(1) As used in this section, the term "dangerous weapon" means a firearm silencer, machine gun, short shotgun, short rifle, or ballistic knife.
As used in this section, the term "illegal weapon" means a blackjack, a gas gun, ormetallic knuckles.
A person who knowingly possesses a dangerous weapon commits a class 5 felony.Each subsequent violation of this subsection (3) by the same person shall be a class 4 felony.
A person who knowingly possesses an illegal weapon commits a class 1 misdemeanor.
It shall be an affirmative defense to the charge of possessing a dangerous weapon, orto the charge of possessing an illegal weapon, that the person so accused was a peace officer or member of the armed forces of the United States or Colorado National Guard acting in the lawful discharge of his duties, or that said person has a valid permit and license for possession of such weapon.
Source: L. 71: R&RE, p. 482, § 1. C.R.S. 1963: § 40-12-102. L. 72: p. 276, § 9. L. 73:
p. 540, § 13. L. 79: Entire section R&RE, p. 729, § 10, effective July 1. L. 87: (1) amended, p. 674, § 3, effective May 16. L. 2017: (2) amended, (SB 17-008), ch. 74, p. 234, § 2, effective August 9.
Cross references: For affirmative defenses generally, see §§ 18-1-407, 18-1-710, and 18-1-805.