firearm or gas or mechanically operated gun in any park or open space.

(b) No person shall discharge a missile from, into or over or possess any bow, slingshot, or crossbow in any park or open space.

(Ordinance No. 5497 (1992))

5-8-5 Negligently Shooting Bow or Slingshot.Go to the top

No person shall shoot a bow and arrow, crossbow, or slingshot in a negligent manner.

5-8-6 Aiming Weapon at Another.Go to the top

No person shall knowingly aim a loaded or unloaded firearm or gas or mechanically operated gun at another person.

5-8-7 Flourishing Deadly Weapon in Alarming Manner.Go to the top

No person shall display or flourish a deadly weapon in a manner calculated to alarm another person.

5-8-8 Possession of Loaded Firearms.Go to the top

(a) Except as set forth in this chapter, no person shall possess a loaded firearm or a loaded gas or mechanically operated gun.

(b) For the purposes of this section, a firearm is loaded if there is a projectile, with charge,22 in the chamber, in the cylinder, or in the clip in the firearm.

(c) A peace officer shall not undertake an arrest under this section without first giving due consideration to the city’s burden of proof with regard to the affirmative defenses set forth in section 5-8-22, “Defenses,” B.R.C. 1981.

5-8-9 Carrying a Concealed Weapon.Go to the top

No person shall have a knife or firearm concealed on or about such person’s body.

5-8-10 Possession of Illegal Weapons.Go to the top

(a) No person shall knowingly possess an illegal weapon.

(b) The defendant’s knowledge that the weapon was illegal is not an aspect of knowledge required for violation of this section.

5-8-11 Possessing Firearm While Intoxicated.Go to the top

No person shall possess a firearm while such person’s ability is impaired by intoxicating liquor, as defined by state law,23 or a controlled substance, as defined by state law.24

5-8-12 Providing Firearm to Intoxicated Persons or Minors.Go to the top

No person shall provide any firearm to any person whose ability is impaired by intoxicating liquor, as defined by state law,25 or any controlled substance, as defined by state law;26 or to any person in a condition of agitation and excitability; or to any minor unless the person providing the firearm has obtained the consent of the minor’s parent or legal guardian. Knowledge of the minor’s age shall not be an element of this offense.

5-8-13 False Information on Weapons Application.Go to the top

Repealed.

(Ordinance No. 7299 (2003))

5-8-14 Setting Spring Gun.Go to the top

No person shall knowingly set a loaded gun, trap, or device designed to cause an explosion upon being tripped or approached and leave it unattended by a competent person immediately present.

5-8-15 Deadly Weapons in City Buildings Prohibited.Go to the top

(a) No person, other than a peace officer, shall carry, bring, or possess a deadly weapon in the city council chambers while the council is in session.

(b) No person, other than a peace officer, shall carry, bring, or possess a deadly weapon in any public building owned by the city and open to the public if the city manager has posted a sign to that effect at every public entrance to the building.

(Ordinance No. 7299 (2003))

5-8-16 Possession of Firearm by Minor Prohibited.27Go to the top

(a) No minor shall knowingly possess a firearm.

(b) This section does not apply to a second or subsequent offense by the minor if the firearm in both instances was a handgun, or if the possession is otherwise a felony under state law.

(c) It is a specific defense to a charge of violating this section that the minor was, with the consent of his or her parent or legal guardian:

(1) In attendance at a hunter’s safety course or a firearms safety course;

(2) Engaging in practice in the use of a firearm or target shooting in an area designated as a target range by the city manager under section 5-8-26, “City Manager May Designate Target Ranges,” B.R.C. 1981, for the type of weapon involved;

(3) Engaging in an organized competition involving the use of a firearm or participating in or practicing for a performance by an organized group exempt from payment of income tax under 26 U.S.C. 501(c)(3) as determined by the federal internal revenue service which uses firearms as a part of such performance;

(4) Hunting or trapping pursuant to a valid license issued to such person pursuant to article 4 of title 33, C.R.S.;

