1. (1) As used in this section, the term dangerous weapon means a firearm silencer, machine gun, rapid-fire device, short shotgun, or short rifle.
2. (2) As used in this section, the term illegal weapon means a blackjack, gas gun, ballistic knife, or metallic knuckles.
3. (3) A person who knowingly possesses a dangerous weapon commits a class 5 felony.
4. (4) A person who knowingly possesses an illegal weapon commits a class 1 misdemeanor.
5. (5) It shall be an affirmative defense to the charge of possessing a dangerous weapon, or to 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. L. 2023: (1) amended, (SB 23-279), ch. 311, p. 1898, § 6, effective June 2; (1), (2), and (3) amended, (HB 23-1293), ch. 298, p. 1791, § 45, effective October 1. L. 2025: (1) amended, (SB 25-003), ch. 68, p. 300, § 9, effective April 10.

Editor's note: Amendments to subsection (1) by SB 23-279 and HB 23-1293 were harmonized.

Cross references: For affirmative defenses generally, see §§ 18-1-407, 18-1-710, and 18-1-805.