CHAPTER 10.28.- WEAPONS

10.28.010. Possession or sale of an illegal weapon.

10.28.015. Carrying an unconcealed firearm.

10.28.020. Carrying a concealed weapon.

10.28.025. Carrying of weapons prohibited in the Longmont Municipal Court.

10.28.030. Discharging weapons.

10.28.040. Discharging bow or slingshot.

10.28.050. Unlawful use of weapons.

10.28.060. Unlawful use of nunchaku or throwing stars.

10.28.070. Exemptions from chapter.

10.28.080. Possession of a weapon by an intoxicated person.

10.28.090. Seizure of weapons.

 

10.28.010. Possession or sale of an illegal weapon.

A. It is unlawful to knowingly possess, sell, offer for sale or purchase 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.

C. It is an affirmative defense that the defendant has a valid permit and license for possession of such weapon.

(Code 1993, § 10.28.100; Ord. No. O-92-51, § 1)

State law reference— Possession of dangerous or illegal weapon, C.R.S. § 18-12-102.

10.28.015. Carrying an unconcealed firearm.

A. It is unlawful to knowingly carry a firearm unconcealed on or about one’s person or within one’s reach while in a city-owned or city-leased building where the city has posted a sign at the public entrances to such building, informing persons that the carrying of unconcealed firearms is prohibited in the building.

B. It is an affirmative defense that the defendant was acting in the lawful discharge of his or her duties as a security guard for the city or as a peace officer as designated in C.R.S. tit. 16, art. 2.5 (C.R.S. § 16-2.5-101 et seq.).

(Ord. No. O-2010-22, § 1, 7-13-2010)

10.28.020. Carrying a concealed weapon.

A. It is unlawful to knowingly carry a knife, illegal weapon or firearm concealed on or about one’s person or within one’s reach while in a vehicle.

B. It is an affirmative defense that the defendant:

1. Was in the defendant’s own dwelling or place of business or property owned or under his control at the time of the act of carrying; or

2. Was in a private automobile or other private means of conveyance and carrying a weapon for hunting or for lawful protection of the defendant’s or another’s person or property while traveling; or

3. Has a properly issued permit to carry a concealed weapon from the chief of police of a city or the sheriff of a county under the authority granted them by the State of Colorado; or

4. Was carrying a hunting or fishing knife for sports use.

C. It is an affirmative defense that the defendant was a peace officer, designated in C.R.S. tit. 16, art. 2.5 (C.R.S. § 16-2.5-101 et seq.).

(Code 1993, § 10.28.020; Ord. No. O-92-51, § 1; Ord. No. O-96-25, § 1; Ord. No. O-2007-84, § 1(10.28.020))

State law reference— Unlawfully carrying a concealed weapon, C.R.S. § 18-12-105.

10.28.025. Carrying of weapons prohibited in the Longmont Municipal Court.

No person shall carry a weapon, concealed or openly, within the portion of the Longmont Safety and Justice Center, 225 Kimbark Street, occupied by the Longmont Municipal Court (the court). It shall be an affirmative defense under this section that the person carried a weapon as part of the person’s duty as a peace officer designated in C.R.S. tit. 16, art. 2.5 (C.R.S. § 16-2.5-101 et seq.) or the person’s employment as a security guard for the Longmont Municipal Court. The city manager or the manager’s designee shall ensure that:

A. Signs are posted at the public entrances to the court informing persons that carrying weapons is prohibited in that specific area;

B. Security personnel and electronic weapons screening devices are permanently in place at each public entrance to the court;

C. Security personnel electronically screen each person who enters the court to determine whether the person is carrying a weapon of any kind; and

D. Security personnel require each person who is carrying a weapon of any kind to leave the weapon in possession of security personnel while the person is in the court.

(Ord. No. O-2007-84, § 1(10.28.025))

10.28.030. Discharging weapons.

A. It is unlawful to discharge a projectile from a firearm or gas-operated or mechanically-operated gun, except at a target range designated by the city for the specific type of weapon involved or in a building with the permission of the property owner and the projectile did not leave the building.

B.  It is an affirmative defense that the defendant was lawfully defending persons or property.

(Code 1993, § 10.28.030; Ord. No. O-92-51, § 1)

State law reference— Illegal discharge of firearm, C.R.S. § 18-12-107.5.

10.28.040. Discharging bow or slingshot.

It is unlawful to knowingly:

A. Discharge any projectile from or possess any bow, slingshot or crossbow in any city park or open space; or

B. Discharge any projectile from a bow, crossbow or slingshot in a negligent manner.

(Code 1993, § 10.28.040; Ord. No. O-92-51, § 1)

10.28.050. Unlawful use of weapons.

It is unlawful to:

A. Knowingly and unlawfully point a loaded or unloaded firearm or gas-operated or mechanically operated gun in the direction of another person; or

B. Knowingly display or flourish a deadly weapon in a manner calculated to alarm another person; or

C.  Knowingly set a loaded gun, trap or device designed to cause an explosion upon being tripped or approached, and leave it unattended by an immediately present competent person.

(Code 1993, § 10.28.050; Ord. No. O-92-51, § 1)

10.28.060. Unlawful use of nunchaku or throwing stars.

It is unlawful to knowingly aim, swing or throw a throwing star or nunchaku at another person, or knowingly possess a throwing star or nunchaku in a public place except for the purpose of presenting an authorized public demonstration or exhibition or in conjunction with an organized school or class. When transporting throwing stars or nunchaku for a public demonstration or exhibition or for a school or class, they shall be transported in a closed nonaccessible container.

(Code 1993, § 10.28.060; Ord. No. O-92-51, § 1)

10.28.070. Exemptions from chapter.

Nothing in this chapter shall be construed to forbid United States Marshals, sheriffs, and their deputies, police officers, any other peace officers, or members of the United States Armed Forces or Colorado National Guard from having in their possession, displaying, concealing or discharging such weapons as are necessary in the authorized and proper performance of their duties.

(Code 1993, § 10.28.070; Ord. No. O-92-51, § 1)

10.28.080. Possession of a weapon by an intoxicated person.

A. It is unlawful to knowingly possess a firearm while under the influence of any intoxicating liquor or substance.

B.  It is not a defense that the defendant had a concealed weapon permit or is a peace officer.

(Code 1993, § 10.28.080; Ord. No. O-92-51, § 1)

10.28.090. Seizure of weapons.

Any police officer who has probable cause for a violation of this chapter shall, in addition to taking any other action, seize the weapon or items used in the violation. Any weapon or items so seized shall be secured by the police officer in accordance with the police department procedures.

(Code 1993, § 10.28.090; Ord. No. O-92-51, § 1;)