(1) A person commits a class 1 misdemeanor if:
(a) He knowingly and unlawfully aims a firearm at another person; or
(b) Recklessly or with criminal negligence he discharges a firearm or shoots
a bow and arrow; or
(c) He knowingly sets a loaded gun, trap, or device designed to cause an
explosion upon being tripped or approached, and leaves it unattended by a
competent person immediately present; or
(d) The person has in his or her possession a firearm while the person is
under the influence of intoxicating liquor or of a controlled substance, as defined in
section 18-18-102 (5). Possession of a permit issued under section 18-12-105.1, as it
existed prior to its repeal, or possession of a permit or a temporary emergency
permit issued pursuant to part 2 of this article is no defense to a violation of this
subsection (1).
(2) (a) A person commits a class 2 misdemeanor if the person knowingly
aims, swings, or throws a throwing star or nunchaku as defined in this subsection
(2)(b) at another person, or the person knowingly possesses a throwing star or
nunchaku in a public place except for the purpose of presenting an authorized
public demonstration or exhibition or pursuant to instruction in conjunction with an
organized school or class. When transporting throwing stars or nunchaku for a
public demonstration or exhibition or for a school or class, they shall be transported
in a closed, nonaccessible container.
(b) For purposes of this subsection (2), nunchaku means an instrument
consisting of two sticks, clubs, bars, or rods to be used as handles, connected by a
rope, cord, wire, or chain, which is in the design of a weapon used in connection with
the practice of a system of self-defense, and throwing star means a disk having
sharp radiating points or any disk-shaped bladed object which is hand-held and
thrown and which is in the design of a weapon used in connection with the practice
of a system of self-defense.
L. 71: R&RE, p. 482, § 1. C.R.S. 1963: § 40-12-106. L. 77: (1)(a) and (1)(c) amended, p. 971, § 63, effective July 1. L. 81: (1)(d) amended, p. 738, § 25, effective July 1. L. 82: (1)(d) amended, p. 623, § 18, effective April 2. L. 84: (1)(e) added, p. 539, § 17, effective July 1. L. 2003: (1)(d) amended, p. 649, § 5, effective May 17. L. 2012: (1)(d) amended, (HB 12-1311), ch. 281, p. 1620, § 48, effective July 1. L. 2021: Entire section amended, (SB 21-271), ch. 462, p. 3209, § 345, effective March 1, 2022.