(5) Traveling with an unloaded firearm in such minor’s possession to or from any activity described in paragraph (c)(1), (c)(2), (c)(3), or (c)(4) of this section or to or from an established range authorized by the governing body of the jurisdiction in which such range is located or any other area outside the city where target practice is legal and the minor has permission from the landowner for such practice;

(6) Possessing a firearm at such minor’s residence for the purpose of exercising the rights contained in section 18-1-704 or 18-1-704.5, C.R.S.; and

(7) For the purposes of paragraph (c)(5) of this section, a firearm is “loaded” if:

(A) There is a cartridge in the chamber or cylinder of the firearm or in a clip in the firearm; or

(B) The firearm, and the ammunition for such firearm, is carried on the person of the minor or is in such close proximity to the minor that the minor could readily gain access to the firearm and the ammunition and load the firearm.

5-8-17 Providing Rifle or Shotgun to Minor Prohibited.28Go to the top

(a) No person shall provide a rifle or shotgun with or without remuneration to any minor under circumstances which cause the minor to be in violation of section 5-8-16, “Possession of Firearm by Minor Prohibited,” B.R.C. 1981. Knowledge of the minor’s age shall not be an element of this offense.

(b) No parent or legal guardian of a minor shall provide a rifle or shotgun to the minor for any purpose or shall permit the minor to possess a rifle or shotgun for any purpose if the parent or guardian has actual or constructive knowledge of a substantial risk that the minor will use the rifle or shotgun to violate a federal, state, or local law.

(c) No parent or legal guardian of a minor shall provide a rifle or shotgun to, or permit the minor to possess a rifle or shotgun, for any purpose, if the minor has been convicted of a crime of violence, as defined in section 16-11-309, C.R.S., or if the minor has been adjudicated a juvenile delinquent for an act which would have constituted a crime of violence, as so defined, if committed by an adult.

(d) It is a specific defense to a charge of violating this section by providing a firearm that had been stolen from the defendant either by the minor or by another person who subsequently provided the firearm to the minor.

5-8-18 Unlawful Storage of Assault Weapons.Go to the top

(a) No person shall store, control, or possess any assault weapon within any premises of which that person has an ownership interest, custody, or control, in such a manner that the person knows, or has constructive knowledge, that a minor is likely to gain possession of the assault weapon and in fact does obtain possession of the assault weapon.

(b) It is a specific defense to a charge or violation of this section that:

(1) The assault weapon was located within a room or closet from which all minors were excluded by locks; or

(2) The assault weapon was stored in a locked container.

(c) It is an affirmative defense to civil negligence liability that the assault weapon was stored in a locked container.

5-8-19 Unlawful Storage of Firearms Where There is Personal Injury.Go to the top

(a) No person shall store, control, or possess any firearm within any premises of which that person has an ownership interest, custody, or control, in such manner that the person knows, or has constructive knowledge, that a minor is likely to gain possession of the firearm and in fact does obtain control of the firearm and either injures or kills himself or herself or another person with the firearm or uses the firearm in violation of federal, state or local law.

(b) It is a specific defense to a charge of violation of this section that:

(1) The firearm was located within a room or closet from which all minors were excluded by locks; or

(2) The firearm was stored in a locked container.

(c) It is an affirmative defense to civil negligence liability that the firearm was stored in a locked container.

(d) It is an affirmative defense that the firearm was used by a minor at such minor’s residence with the permission of the minor’s parent or legal guardian, for the purpose of exercising the rights contained in section 18-1-704 or 18-1-704.5, C.R.S.

5-8-20 Parent or Legal Guardian Liability for Illegal Possession of Firearms by a Minor.Go to the top

(a) No parent or legal guardian, having actual or constructive knowledge of illegal possession of a firearm by a minor shall fail to either:

(1) Immediately take possession of the firearm; or

(2) Immediately notify law enforcement authorities of the details of the illegal possession so that law enforcement authorities can act to take possession of the firearm.

(b) This section does not create a duty on a parent or legal guardian to search the bedroom of a minor for firearms.

