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.
Knife Length (Colorado)
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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.
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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?"
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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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...
He could have possibly meant was it a balisong or a switchblade.
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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).
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).
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107 Posts
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.
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.
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Just keep in mind that "concealed" means "even for a little bit" and "on accident". If you toss on a button-up shirt or jacket for a quick jaunt to the store and it covers up the pocket clip, or you're sitting down and the hem of the clothing covers up the clip, you're breaking the law with an illegal-length blade.
Was it a tack-on charge or were they simply walking down the street and you stopped them for no reason and ask to see their knife? I can understand if they were comitting a crime and had the knife as a weapon (i.e. drug related, robbery, assault, etc).
Strict aherence to this law also puts Buck 110 folder, Endura 4, and SOG Trident off limits. All of which are the most popular knives in CO.
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I don't know where you get that information from, but of all the people I know who carry knives, they're all under 3.5 inches. Why make this post if you are going to try to refute what people are writing and telling you about their experiences?
Spyderco® Endura
$59.99
The Endura is one of Spyderco®'s bestsellers. With one-hand opening and 4-way carry clip, these lightweight knives are great right or left handed. Choice of Partially Serrated or Non-Serrated
Always listed as one of Spyderco's best sellers. Buck 110 folder is the classic Buck everyone thinks of, when they remember Buck from the '70's. Many of the guys I shoot with carry the Endura, others carry the Benchmades that are about 3.75.
So I guess my information is considered anecdotal. No I don't have any surveys or official research. I would assume there isn't any such stats.
I guess it is just wishful thinking on my part that the laws were different. I wish my CCW included knives like KY or FL. I'm fairly attached to my Spydercos.
Sorry to be such a pain. I guess I like Joshe's answer best. The only problem is that CO doesn't preempt it's cities from making ordinances against knives. So far only Denver has made such ordinances (knifelawsonline.com). I don't hand out in Denver anyway.
$59.99
The Endura is one of Spyderco®'s bestsellers. With one-hand opening and 4-way carry clip, these lightweight knives are great right or left handed. Choice of Partially Serrated or Non-Serrated
Always listed as one of Spyderco's best sellers. Buck 110 folder is the classic Buck everyone thinks of, when they remember Buck from the '70's. Many of the guys I shoot with carry the Endura, others carry the Benchmades that are about 3.75.
So I guess my information is considered anecdotal. No I don't have any surveys or official research. I would assume there isn't any such stats.
I guess it is just wishful thinking on my part that the laws were different. I wish my CCW included knives like KY or FL. I'm fairly attached to my Spydercos.
Sorry to be such a pain. I guess I like Joshe's answer best. The only problem is that CO doesn't preempt it's cities from making ordinances against knives. So far only Denver has made such ordinances (knifelawsonline.com). I don't hand out in Denver anyway.
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I'm sure Spyderco was listing that as the best selling line of their knives nationwide. There are many different knife makers out there and to say that they're the most popular in Colorado isn't correct.
Sorry if my post came off as harsh, it wasn't supposed to. Ultimately the decision is yours, but I would look at the experiences of others to help make that decision. To me, its not worth carrying a knife that could potentially put me on the wrong side of the law.
Sorry if my post came off as harsh, it wasn't supposed to. Ultimately the decision is yours, but I would look at the experiences of others to help make that decision. To me, its not worth carrying a knife that could potentially put me on the wrong side of the law.
The write-up was from the Army-Navy store website in Englewood, CO. Their prices on Spydercos are crazy good. I just need to make sure I stay out of Denver on foot. Inside a vehicle it doesn't matter anywhere in the state. I will probally start leaving the Police model for use at home and hiking. It's more than a little over the regs. Although I only OC it.
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