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JB Umphrey
JB Umphrey, Attorney
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is it legal to carry a tomahawk as a self defense weapon in

Resolved Question:

is it legal to carry a tomahawk as a self defense weapon in colorado? for an exact example of the weapon i am asking about:

SUMMARY: 13 inch all-steel integral designed tactical tomahawk (no head-handle separation...ever). 4140 differentially hardened alloy steel. Includes Kydex Bottom eject scabbard. MIL-Spec Parkerized finish. Choose either black (gray) or desert camo micarta handle. Overall length - 13 inches. Length forward cutting edge - 3 inches. Length of spike - 3 inches. Tomahawk and Scabbard - less than 3 lbs.

http://www.rmjtactical.com/
Submitted: 5 years ago.
Category: Legal
Expert:  JB Umphrey replied 5 years ago.
Thank you for using JustAnswer!

No, it is considered to be a "dangerous weapon."

A dangerous weapon is an article of offense which in its intended or easily adaptable use is likely to produce death or serious bodily injury. Hutton v. People, 156 Colo. 334, 398 P.2d 973 (1965).

The issue in evaluating whether a device is a deadly weapon is whether, in the manner it was used, the device could have caused death or serious bodily injury. The fact that in this particular case death or serious bodily injury did not occur is irrelevant. People in Interest of J.R., 867 P.2d 125 (Colo. App. 1993).
     
Good luck and best wishes! I hope that you find this information to be helpful and this answer to be ACCEPTable!
Customer: replied 5 years ago.
can the weapon still be used for self defense in the house?
Expert:  JB Umphrey replied 5 years ago.
That's a hard question to answer. On the one hand, you are the king of your castle when it comes to the house. Also, when threatened with physical injury, you have the right to defend yourself.

However, just like with a gun, you run the risk that you or someone else could use it for something that didn't involve self-defense. In that case, it's possession of a dangerous weapon and it's a crime.
Customer: replied 5 years ago.
sorry to drag this out longer, but i have looked up the "dangerous" and "illegal" weapons code and it says in part:

18-12-102. Possessing a dangerous or illegal weapon - affirmative defense.

(1) As used in this section, the term "dangerous weapon" means a firearm silencer, machine gun, short shotgun, short rifle, or ballistic knife.

(2) As used in this section, the term "illegal weapon" means a blackjack, gas gun, metallic knuckles, gravity knife, or switchblade knife.


am i looking up the wrong area? can you pinpoint the statute for me?
Expert:  JB Umphrey replied 5 years ago.
You are looking up statutory law -- the law passed by the legislature. I referenced case law -- decisions handed down by Colorado courts where individuals were charged with dangerous weapon crimes. You are subject to all of them.

The cases I listed were cited at the bottom of the definitions found at 18-1-901
JB Umphrey, Attorney
Category: Legal
Satisfied Customers: 20232
Experience: Explains legal matters based on 14+ years experience.
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