(c) As used in this section, illegal possession of a firearm by a minor means possession in violation of section 5-8-16, “Possession of Firearm by Minor Prohibited,” B.R.C. 1981, or any provision of state or federal law concerning possession of a firearm by a minor.

5-8-21 Open Carriage of Firearms in Carrying Cases Required.Go to the top

Any person carrying a firearm off of the person’s property or outside of the person’s business or vehicle shall carry the firearm in a carrying case. The carrying case must be recognizable as a gun carrying case by a reasonable person. A plain-shaped case must be clearly marked to be deemed recognizable under this standard. The carrying case must be openly carried and must not be concealed on or about the person. This section shall not apply to individuals who have a permit to carry a concealed weapon issued pursuant to state law.

5-8-22 Defenses.Go to the top

(a) It is an affirmative defense to a charge of violating sections 5-8-3, “Discharge of Firearms,” 5-8-4, “Possessing and Discharging Firearm or Bow in Park or Open Space,” 5-8-5, “Negligently Shooting Bow or Slingshot,” 5-8-6, “Aiming Weapon at Another,” 5-8-7, “Flourishing Deadly Weapon in Alarming Manner,” and 5-8-8, “Possession of Loaded Firearms,” B.R.C. 1981, that the defendant was:

(1) Reasonably engaged in lawful self-defense under the statutes of the State of Colorado; or

(2) Reasonably exercising the right to keep and bear arms in defense of the defendant’s or another’s home, person, and property, or in aid of the civil power when legally thereto summoned.

(b) It is a specific defense to a charge of violating sections 5-8-3, “Discharge of Firearms,” 5-8-4, “Possessing and Discharging Firearm or Bow in Park or Open Space,” and 5-8-8, “Possession of Loaded Firearms,” B.R.C. 1981, that the events occurred in an area designated as a target range by the city manager under section 5-8-26, “City Manager May Designate Target Ranges,” B.R.C. 1981, for the type of weapon involved. It is a specific defense to a charge of violating section 5-8-4, “Possessing and Discharging Firearm or Bow in Park or Open Space,” B.R.C. 1981, by possession that the defendant was going directly to or returning directly from such a target range.

(c) It is an affirmative defense to a charge of violating sections 5-8-8, “Possession of Loaded Firearms,” 5-8-9, “Carrying a Concealed Weapon,” and 5-8-11, “Possessing Firearm While Intoxicated,” B.R.C. 1981, that the defendant was:

(1) In the defendant’s own dwelling or place of business or on property owned or under the defendant’s control at the time; or

(2) In a private automobile or other private means of conveyance at the time and was carrying the weapon for lawful protection of the defendant’s or another’s person or property while traveling; or29

(3) Charged with carrying a knife that was a hunting or fishing knife carried by the defendant for sport use.

(d) It is a specific defense to a charge of violating sections 5-8-8, “Possession of Loaded Firearms,” and 5-8-9, “Carrying a Concealed Weapon,” B.R.C. 1981, that the defendant was carrying the weapon pursuant to a concealed weapons permit valid under the statutes of the State of Colorado.

(e) It is a specific defense to a charge of violating sections 5-8-3, “Discharge of Firearms,” and 5-8-8, “Possession of Loaded Firearms,” B.R.C. 1981, that the loaded gas or mechanically operated gun was possessed or discharged in a building with the permission of the property owner and the projectile did not leave the building.

(f) It is a specific defense to a charge of violating section 5-8-10, “Possession of Illegal Weapons,” B.R.C. 1981, that the person had a valid permit for such weapon pursuant to federal law at the time of the offense.

(g) It is a specific defense to a charge of violating section 5-8-4, “Possessing and Discharging Firearm or Bow in Park or Open Space,” B.R.C. 1981, that the firearm, gas or mechanically operated gun, bow, slingshot, or crossbow possessed by the person was being transported in a motor vehicle. This defense does not apply to a charge of violation involving discharge of a missile.

