Colorado law divides knives into three main categories:
- Knives you can never carry: This includes “illegal knives” such as ballistic knives and blackjacks.
- Knives you can carry openly. This includes “legal knives.” Therefore, you can openly carry anything that is not a ballistic knife or blackjack.
- Knives you can carry concealed: This includes “legal knives” with blades shorter than 3.5.” This also includes hunting/fishing knives of any blade length.
Note that switchblades are legal to carry except in certain cities like Denver. Plus all knives are banned from school property.
The statute 18-12-101 C.R.S. defines “knife” as:
[A]ny 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.
Penalties
Violating Colorado knife laws can be a misdemeanor or felony depending on the offense:
Knife crime | Colorado penalty |
Carrying concealed with a blade exceeding 3.5″ (18-12-105 C.R.S.) | Class 1 misdemeanor:
|
Carrying a ballistic knife (18-12-102 C.R.S.) | First offense
Second offense
|
Carrying a knife at a school (18-12-105.5 C.R.S.) | Class 6 felony:
|
Defenses
Five common defenses to knife charges may include:
- The weapon does not fit the definition of “knife“;
- The blade was 3.5″ or less;
- You did not knowingly carry the knife;
- The knife was for hunting or fishing purposes; or
- The police performed an illegal search
In this article, our Denver criminal defense attorneys discuss:
- 1. Can I openly carry knives in Colorado?
- 2. Can I conceal carry knives?
- 3. What knives are illegal to carry?
- 4. What places prohibit knives?
- 5. Can I carry hunting and fishing knives?
- 6. What are the penalties?
- 7. What are common defenses?
- 8. Can the case be sealed?
- 9. What are the immigration consequences?
1. Can I openly carry knives in Colorado?
With some exceptions, yes. You may open carry knives in Colorado, even machetes. “Open carry” means carrying knives so they are visible to others. Examples include:
- Holding in your hand or under your arm;
- Carrying on an outside waistband (OWB) or belt (drop leg or dangle);
- Carrying on a necklace; or
- Carrying in a clip attached to the outside of a bag
Keep reading to learn which knives are illegal and what locations are restricted.
2. Can I conceal carry knives?
You may knowingly carry knives concealed in Colorado if the blade is 3.5 inches or less. This includes fixed blade knives as well. Examples of concealed carry include:
- Carrying on a waistband if other clothes are covering it;
- Carrying in a purse or backpack; or
- Carrying in a pocket
Carrying a knife with a blade bigger than 3.5 inches is usually illegal. Knives that typically have blades that exceed 3.5 inches include:
- Cooking knives and cleavers
- Ceremonial knives
- Certain pocketknives and folding knives
- Bowie knives
You may lawfully conceal carry knives with 3.5+ inch blades if you are at your own home, property, or place of business. You can also conceal carry these knives in a private automobile (or other private transportation) for lawful protection purposes. Note that there is also an exemption of the concealed carry law for law enforcement officers.1
CCW permits are usually not necessary to carry concealed knives in Colorado. But you should check with your county sheriff to make sure.
3. What knives are illegal?
Ballistic knives are illegal knives to carry in Colorado. The law defines them as “dangerous weapons.”2 Ballistic knives have blades that forcefully project from the handle by:
- A spring-loaded device; or
- An explosive charge3
Blackjacks are also illegal in Colorado.
Switchblades and gravity knives are now legal under Colorado state law. Switchblade knives are “automatic knives” that open automatically by hand pressure applied to a button, spring, or other device in its handle. And gravity knives open by the force of gravity.
Note that butterfly knives (a.k.a. balisong knives) exist in a legal grey area. Arguably, they are gravity knives and therefore are not illegal weapons. However, there is no case precedence showing that the repeal of the gravity knife ban applies to butterfly knives.
However, switchblades and gravity knives remain illegal in certain municipalities and cities, including:
- Denver
- Aurora
- Boulder, and
- Lakewood
Note it is illegal everywhere to conceal carry these knives if the blade exceeds 3.5 inches.4
4. What places prohibit knives?
Deadly weapons such as knives may not be carried on school grounds under Colorado state knife law. This includes:
- Pre-school;
- Kindergarten through 12th grade (secondary school); and
- Post-graduate (college, technical school, etc., even though the students are not minors)5
There are some exceptions to this rule. You may take knives to school when either:
- The knife remains in a vehicle while at a public or private college, university, or seminary. This does not include lower grades such as pre-K, lower school, middle school, or high school;
- You are in a private automobile (or other private means of traveling). And you are carrying for self-defense;
- You are a school resource officer;6 or
- You possess the weapon for an approved educational program7
5. Can I carry hunting and fishing knives?
Yes. You can carry hunting and fishing knives for sports use. In fact, hunting knives and fishing knives are not included in Colorado’s legal definition of “knife”.
