§ 38-131. Unlawful storage of firearms.

(a)

As used in this section, the following definitions shall apply:

(1)

Firearm means a pistol, revolver, rifle, shotgun, machine gun, air gun, gas operated gun, or spring gun.

(2)

Locked container means a secure container which is enclosed on all sides and locked by a padlock, key lock, combination lock or similar device.

(3)

Locking device means a device which temporarily prevents the firearm from functioning.

(4)

Minor means a person who has not reached his or her eighteenth birthday.

(b)

It shall be unlawful for any person to store, control or possess any firearm within or upon any premises of which that person has an ownership interest, custody or control, in such a manner that that person knows, or should know, that a minor is likely to gain possession of the firearm and in the event that the minor does, in fact, obtain possession of the firearm.

(c)

Subsection (b) shall not apply whenever any of the following occurs:

(1)

The minor obtains the firearm as a result of an illegal entry to the premises.

(2)

The firearm is kept in a locked container, access to which is not available to a minor.

(3)

The firearm is equipped with, and has in place, a locking device, the means of removal of which is not available to a minor.

(4)

The minor obtains the firearm in a lawful act of self-defense, or defense of the minor's home or property.

(5)

The minor obtains the firearm during the course of, or incidental to, being legally summoned to the aid of a Colorado peace officer or a member of the United States armed forces or the Colorado National Guard in the performance of their duties.

(Ord. No. 537-93, § 1, 7-12-93)