July 22, 2017

Colorado Court of Appeals: Concealed Weapon Statute Requires Person to Carry Weapon “Unlawfully”

The Colorado Court of Appeals issued its opinion in People in Interest of L.C. on Thursday, June 15, 2017.

Protection Order—Constitutionality—Evidence—Possession of Weapon.

A police officer observed L.C. in a public park after hours. The officer contacted L.C. and discovered that he was subject to a protection order, which provided, among other things, that L.C. was not to “possess or control a firearm or other weapon.” When the officer searched L.C.’s backpack, he found a knife with a five and one-half inch blade inside a sheath. L.C. was found guilty of violating a protective order and unlawfully carrying a concealed weapon. He was adjudicated delinquent and sentenced to probation. L.C. petitioned for district court review, which was denied.

On appeal, L.C. contended that C.R.S. § 18-12-105, which defines the offense of unlawfully carrying a concealed weapon, is unconstitutionally vague and overbroad. The statute is not unconstitutionally vague, and the merits of L.C.’s overbreadth argument were not addressed because he did not raise it in the district court. L.C. also contended that the evidence was insufficient to prove that he carried a concealed knife “on or about his . . . person,” as required to sustain a conviction for the statutory violation. He argued that because the knife was in a sheath in an interior zippered compartment of his backpack, it was not readily accessible and therefore was not “on or about” his person. The Court of Appeals disagreed with L.C.’s interpretation.

L.C. further contended that because the prosecution failed to prove that he did anything directed at the protected person named in the protection order, the evidence was insufficient to establish that he violated it. Violation of a protective order does not always require proof that the accused contacted the protected person. Thus, evidence that the protection order contained a provision prohibiting L.C. from possessing a weapon and that L.C. was found in possession of a weapon was sufficient to sustain his conviction for violation of a protection order.

The judgment was affirmed.

Summary provided courtesy of The Colorado Lawyer.

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