Denver Revised Municipal Code § 38-116 Defined terms.
Sec. 38-116. - Defined terms.
As used in this article, the following words and phrases shall have the following meanings:
(1) Assault weapon means any of the following firearms:
a. Any semiautomatic pistol or centerfire rifle, either of which have a fixed or detachable magazine with a capacity of more than fifteen (15) rounds.
b. Any semiautomatic shotgun with a folding stock or a magazine capacity of more than six (6) rounds or both.
c. Any part or combination of parts designed or intended to convert a firearm into a weapon identified in paragraphs a or b of this subsection (1), if those parts are in the possession or under the control of the same person.
d. Any firearm which has been modified to be operable as a weapon identified in paragraphs a or b of this subsection (1).
e. Assault weapon does NOT include any of the following: firearms that do not use fixed cartridges; firearms that were in production prior to 1898; manually operated bolt-action, lever action, and pump-action firearms; single-shot weapons; multiple-barrel weapons; revolvers; semiautomatic weapons for which there is a fixed magazine with capacity of less than fifteen (15) rounds available and which cannot accept a detachable magazine; semiautomatic weapons that use exclusively en bloc clips; semiautomatic weapons in production prior to 1954; rimfire weapons that employ a tubular magazine; firearms that use .22 caliber rimfire ammunition; or any assault weapon which has been modified either to render it permanently inoperable or to permanently make it a device no longer defined as an assault weapon.
(2) Bump stock means any device for a pistol, rifle, or shotgun that increases the rate of fire achievable with such weapon by using energy from the recoil of the weapon to generate a reciprocating action that facilitates repeated activation of the trigger.
(3) Firearm means any handgun, automatic, revolver, pistol, rifle, shotgun, or other instrument or device capable or intended to be capable of expelling a bullet, cartridge, or other projectile by the action of an explosive; the frame or receiver of any such weapon; or any firearm muffler or firearm silencer. The term shall include a weapon parts kit that is designed to or may be readily assembled, completed, converted, or restored to expel a projectile by the action of an explosive.
(4) Firearm frame or receiver means that part of a firearm which is at least partially exposed to the exterior when the complete weapon is assembled and which provides housing or structure designed to hold or integrate any component(s) that initiate, complete, or continue the firing sequence of a weapon that expels a projectile by the action of an explosive. "Firearm frame or receiver" includes any unfinished component of a firearm designed or intended to be used as a frame or receiver and which may be made into a complete firearm frame or receiver through milling or other means.
(5) Firework has the same meaning as C.R.S. § 24-33.5-2001(5), as amended, except that a firework does not include a permissible firework as defined in C.R.S. § 24-33.5-2001(11), as amended, that was not used or intended to be used for the purpose of causing injury to any person, or damage to property.
(6) Fixed cartridge means a self-contained unit consisting of the case, primer, propellant charge, and projectile or projectiles.
(7) Fixed magazine means an ammunition feeding device contained in or permanently attached to a firearm in such a manner that the device cannot be removed with a tool or without disassembly of the firearm action.
(8) Gas or mechanically operated gun shall have the same meaning as set forth in D.R.M.C. section 34-1, as amended.
(9) Illegal knife means any instrument with a blade that can be opened or expelled by putting pressure on a button or handle, including, but not limited to, a switchblade, gravity knife, butterfly knife, or ballistic knife.
(10) Incendiary or explosive device means a device that is not a firearm and is:
a. A firework, explosive bomb, grenade, missile, or similar device;
b. An incendiary bomb or grenade, fire bomb, or any similar device 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, except kerosene lamps;
c. 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, nitroglycerin and nitroglycerin mixtures; or
d. Any substance(s) or material(s) or combination(s) thereof which have been prepared or altered for use in the creation of an explosive or incendiary device identified in paragraphs a, b, or c of this subsection (10).
(11) Large capacity ammunition feeding device. A magazine, belt, drum, feed strip, or similar device for a firearm manufactured after September 13, 1994, that has a capacity of, or that can be readily restored or converted to accept, more than fifteen (15) rounds of ammunition. The term does not include an attached tubular device designed to accept, and capable of operating only with, .22 caliber rimfire ammunition, or a fixed device for a manually operated firearm, or a fixed device for a firearm listed in 18 U.S.C. 922, appendix A.
(12) Law enforcement officer means police officers, sheriffs, deputy sheriffs, Colorado State patrol officers, POST certified corrections officers, marshals, deputy marshals, district attorney investigators, Colorado Bureau of Investigation agents, parole or probation officers, or federal law enforcement officers, while engaged in the performance of their official duties or while engaged in off-duty employment. The term "law enforcement officer" also includes peace officers described in Part 1 of Article 2.5 of Title 16, C.R.S., as amended.
(13) Locked container means a secure container which is enclosed on all sides and locked by a padlock, key lock, combination lock, or similar device.
(14) Locking device means a device which temporarily prevents a firearm from functioning.
(15) Magazine means a box, drum, or other container that holds and feeds ammunition into a firearm.
(16) Minor has the same meaning as set forth in D.R.M.C. section 34-1, as amended.
(17) Motor vehicle has the same meaning as set forth in D.R.M.C. section 54-1, as amended.
(18) Non-serialized firearm means a firearm that lacks either a unique serial number engraved or cased in metal alloy on the frame or receiver by a licensed manufacturer, maker, or importer under federal law or markings in accordance with 27 C.F.R. § 479.102, as amended. A non-serialized firearm shall include a firearm where the manufacturer's serial number or other distinguishing number or identification mark has been removed, defaced, altered, or destroyed, except by normal wear and tear.
(19) Noxious substance means any substance capable of being used as a physiological irritant, including, but not limited to, OC spray, pepper spray, or mace.
(20) Nunchaku means an instrument consisting of two (2) or more sticks, clubs, bars, or rods to be used as handles, connected by a rope, cord, wire, or chain in the design of a weapon used in connection with the practice of a system of self-defense such as karate.
(21) Obstruction equipment means any tool, object, instrument, or other article adapted, designed, or intended to be used for obstructing the public's ability to freely move about on roadways, sidewalks, or any other area to which the public or a substantial group of the public has access or for inhibiting emergency equipment from being moved without impediment or delay. The term shall include, but is not limited to, any sections of pipe or containers filled with or wrapped in weighted material, handcuffs, chains, carabiners, padlocks, or other obstructive devices.
(22) Semiautomatic means a weapon that employs a magazine and fires a single projectile for each single pull of the trigger, which automatically chambers the next round for firing.
(23) Weapon means any item, instrument, device, or noxious substance that, in the manner it is used, intended to be used, or threatened to be used, is capable of inflicting bodily harm or physical damage, including, but not limited to, sling shots, blackjacks, nunchaku, gas or mechanically operated guns, brass knuckles or artificial knuckles, illegal knives, knives having a blade greater than three and one-half (3½) inches in length, firearms, assault weapons, non-serialized firearms, and incendiary or explosive devices.
(Ord. No. 1493-21, § 4, 1-3-22; Ord. No. 401-22, § 1, 5-16-22)
