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Posted: 1/26/2006 9:17:43 AM EDT
I just got my AZ CCW and am currently attending college (Mines) in CO. Can I carry on my person while in a vehicle? How about in a holster in the console?
Link Posted: 1/26/2006 1:06:41 PM EDT
www.packing.org

but basically a loaded handgun is ok in colorado in your car. a loaded long gun is not.

Brian
Link Posted: 1/26/2006 1:47:14 PM EDT
Yeah, what he said. However, we have a pre-emption statute here, in which state law pre-empts local ordinances. Denver's city council is convinced that it doesn't apply to them, and I think they're still claiming that the other 63 counties' CCW licenses (and probably reciprocity agreements with other states) don't apply to them.

Outside of Denver you should be fine. Inside of Denver, well, I don't usually go into Denver anymore for that and other reasons.
Link Posted: 1/27/2006 5:07:07 AM EDT

Originally Posted By un-tactical:
Yeah, what he said. However, we have a pre-emption statute here, in which state law pre-empts local ordinances. Denver's city council is convinced that it doesn't apply to them, and I think they're still claiming that the other 63 counties' CCW licenses (and probably reciprocity agreements with other states) don't apply to them.

Outside of Denver you should be fine. Inside of Denver, well, I don't usually go into Denver anymore for that and other reasons.



I do NOT support smoking pot! That being said upfront...its funny how Denver feels State drugs laws over ride the recently passed local measure about possesion of pot, yet they do not recognize the state law regarding firearms as more important than a local law.
Link Posted: 1/28/2006 4:09:17 AM EDT

Originally Posted By un-tactical:
Yeah, what he said. However, we have a pre-emption statute here, in which state law pre-empts local ordinances. Denver's city council is convinced that it doesn't apply to them, and I think they're still claiming that the other 63 counties' CCW licenses (and probably reciprocity agreements with other states) don't apply to them.

Outside of Denver you should be fine. Inside of Denver, well, I don't usually go into Denver anymore for that and other reasons.



According to: State Laws Published Ordinances - Firearms 2005-26th edition (Aug 2005 revision).

18-12-105.6 Limitation on local ordinances regarding firearms in private vehicles


(2)(a) Based on the findings specified in subsection (1) of this section, the general assembly concludes that the carrying of weapons in private automobiles or other private means of conveyance for hunting or for lawful protection of a person's or another's person or property while traveling into through or within a municipal county or city and county jusisdiction, regardless of the number of times the person stops in a jurisdiction, is a matter of statewide concern and is not an offense.

(b) Notwithstanding any other provision of law, no municipality, county, or city and county shall have the authority to enact or enforce any ordinance or resolution that would restrict a person's ability to travel with a weapon in a private automobile or other private means of conveyance for hunting or for lawful protection of a person's or another's person or property while traveling into, through, or within, a municipal, county, or city and county jurisdiction.



I didn't type out all of subsection 1 because it's redundant and alot to write. Basically subsection 1 states that Denver passed a new LOCAL ordnance (sometime last year I believe) . At first there was debate over this but it has now been clarified. Since the general assembly understands that people will be and may HAVE to pass through Denver then Denver cannot restrict them with local ordnance. Denver basically has a law that they cannot enforce.
Link Posted: 1/28/2006 4:16:41 AM EDT
[Last Edit: 1/28/2006 4:21:14 AM EDT by Xenogy]
While we are on the subject. (For us Non-CCW people) As far as I know a handgun cannot be concealed within a car. It can't be under the seat, inside the glove box, or on your person. Is this correct?? I have always placed mine on the passenger seat while traveling. I have a sporty car with no room so the only possible place to put it is either there or the dashboard.

Link Posted: 1/28/2006 5:46:13 AM EDT
Xenogy,

In Colorado it is LEGAL to carry a handgun CONCEALED in an automobile. See Colorado Revised Statute (CRS) 18-12-105(2)(b):

"...It shall not be an offense if the defendant was:

(b) A person in a private automobile or other private means of conveyance who carries a weapon for lawful protection of such a person's or another's person or property while traveling..."
Link Posted: 1/28/2006 2:53:30 PM EDT
I had a cop tell me you cant have it hidden in your car? Any ideas on that?
Link Posted: 1/28/2006 7:53:16 PM EDT
This is one of those things that is tricky. It's really vague and there needs to be a definition of "carry". It doesn't say concealed carry so I would assume open carry would be the best description of "carry".

