C.R.S. Section 18-12-109
Possession, use, or removal of explosives or incendiary devices

  • possession of components thereof
  • chemical, biological, and nuclear weapons
  • persons exempt
  • hoaxes

(1)

As used in this section:

(a)

Intentionally left blank —Ed.

(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)

Intentionally left blank —Ed.

(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)

Intentionally left blank —Ed.

(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)

Intentionally left blank —Ed.

(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.

Source: Section 18-12-109 — Possession, use, or removal of explosives or incendiary devices - possession of components thereof - chemical, biological, and nuclear weapons - persons exempt - hoaxes, https://leg.­colorado.­gov/sites/default/files/images/olls/crs2023-title-18.­pdf (accessed Oct. 20, 2023).

18‑12‑101
Peace officer affirmative defense - definitions 18‑12‑102
Possessing a dangerous or illegal weapon - affirmative defense - definition 18‑12‑103
Possession of a defaced firearm 18‑12‑103.5
Defaced firearms - contraband - destruction 18‑12‑104
Defacing a firearm 18‑12‑105
Unlawfully carrying a concealed weapon - unlawful possession of weapons 18‑12‑105.5
Unlawfully carrying a weapon - unlawful possession of weapons - school, college, or university grounds 18‑12‑105.6
Limitation on local ordinances regarding firearms in private vehicles 18‑12‑106
Prohibited use of weapons - definitions 18‑12‑106.5
Use of stun guns 18‑12‑107
Penalty for second offense 18‑12‑107.5
Illegal discharge of a firearm - penalty 18‑12‑108
Possession of weapons by previous offenders 18‑12‑108.5
Possession of handguns by juveniles - prohibited - exceptions - penalty 18‑12‑108.7
Unlawfully providing or permitting a juvenile to possess a handgun - penalty - unlawfully providing a firearm other than a handgun to a juvenile - penalty 18‑12‑109
Possession, use, or removal of explosives or incendiary devices - possession of components thereof - chemical, biological, and nuclear weapons - persons exempt - hoaxes 18‑12‑110
Forfeiture of firearms 18‑12‑111
Unlawful purchase of firearms 18‑12‑111.5
Unlawful conduct involving an unserialized firearm, frame, or receiver - exceptions - penalties - authority to serialize a firearm 18‑12‑112
Private firearms transfers - sale and purchase - background check required - penalty - definitions 18‑12‑112.5
Firearms transfers by licensed dealers - sale and purchase - background check required - penalty - definitions 18‑12‑113
Failure to report a lost or stolen firearm - exception 18‑12‑114
Secure firearm storage required - penalty - exceptions 18‑12‑115
Waiting period for firearms sales - background check required - penalty - exceptions 18‑12‑201
Legislative declaration 18‑12‑202
Definitions 18‑12‑203
Criteria for obtaining a permit 18‑12‑204
Permit contents - validity - carrying requirements 18‑12‑205
Sheriff - application - procedure - background check 18‑12‑206
Sheriff - issuance or denial of permits - report 18‑12‑207
Judicial review - permit denial - permit suspension - permit revocation 18‑12‑208
Colorado bureau of investigation - duties 18‑12‑209
Issuance by sheriffs of temporary emergency permits 18‑12‑210
Maintenance of permit - address change - invalidity of permit 18‑12‑211
Renewal of permits 18‑12‑212
Exemption 18‑12‑213
Reciprocity 18‑12‑214
Authority granted by permit - carrying restrictions - local authority 18‑12‑215
Immunity 18‑12‑301
Definitions 18‑12‑302
Large-capacity magazines prohibited - penalties - exceptions 18‑12‑303
Identification markings for large-capacity magazines - rules 18‑12‑401
Definitions 18‑12‑402
Retail dealers - record - inspection 18‑12‑403
Record - failure to make - penalty 18‑12‑404
Jurisdiction - county courts 18‑12‑405
Locking device required - penalty 18‑12‑501
Background checks at gun shows - penalty 18‑12‑502
Records - penalty 18‑12‑503
Fees imposed by licensed gun dealers 18‑12‑504
Posted notice - penalty 18‑12‑505
Exemption 18‑12‑506
Definitions 18‑12‑507
Appropriation 18‑12‑508
Effective date
Green check means up to date. Up to date

Current through Fall 2024

§ 18-12-109’s source at colorado​.gov