rljohns

Has anyone ever had a problem because they carries a knife that's a tad too long (Spyderco Police, Endura, SOG Trident, Buck 110) in Colorado? My favorite knife is the Syderco Police and it is listed by Spydie as 4.125 and Colorado states that < 3.5 in is considered a "concealed weapon" if carried out of view.

QKShooter

A nod is as good as a wink to a blind horse.

AKA if the blade is even slightly over 3.5" then it's a concealed weapon unless the law states "unless it's just "tad bit" over 3.5" it's legal.

Jackle1886

check EXACTLY what your law states. Here in MI, anything over 3.5" with intent to DO HARM is illegal. So if I am just carrying it as a cutting tool, and intend no harm, it's perfectly fine. Not sure how your law is written, but that is the case here.

__________________
Better to die on your feet, than to live on your knees.

Intrepid

In colorado any knife with a blade over 3.5 inches is considered a weapon. I usually don't carry a knife so I haven't had any trouble.

That being said I have apprehended someone carrying a pocket knife (not used during the shoplifting incident and we didn't know he had it until we had him in the office), the first thing the LEO asked when we said he had a knife was, "It is a legal knife right?"

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Smith and Wesson M&P40 + 180 gr Speer Gold Dot
Smith and Wesson 659 + 124 gr Speer Gold Dot
Remington 870 Wingmaster
Ruger 10/22

BaserRonin

the 3.5 rule in Colorado only applies if their was/is intent to use the knife as a weapon. There must be intent to use it as a weapon...

rljohns

I didn't realize we had the intent law in Colorado. I've seen the same verbage in MD and DC.

rljohns

He could have possibly meant was it a balisong or a switchblade.

RMD

Relevant statues:

18-12-101:

(f) "Knife" means any dagger, dirk, knife, or stiletto with a blade over three and one-half inches in length, or any other dangerous instrument capable of inflicting cutting, stabbing, or tearing wounds, but does not include a hunting or fishing knife carried for sports use. The issue that a knife is a hunting or fishing knife must be raised as an affirmative defense.

...

Defendant's intent to use an object as a weapon is not established by the object's appearance alone, even if the appearance demonstrates that its primary use is as a weapon; this test does not follow Gross and is contrary to the plain language of the concealed weapons statute. A.P.E. v. People, 20 P.3d 1179 (Colo. 2001).


18-12-105

The definition of "knife" in subsection (1)(f) of this section is sufficiently specific to give fair warning of the proscribed conduct and is therefore constitutional. In applying the definition under section 18-12-108, the prosecution must prove that one of the intended uses of the instrument by the defendant was as a weapon. People v. Gross, 830 P.2d 933 (Colo. 1992).

Defendant could not be convicted of carrying a concealed weapon without the prosecution proving that defendant intended to use this short-bladed knife as a weapon. While the characteristics of an instrument may be an important factor in determining the intended purpose of an instrument, the language of the concealed weapons statute and established precedent establishes that a knife's design does not, by itself, prove that the person carrying it intended to use it as a weapon. A.P.E. v. People, 20 P.3d 1179 (Colo. 2001).

Intrepid

I didn't realize that either...I would still be careful though, who carries a hunting and fishing knife around when they don't have any other hunting or fishing equipment with them.

Also, it would be very easy to say "for self defense" when asked why you have the knife...which would mean it's a weapon.

__________________
Smith and Wesson M&P40 + 180 gr Speer Gold Dot
Smith and Wesson 659 + 124 gr Speer Gold Dot
Remington 870 Wingmaster
Ruger 10/22

RMD

Just to be safe, the only knife I carry (Spyderco Tenacious) has a blade slightly shorter than 3.5". Fits nicely in the 5th pocket of 5-pocket jeans