Now what about lawful hiking, hunting, fishing, or camping? Is that also meant to be open carry and not concealed? Anyone here carry a sidearm when hunting? If so how do you carry?

Link Posted: 1/28/2006 9:48:37 PM EDT
[Last Edit: 1/28/2006 9:49:42 PM EDT by HoodyHoo21]
You should probably look at the Schools restrictions as well....not that I know but maybe they dont want you to carry on campus.......Can they do that by the way?


Edit: I attend Colorado state and dont carry in my car because I am paraniod I will get in trouble

Link Posted: 1/28/2006 10:26:21 PM EDT

Originally Posted By HoodyHoo21:
You should probably look at the Schools restrictions as well....not that I know but maybe they dont want you to carry on campus.......Can they do that by the way?


Edit: I attend Colorado state and dont carry in my car because I am paraniod I will get in trouble




I'm always am very careful while reading/interpreting the law. So at the minimum for colleges it can be kept in your car if it is unloaded. For CCW people you can have it unloaded and locked in the glove box. Non-CCW you should keep it in the trunk and unloaded.
Link Posted: 1/28/2006 10:40:03 PM EDT
[Last Edit: 1/29/2006 3:36:48 PM EDT by Lexington]
Forgive me. I avoid novel-length posts like the plague, but CCW comes up frequently in this forum and it is often full of folklore. There is much more to the CCW law than I have posted below. Go to 198.187.128.12/colorado/lpext.dll?f=templates&fn=fs-main.htm&2.0 and read all of Title 18, Article 12.

Yes you can have a gun anywhere in the car.
Yes it can be in the car on school property.
Yes you can carry concealed while hunting.
Yes you can carry in a bar as long as you don't drink.
Yes private property owners can prohibit you from carrying on their property (think retail stores, properly posted.)


18-12-105. Unlawfully carrying a concealed weapon - unlawful possession of weapons.
Statute text
(1) A person commits a class 2 misdemeanor if such person knowingly and unlawfully:

(a) Carries a knife concealed on or about his or her person; or

(b) Carries a firearm concealed on or about his or her person; or

(c) Without legal authority, carries, brings, or has in such person's possession a firearm or any explosive, incendiary, or other dangerous device on the property of or within any building in which the chambers, galleries, or offices of the general assembly, or either house thereof, are located, or in which a legislative hearing or meeting is being or is to be conducted, or in which the official office of any member, officer, or employee of the general assembly is located.

(d) (Deleted by amendment, L. 93, p. 964, § 1, effective July 1, 1993.)

(2) It shall not be an offense if the defendant was:

(a) A person in his or her own dwelling or place of business or on property owned or under his or her control at the time of the act of carrying; or

(b) A person in a private automobile or other private means of conveyance who carries a weapon for lawful protection of such person's or another's person or property while traveling; or

(c) A person who, at the time of carrying a concealed weapon, held a valid written permit to carry a concealed weapon issued pursuant to section 18-12-105.1, as it existed prior to its repeal, or, if the weapon involved was a handgun, held a valid permit to carry a concealed handgun or a temporary emergency permit issued pursuant to part 2 of this article; except that it shall be an offense under this section if the person was carrying a concealed handgun in violation of the provisions of section 18-12-214; or

(d) A peace officer, as described in section 16-2.5-101, C.R.S., when carrying a weapon in conformance with the policy of the employing agency as provided in section 16-2.5-101 (2), C.R.S.; or

(e) (Deleted by amendment, L. 2003, p. 1624, § 46, effective August 6, 2003.)

(f) A United States probation officer or a United States pretrial services officer while on duty and serving in the state of Colorado under the authority of rules and regulations promulgated by the judicial conference of the United States.

History
Source: L. 71: R&RE, p. 482, § 1. C.R.S. 1963: § 40-12-105. L. 73: p. 683, § 3. L. 77: (2)(c) amended and (2)(d) added, p. 976, § 8, effective July 1. L. 81: (2)(c) amended, p. 1437, § 3, effective June 8. L. 86: (2)(d) amended and (2)(e) added, p. 774, § 2, effective July 1. L. 89: (1)(d) added, p. 911, § 1, effective April 15. L. 93: Entire section amended, p. 964, § 1, effective July 1. L. 94: (2)(e) amended and (2)(f) added, p. 647, § 1, effective July 1. L. 2000: IP(2) amended, p. 1009, § 1, effective August 2. L. 2003: (2)(c) amended, p. 648, § 3, effective May 17; (2)(d) and (2)(e) amended, p. 1624, § 46, effective August 6.

