QUESTION

carrying a bowie knife

Asked on Aug 28th, 2017 on Criminal Law - Colorado
More details to this question:
Hello I have a conviction from 2002 accessory to Grand Theft Auto it's been dismissed it's a felony class 4 and class 2 misdemeanor can i carry a bowie knife
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1 ANSWER

Criminal Defense Attorney serving Boulder, CO at Miller & Harrison, LLC
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If the felony was dismissed as you say, then you are not a felon and therefore the fact you were charged with a felony is of no consequence.  But you say you "were convicted but now it has been dismissed". That makes no sense. Under COLORADO law (NOTE- other states and FEDERAL laws may differ) Having a felony doesn't necessarily preclude carrying a bowie knife. HOWEVER, the size of the blade and HOW it is carried can make a difference - a blade over 3.5 inches long is illegal in many settings - here are the laws to consider:  18-12-108(1) A person commits the crime of possession of a weapon by a previous offender if the person knowingly possesses, uses, or carries upon his or her person a firearm as described in section 18-1-901(3)(h) or any other weapon that is subject to the provisions of this article subsequent to the person's conviction for a felony, or subsequent to the person's conviction for attempt or conspiracy to commit a felony, under Colorado or any other state's law or under federal law. 18-12-101(1)(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. 18-12-105 (1) A person commits a class 2 misdemeanor if such person knowingly and unlawfully:(a) Carries a knife concealed on or about his or her person;  
Answered on Aug 29th, 2017 at 7:42 AM

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