(1) As used in this section:
(a) (I) Explosive or incendiary device means:
(A) Dynamite and all other forms of high explosives, including, but not
limited to, water gel, slurry, military C-4 (plastic explosives), blasting agents to
include nitro-carbon-nitrate, and ammonium nitrate and fuel oil mixtures, cast
primers and boosters, R.D.X., P.E.T.N., electric and nonelectric blasting caps,
exploding cords commonly called detonating cord or det-cord or primacord, picric
acid explosives, T.N.T. and T.N.T. mixtures, and nitroglycerin and nitroglycerin
mixtures;
(B) Any explosive bomb, grenade, missile, or similar device; and
(C) Any incendiary bomb or grenade, fire bomb, or similar device, including
any device, except kerosene lamps, which consists of or includes a breakable
container including a flammable liquid or compound and a wick composed of any
material which, when ignited, is capable of igniting such flammable liquid or
compound and can be carried or thrown by one individual acting alone.
(II) Explosive or incendiary device shall not include rifle, pistol, or shotgun
ammunition, or the components for handloading rifle, pistol, or shotgun ammunition.
(b) (I) Explosive or incendiary parts means any substances or materials or
combinations thereof which have been prepared or altered for use in the creation of
an explosive or incendiary device. Such substances or materials may include, but
shall not be limited to, any:
(A) Timing device, clock, or watch which has been altered in such a manner
as to be used as the arming device in an explosive;
(B) Pipe, end caps, or metal tubing which has been prepared for a pipe bomb;
(C) Mechanical timers, mechanical triggers, chemical time delays, electronic
time delays, or commercially made or improvised items which, when used singly or
in combination, may be used in the construction of a timing delay mechanism, booby
trap, or activating mechanism for any explosive or incendiary device.
(II) Explosive or incendiary parts shall not include rifle, pistol, or shotgun
ammunition, or the components for handloading rifle, pistol, or shotgun ammunition,
or any signaling device customarily used in operation of railroad equipment.
(2) (a) Any person who knowingly possesses or controls an explosive or
incendiary device commits a class 5 felony.
(b) Any person who knowingly manufacturers, gives, mails, sends, or causes
to be sent an explosive or incendiary device commits a class 4 felony.
(2.5) (a) Any person who knowingly possesses or controls a chemical,
biological, or radiological weapon commits a class 4 felony.
(b) Any person who knowingly manufacturers, gives, mails, sends, or causes
to be sent a chemical, biological, or nuclear weapon commits a class 3 felony.
(3) Subsection (2) of this section shall not apply to the following persons:
(a) A peace officer while acting in his official capacity transporting or
otherwise handling explosives or incendiary devices;
(b) A member of the armed forces of the United States or Colorado National
Guard while acting in his official capacity;
(c) An authorized employee of the office of active and inactive mines in the
division of reclamation, mining, and safety while acting within the scope of his or
her employment;
(d) A person possessing a valid permit issued under the provisions of article
7 of title 9, C.R.S., or an employee of such permittee acting within the scope of his
employment;
(e) A person who is exempt from the necessity of possessing a permit under
the provisions of section 9-7-106 (5), C.R.S., or an employee of such exempt person
acting within the scope of his employment;
(f) A person or entity authorized to use chemical, biological, or radiological
materials in their lawful business operations while using the chemical, biological, or
radiological materials in the course of legitimate business activities. Authorized
users shall include clinical, environmental, veterinary, agricultural, public health, or
radiological laboratories and entities otherwise licensed to possess radiological
materials.
(4) Any person who knowingly uses or causes to be used or gives, mails,
sends, or causes to be sent an explosive or incendiary device or a chemical,
biological, or radiological weapon or materials in the commission of or in an attempt
to commit a felony commits a class 2 felony.
(5) Any person who removes or causes to be removed or carries away any
explosive or incendiary device from the premises where the explosive or incendiary
device is kept by the lawful user, vendor, transporter, or manufacturer thereof,
without the consent or direction of the lawful possessor, commits a class 4 felony.
(5.5) Any person who removes or causes to be removed or carries away any
chemical, biological, or radiological weapon from the premises where the chemical,
biological, or radiological weapon is kept by the lawful user, vendor, transporter, or
manufacturer thereof, without the consent or direction of the lawful possessor,
commits a class 3 felony.
(6) Any person who possesses any explosive or incendiary parts commits a
class 5 felony.
(6.5) Any person who possesses any chemical weapon, biological weapon, or
nuclear weapon parts commits a class 4 felony.
(7) Any person who manufactures or possesses or who gives, mails, sends, or
causes to be sent any false, facsimile, or hoax explosive or incendiary device or
chemical, biological, or radiological weapon to another person or places any such
purported explosive or incendiary device or chemical, biological, or radiological
weapon in or upon any real or personal property commits a class 5 felony.
(8) Any person possessing a valid permit issued under the provisions of
article 7 of title 9, C.R.S., or an employee of such permittee acting within the scope
of his employment, who knowingly dispenses, distributes, or sells explosive or
incendiary devices to a person who is not authorized to possess or control such
explosive or incendiary device commits a class 4 felony.
L. 74: Entire section added, p. 256, § 1, effective March 21. L. 77: (4) amended, p. 971, § 64, effective July 1; entire section R&RE, p. 992, § 1, effective July 1. L. 81: (1)(a)(I)(A) and (7) amended, p. 977, § 21, effective July 1. L. 84: (8) added, p. 539, § 18, effective July 1. L. 92: (3)(c) amended, p. 1970, § 72, effective July 1. L. 2001: (2) amended, p. 857, § 1, effective July 1. L. 2002: (2.5), (3)(f), (5.5), and (6.5) added and (4) and (7) amended, pp. 1195, 1196, §§ 1, 2, effective June 3. L. 2003: (5) and (5.5) amended, p. 1428, § 11, effective April 29; (5.5) amended, p. 1433, § 26, effective July 1. L. 2006: (3)(c) amended, p. 213, § 3, effective August 7. L. 2023: (2), (2.5), (5), (5.5), (6), and (6.5) amended, (HB 23-1293), ch. 298, p. 1792, § 48, effective October 1.
Amendments to subsection (5.5) by sections 11 and 26 of HB 03-1236 were harmonized.