Annotations
Cross references: For affirmative defenses generally, see §§ 18-1-407, 18-1-710, and 18-1-805.

Annotations
ANNOTATION

Anno­tations
Am. Jur.2d. See 79 Am. Jur.2d, Weapons and Firearms, §§ 12-14, 16.

C.J.S. See 94 C.J.S., Weapons, §§ 9, 10.

Recognition of § 13 of art. II, Colo. Const. Section 13 of art. II, Colo. Const., has limiting language dealing with defense of home, person, and property. These limitations have been recognized by the general assembly in the enactment of this section, which restricts the right to bear arms in certain circumstances, while permitting in other circumstances the carrying of a concealed weapon in defense of home, person, and property, and also when specifically authorized by written permit. People v. Blue, 190 Colo. 95, 544 P.2d 385 (1975).

The words "about the person" means sufficiently close to the person to be readily accessible for immediate use. People in Interest of R.J.A., 38 Colo. App. 346, 556 P.2d 491 (1976).

The scope of subsection (2)(b) is clarified in § 18-12-105.6, which indicates the general assembly's intent that local ordinances on carrying weapons in private vehicles be preempted only insofar as they conflict with the provisions of § 18-12-105.6. Trinen v. City & County of Denver, 53 P.3d 754 (Colo. App. 2002).

The local ordinance concerning carrying a weapon in a private vehicle is not preempted since it can be harmonized with subsection (2)(b). Trinen v. City & County of Denver, 53 P.3d 754 (Colo. App. 2002).

Pistol tucked under edge of car seat. Where uncontested evidence established that pistol was tucked under the edge of a car seat on which petitioner was sitting, where it was within his easy reach, these circumstances constitute carrying a "firearm concealed on or about his person". People in Interest of R.J.A., 38 Colo. App. 346, 556 P.2d 491 (1976).

Question of whether weapon is concealed is question of fact for the jury which should not be summarily determined by the trial judge at the time that he rules on the defendant's motion to suppress. People v. Vincent, 628 P.2d 107 (Colo. 1981).

Former subsection (2)(c) did not confer power to issue permits for carrying concealed weapons to police chiefs and sheriffs. Douglass v. Kelton, 199 Colo. 446, 610 P.2d 1067 (1980).

Person receiving permit to carry concealed weapon cannot be convicted. Once a person receives a permit to carry a concealed weapon in a county or city, he may not be convicted under subsection (2)(c). Douglass v. Kelton, 199 Colo. 446, 610 P.2d 1067 (1980).

Statute as basis for jurisdiction. See People v. Pickett, 194 Colo. 178, 571 P.2d 1078 (1977).

Defendant could not be convicted of carrying a concealed weapon without the prosecution proving that defendant intended to use this short-bladed knife as a weapon. While the characteristics of an instrument may be an important factor in determining the intended purpose of an instrument, the language of the concealed weapons statute and established precedent establishes that a knife's design does not, by itself, prove that the person carrying it intended to use it as a weapon. A.P.E. v. People, 20 P.3d 1179 (Colo. 2001).

Applied in People v. Velasquez, 641 P.2d 943 (Colo. 1982); People v. Deschamp, 662 P.2d 171 (Colo. 1983).

18-12-105.5. Unlawfully carrying a weapon - unlawful possession of weapons - school, college, or university grounds.
Statute text
(1) A person commits a class 6 felony if such person knowingly and unlawfully and without legal authority carries, brings, or has in such person's possession a deadly weapon as defined in section 18-1-901 (3) (e) in or on the real estate and all improvements erected thereon of any public or private elementary, middle, junior high, high, or vocational school or any public or private college, university, or seminary, except for the purpose of presenting an authorized public demonstration or exhibition pursuant to instruction in conjunction with an organized school or class, for the purpose of carrying out the necessary duties and functions of an employee of an educational institution that require the use of a deadly weapon, or for the purpose of participation in an authorized extracurricular activity or on an athletic team.

(2) (Deleted by amendment, L. 2000, p. 709, § 45, effective July 1, 2000.)