(Ordinance No. 5497 (1992))

5-8-23 Seizure of Weapons.Go to the top

Any peace officer who has probable cause to believe that a violation of this chapter has occurred may, in addition to taking any other action, seize the weapons or items used in said violation. Any weapon or items so seized shall be secured by the peace officer in accordance with the rules of the chief of police.

5-8-24 Forfeiture and Disposition of Deadly Weapons.Go to the top

After final conviction, every person convicted of any violation of any provision of this code, another ordinance of the city, or a state statute involving a deadly weapon shall forfeit to the city the weapon involved. After conviction, it shall be the duty of the chief of police to dispose of the weapon or item, as the chief deems appropriate.

5-8-25 Exemptions From Chapter.Go to the top

Nothing in this chapter shall be construed to forbid United States marshals, sheriffs, constables and their deputies; any regular or ex-officio police officer; any other peace officers; or members of the United States Armed Forces, Colorado National Guard, or Reserve Officer Training Corps from having in their possession, displaying, concealing, or discharging such weapons as are necessary in the authorized and proper performance of their official duties.

(Ordinance No. 5462 (1992))

5-8-26 City Manager May Designate Target Ranges.Go to the top

(a) The city manager may designate and establish areas within any property owned by the city as target ranges.

(b) The city manager shall issue a permit for a private or commercial target range upon application therefor, if the manager finds that:

(1) The range is so located and constructed as to protect the health and safety of range users and residents of the city;

(2) Use of the range will not violate chapter 5-9, “Noise,” B.R.C. 1981; and

(3) Operation of the range will not violate any provision of this code or an ordinance of the city or state or federal law.

(c) The city manager may adopt reasonable regulations to implement the provisions of subsection (b) of this section and prescribe the form and content of the permit application.

(d) Permits issued under subsection (b) of this section are valid for five years, if issued to the owner of the land upon which the range is located, or for the period of the lease or permission to use the land, if issued to any other person, but for no more than five years.

(e) The city manager may revoke a permit issued under subsection (b) of this section if the target range under the permit ceases to meet the requirements of that subsection. Before revoking a permit issued under this section, the manager shall afford the permittee an opportunity for a hearing under the procedures prescribed by chapter 1-3, “Quasi-Judicial Hearings,” B.R.C. 1981.

5-8-27 Firearms Dealers; Display of Weapons.Go to the top

No secondhand dealer, pawnbroker, or any other person engaged in the wholesale or retail sale, rental, or exchange of any firearms shall display or place on exhibition any firearm in any show window or other window facing upon any street of the city.

(Ordinance No. 7299 (2003))

5-8-28 Firearms Permit.Go to the top

Repealed.

(Ordinance No. 7299 (2003))

5-8-29 Application for Permits and Fees.Go to the top

Repealed.

(Ordinance No. 7299 (2003))

5-8-30 Investigation, Approval, and Issuance of Permits.Go to the top

Repealed.

(Ordinance No. 7299 (2003))

5-8-31 Term of Permit, Renewal Procedures.Go to the top

Repealed.

(Ordinance No. 7299 (2003))

5-8-32 Change of Firearms, Address, or Employment.Go to the top

Repealed.

(Ordinance No. 7299 (2003))

5-8-33 Permit Not Transferable.Go to the top

Repealed.

(Ordinance No. 7299 (2003))

5-8-34 Exhibition of Permit.Go to the top

Repealed.

(Ordinance No. 7299 (2003))

5-8-35 Revocation and Suspension of Permits.Go to the top

Repealed.

(Ordinance No. 7299 (2003))

5-8-36 Surrender of Permit.Go to the top

Repealed.

(Ordinance No. 7299 (2003))

5-8-37 No City Liability for Issuing Permit.Go to the top

Repealed.

(Ordinance No. 7299 (2003))

5-8-38 State Preemption.Go to the top

It is an affirmative defense to any charge of a violation of this chapter relating to carrying firearms that the defendant was carrying the firearm in a private automobile or other private means of conveyance for lawful protection of such person’s or another’s person or property or for hunting while traveling in, into, or through the city, as permitted by section 18-12-105.6, C.R.S.

 



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