1891 Colo. Sess. Laws 129-30

SECTION 1. That Section 182 of Chapter XXV of the General Statutes of Colorado, entitled "Criminal Code" being general section 870, as the same was amended April 10, 1885, be, and the same is hereby amended so as to read as follows: SECTION 182. If any person, or persons shall within any city, town or village in this State, whether the same is incorporated or not carry concealed upon his, her, or their person any pistol, revolver, derringer, bowie-knife, razor, dagger, sling-shot or other deadly weapon, such person, or persons shall upon conviction thereof before any police magistrate or justice of the peace, be punished by imprisonment in the county jail for a term not exceeding thirty days, or by a fine of not more than fifty dollars with costs or by both such fine and imprisonment, in the discretion of the court; and in case any such fine is not paid, the offender may be committed to, and confined in the county, or city jail one day for each two dollars of such fine, or until such fine is paid in money or by such confinement. The foregoing provisions shall not apply any sheriff, or deputy sheriff, constable, policeman or other peace officer within their county, or while upon peace officers duty; but such officers shall have and produce upon demand, a certificate from the proper authority, showing that they are officers within this exception; or, in default thereof, may be fined to the same extent and in the same manner as is hereafter provided in this section. It is hereby made the duty of all sheriffs, deputy sheriffs, constables, marshals, policemen and detectives to search, arrest without a warrant all persons suspected of violating this warrant section, and to arrest, without a warrant, all persons found violating the provisions of this section, and to bring him, her or them before the nearest justice of the peace or police magistrate, to be summarily tried for such offense. shall fail, neglect or refuse to search any person or persons suspected of violating this section, upon the request of any reputable freeholder of the county such officer so failing, neglecting or refusing to search such person or persons as requested, and to arrest in such case, if this section is being violated shall be liable to a fine of not less than twenty-five dollars and costs of suit for each failure or refusal to act, to be recoverable in a suit before a justice of the peace on complaint of the freeholder making such request; one-half of such fine to be paid to complainant, and the balance to be paid to the school fund in the district in which complainant is a taxpayer. All concealed weapons taken from parties violation [violating] this section, shall be forfeited to the county, and confiscated and sold at auction for the benefit of the school fund of the county in which the offense is committed. SEC. 2. In the opinion of this general assembly, an emergency exists; therefore this act shall be in force and take effect from and after its passage.