(3) It shall not be an offense under this section if:

(a) The weapon is unloaded and remains inside a motor vehicle while upon the real estate of any public or private college, university, or seminary; or

(b) The person is in that person's own dwelling or place of business or on property owned or under that person's control at the time of the act of carrying; or

(c) The person is in a private automobile or other private means of conveyance and is carrying a weapon for lawful protection of that person's or another's person or property while traveling; or

(d) The person, at the time of carrying a concealed weapon, held a valid written permit to carry a concealed weapon issued pursuant to section 18-12-105.1, as said section existed prior to its repeal; except that it shall be an offense under this section if the person was carrying a concealed handgun in violation of the provisions of section 18-12-214 (3); or

(d.5) The weapon involved was a handgun and the person held a valid permit to carry a concealed handgun or a temporary emergency permit issued pursuant to part 2 of this article; except that it shall be an offense under this section if the person was carrying a concealed handgun in violation of the provisions of section 18-12-214 (3); or

(e) The person is a peace officer, as described in section 16-2.5-101, C.R.S., when carrying a weapon in conformance with the policy of the employing agency as provided in section 16-2.5-101 (2), C.R.S.; or

(f) and (g) (Deleted by amendment, L. 2003, p. 1626, § 51, effective August 6, 2003.)

(h) The person has possession of the weapon for use in an educational program approved by a school which program includes, but shall not be limited to, any course designed for the repair or maintenance of weapons.

History
Source: L. 93: Entire section added, p. 965, § 2, effective July 1. L. 94: (1) and (2) amended, p. 1721, § 19, effective July 1. L. 2000: Entire section amended, p. 709, § 45, effective July 1. L. 2003: (3)(d) amended and (3)(d.5) added, p. 649, § 4, effective May 17; (3)(e), (3)(f), and (3)(g) amended, p. 1626, § 51, effective August 6.

Annotations
ANNOTATION

Anno­tations
Unless the prosecution can also establish that the person used or intended to use the knife as a weapon, a person cannot be prosecuted under subsection (1) for carrying a knife with a blade less than three and one-half inches in length on school grounds. Even though subsection (1) references the deadly weapons statute, that statute does not specifically define "knife". The term "knife" is, however, specifically limited to a weapon with a blade longer than three and one-half inches in length by § 18-12-101 (1), as applicable to this article. Thus, reading and harmonizing these provisions together, the plain language of both provisions establishes that, for purposes of this section, where the deadly weapon is a knife, it must qualify as a knife under § 18-12-101 (1)(f). People ex rel. J.W.T., 93 P.3d 580 (Colo. App. 2004).

18-12-105.6. Limitation on local ordinances regarding firearms in private vehicles.
Statute text
(1) The general assembly hereby finds that:

(a) A person carrying a weapon in a private automobile or other private means of conveyance for hunting or for lawful protection of such person's or another's person or property, as permitted in sections 18-12-105 (2) (b) and 18-12-105.5 (3) (c), may tend to travel within a county, city and county, or municipal jurisdiction or in or through different county, city and county, and municipal jurisdictions, en route to the person's destination;

(b) Inconsistent laws exist in local jurisdictions with regard to the circumstances under which weapons may be carried in automobiles and other private means of conveyance;

(c) This inconsistency creates a confusing patchwork of laws that unfairly subjects a person who lawfully travels with a weapon to criminal penalties because he or she travels within a jurisdiction or into or through another jurisdiction;

(d) This inconsistency places citizens in the position of not knowing when they may be violating local laws while traveling within a jurisdiction or in, through, or between different jurisdictions, and therefore being unable to avoid committing a crime.

(2) (a) Based on the findings specified in subsection (1) of this section, the general assembly concludes that the carrying of weapons in private automobiles or other private means of conveyance for hunting or for lawful protection of a person's or another's person or property while traveling into, through, or within, a municipal, county, or city and county jurisdiction, regardless of the number of times the person stops in a jurisdiction, is a matter of statewide concern and is not an offense.

(b) Notwithstanding any other provision of law, no municipality, county, or city and county shall have the authority to enact or enforce any ordinance or resolution that would restrict a person's ability to travel with a weapon in a private automobile or other private means of conveyance for hunting or for lawful protection of a person's or another's person or property while traveling into, through, or within, a municipal, county, or city and county jurisdiction, regardless of the number of times the person stops in a jurisdiction.

History
Source: L. 2000: Entire section added, p. 1009, § 2, effective August 2. L. 2003: Entire section amended, p. 651, § 1, effective March 18.

Annotations
ANNOTATION

Anno­tations
Law reviews: For article, "In the Crosshairs: Colorado's New Gun Laws", see 33 Colo. Law. 11 (January 2004).