This means you can carry hunting and fishing knives openly or concealed. It does not matter how long the blade is. Defendants prosecuted for carrying these knives can raise an affirmative defense that they were for hunting or fishing.8
6. What are the penalties?
6.1. Carrying a concealed knife with a blade exceeding 3.5″
It is a class 1 misdemeanor to carry a concealed knife in Colorado with a blade longer than three-and-a-half inches. The punishment is:
- Up to 364 days in jail; and/or
- Up to $1,000 in fines9
Carrying a ballistic knife
A first-time offense of carrying a ballistic knife in Colorado is a class 5 felony. The sentence is:
- 1 to 3 years in prison (with 2 years parole); and/or
- $1,000 to $100,000 in fines
Subsequent offenses are class 4 felonies. The sentence is:
- 2 to 6 years in prison (with 3 years parole); and/or
- $2,000 to $500,000 in fines10
Defendants convicted of a felony knife crime will also lose their gun rights.
Carrying a knife on school grounds
It is a class 6 felony to unlawfully take a knife on school property. The punishment is:
- 1 year to 18 months in prison (with 1-year parole); and/or
- $1,000 to $100,000 in fines11
Defendants convicted of a felony knife crime will also lose their gun rights.
7. What are common defenses?
There are several ways to fight Colorado knife charges. Depending on the case, ten typical defenses include:
- The knife does not meet the legal definition of a knife;
- The blade was 3.5 inches or less;
- The knife was not concealed;
- The knife was for hunting or fishing;
- The knife was on your property;
- You were not on school grounds;
- You did not knowingly carry the knife (perhaps it was planted, which means there was no unlawful possession since you were not aware of it);
- The police or peace officer found the knife through an illegal search;
- You had no intention of using the knife as a weapons;12 or
- You were falsely accused.
Another possible defense is state preemption: This is when state law overrides a local, municipal law. Preemption typically applies when you are traveling in a private vehicle:13
Example: Bill is carrying a switchblade while driving through Denver en route to Trinidad, where switchblades are legal. A Denver police officer sees Bill and cites him for carrying a switchblade. But since Bill was in his own car passing through Denver, the charge might be dismissed. Colorado’s law allowing switchblades preempts Denver’s local law prohibiting them.
Most criminal cases settle through negotiations and possibly a plea deal. If the case goes to trial, the D.A. has the burden to prove guilt beyond a reasonable doubt.
8. Can the case be sealed?
Class 1 misdemeanor convictions can be sealed three years after the case ends. Class 2 misdemeanor convictions can be sealed two years after the case ends. For class 4, 5, and 6 felonies, it is three years.
But if the charge gets dismissed, then you can petition for a record seal right away. Learn how to get a Colorado criminal record seal.
9. What are the immigration consequences?
Carrying a ballistic knife or carrying deadly weapons to a school may be deportable.
Non-citizens of the United States who are facing weapons-related charges should consult with a skilled attorney right away. The attorney may be able to persuade prosecutors to lessen or drop the charges to non-removable offenses.
Learn more about the criminal defense of immigrants in Colorado.
Legal References
- 18-12-105 C.R.S.
- 18-12-102 C.R.S.
- 18-12-101(a.3) C.R.S.
- Noel Brennan, “It is now legal to carry a switchblade in Colorado“, 9 News (August 9, 2017); Colorado SB 17-008; Denver Municipal Code Sec. 38-117 (local ordinance).
- 18-12-105.5 C.R.S.
- 22-32-109.1 C.R.S.
- 18-12-105.5(3) C.R.S.
- 18-12-101 C.R.S.
- 18-12-105 C.R.S. Prior to March 1, 2022, carrying concealed with a blade exceeding 3.5″ was a class 2 misdemeanor carrying 3 to 12 months in jail, and/or $250 to $1,000.
- 18-12-102 C.R.S.
- 18-12-105.5 C.R.S.
- A.P.E., a Juvenile v. Colorado, (Colo. Sup. Ct., 2001) 20 P.3d 1179.
- 18-12-105.6 C.R.S.