Colorado law permits you to openly carry any legal knife, which includes switchblades. However, carrying concealed any non-hunting/non-fishing knife with a blade longer than 3.5 inches is a class 1 misdemeanor. The penalties include up to 364 days in jail and/or up to $1,000 in fines.
Before you carry your switchblade, be sure to check your local ordinances. Certain cities have stricter restrictions on carrying knives.
Below, our Denver Colorado criminal defense lawyers discuss the following frequently asked questions about the possession of switchblades for Colorado residents:
- 1. Switchblades Explained
- 2. Legality
- 3. Carrying Switchblades
- 4. Frequently-Asked-Questions
- Additional Reading
1. Switchblades Explained
A switchblade knife means any knife, the blade of which opens automatically by hand pressure applied to a button, spring, or other device in its handle.1
2. Legality
Switchblades are now legal under Colorado state law.
On August 9, 2017, a Colorado law took effect removing switchblades from the “illegal weapons” category.2 Previously, possessing a switchblade was a violation of CRS 18-12-102 and carried penalties of :
- 6 – 18 months in jail, and/or
- A fine of $500 – $5,000.
3. Carrying Switchblades
Colorado state law permits the open carry of switchblades. However, CRS 18-12-105 makes it a class 1 misdemeanor to conceal carry switchblades with blades longer than 3.5 inches unless you have a sheriff’s permit. The penalties include:
- 364 days in jail and/or
- up to $1,000 in fines.
Some localities have even more restrictive laws. In the city of Denver for instance, a switchblade is still considered an “illegal knife.” The penalties for merely possessing a switchblade increase with each successive conviction:
- First offense: $500
- Second offense: $750
- Third or subsequent offense: $999.3
Whether state law preempts or overrides these city ordinances is still an open question, subject to being tested in a court. In all likelihood, you do not want to be the “test case” for this issue, so you should exercise caution about carrying a switchblade in cities that ban them.
4. Frequently-Asked-Questions
What are switchblades?
Switchblades comprise any knife with a blade that opens automatically by hand pressure applied to a:
- button,
- spring, or
- other device
in its handle.
Switchblades are the opposite of a fixed-blade knife like a dirk or dagger.
Are switchblades the same as butterfly knives?
No. Butterfly knives (also called balisongs) require manual manipulation to open. There is no automatic mechanism like with switchblades.
Both types of knives are legal in Colorado.
Is it illegal to carry a switchblade longer than 3.5 inches?
A switchblade longer than 3.5 inches is illegal to carry concealed in Colorado unless you have a sheriff’s permit. This does not apply to:
- hunting knives; or
- fishing knives.
A knife that is 3.5 inches or shorter is not a “weapon” as long as the prosecution cannot prove that you intended to use it as a weapon.3
However, some localities prohibit switchblades of any length. Be sure to check local laws before possessing or carrying switchblades.
Can I carry a 3.5 inch or longer switchblade if it is not concealed?
If your blade is carried in the open, it is not a violation of Colorado law to carry a blade that is longer than 3.5 inches.
However, openly carrying switchblades can be a crime in certain cities or counties. Check your local laws.
Can I bring switchblades to school?
No. CRS 18-12-105.5 makes it a class 6 felony to bring deadly weapons such as knives onto school or university property. Penalties include:
- 1 to 18 months years in prison, and/or
- $1,000 to $100,000 in fines.
Additional Reading
For more in-depth information, refer to these scholarly articles:
- Criminal Use of Switchblades: Will the Recent Trend towards Legalization Lead to Bloodshed? – Connecticut Public Interest Law Journal.
- Eradicating ‘This Dreadful Knife Problem’: Legislative and Judicial Initiatives against Knife Possession – Youth Justice.
- Man finds 2nd Amendment protects his use of banned switchblade – Wisconsin Law Journal.
- Knives and the Second Amendment – University of Michigan Journal of Law Reform.
- The Evolution of a Social Problem: The Case of the Switchblade Knife – Deviant Behavior.
Legal References:
- CRS 18-12-101(j).
- CRS 18-12-102 (Possessing a dangerous or illegal weapon – affirmative defense).
- Denver Municipal Codes Sec. 38-116 and Sec. 38-117 and Sec. 38-128.
- A.P.E. v. People, 20 P.3d 1179 (2001).