This section clarifies the scope of § 18-12-105 (2)(b) and indicates the general assembly's intent that local ordinances on carrying weapons in private vehicles be preempted only insofar as they conflict with the provisions of this section. Trinen v. City & County of Denver, 53 P.3d 754 (Colo. App. 2002).

The use of the limiting language "into or through" in subsection (2) reflects the general assembly's intent not to restrict local weapons ordinances insofar as they apply to travel wholly within local jurisdictions. Trinen v. City & County of Denver, 53 P.3d 754 (Colo. App. 2002). (Decided under law as it existed prior to the 2003 amendments to subsection (2)).

18-12-204. Permit contents - validity - carrying requirements.
Statute text
(1) (a) Each permit shall bear a color photograph of the permittee and shall display the signature of the sheriff who issues the permit. In addition, the sheriffs of this state shall ensure that all permits issued pursuant to this part 2 contain the same items of information and are the same size and the same color.

(b) A permit is valid for a period of five years after the date of issuance and may be renewed as provided in section 18-12-211. A permit issued pursuant to this part 2, including a temporary emergency permit issued pursuant to section 18-12-209, is effective in all areas of the state, except as otherwise provided in section 18-12-214.

(2) (a) A permittee, in compliance with the terms of a permit, may carry a concealed handgun as allowed by state law. The permittee shall carry the permit, together with valid photo identification, at all times during which the permittee is in actual possession of a concealed handgun and shall produce both documents upon demand by a law enforcement officer. Failure to produce a permit upon demand by a law enforcement officer raises a rebuttable presumption that the person does not have a permit. Failure to carry and produce a permit and valid photo identification upon demand as required in this subsection (2) is a class 1 petty offense. A charge of failure to carry and produce a permit and valid photo identification upon demand pursuant to this subsection (2) shall be dismissed by the court if, at or before the permittee's scheduled court appearance, the permittee exhibits to the court a valid permit and valid photo identification, both of which were issued to the permittee prior to the date on which the permittee was charged with failure to carry and produce a permit and valid photo identification upon demand.

(b) The provisions of paragraph (a) of this subsection (2) apply to temporary emergency permits issued pursuant to section 18-12-209.

(3) (a) A person who may lawfully possess a handgun may carry a handgun under the following circumstances without obtaining a permit and the handgun shall not be considered concealed:

(I) The handgun is in the possession of a person who is in a private automobile or in some other private means of conveyance and who carries the handgun for a legal use, including self-defense; or

(II) The handgun is in the possession of a person who is legally engaged in hunting activities within the state.

(b) The provisions of this subsection (3) shall not be construed to authorize the carrying of a handgun in violation of the provisions of section 18-12-105 or 18-12-105.5.

History
Source: L. 2003: Entire part added, p. 639, § 1, effective May 17.

18-12-214. Authority granted by permit - carrying restrictions.
Statute text
(1) (a) A permit to carry a concealed handgun authorizes the permittee to carry a concealed handgun in all areas of the state, except as specifically limited in this section. A permit does not authorize the permittee to use a handgun in a manner that would violate a provision of state law. A local government does not have authority to adopt or enforce an ordinance or resolution that would conflict with any provision of this part 2.

(b) A peace officer may temporarily disarm a permittee, incident to a lawful stop of the permittee. The peace officer shall return the handgun to the permittee prior to discharging the permittee from the scene.

(2) A permit issued pursuant to this part 2 does not authorize a person to carry a concealed handgun into a place where the carrying of firearms is prohibited by federal law.

(3) A permit issued pursuant to this part 2 does not authorize a person to carry a concealed handgun onto the real property, or into any improvements erected thereon, of a public elementary, middle, junior high, or high school; except that:

(a) A permittee may have a handgun on the real property of the public school so long as the handgun remains in his or her vehicle and, if the permittee is not in the vehicle, the handgun is in a compartment within the vehicle and the vehicle is locked;

(b) A permittee who is employed or retained by contract by a school district as a school security officer may carry a concealed handgun onto the real property, or into any improvement erected thereon, of a public elementary, middle, junior high, or high school while the permittee is on duty;

(c) A permittee may carry a concealed handgun on undeveloped real property owned by a school district that is used for hunting or other shooting sports.

(4) A permit issued pursuant to this part 2 does not authorize a person to carry a concealed handgun into a public building at which:

(a) Security personnel and electronic weapons screening devices are permanently in place at each entrance to the building;

(b) Security personnel electronically screen each person who enters the building to determine whether the person is carrying a weapon of any kind; and

(c) Security personnel require each person who is carrying a weapon of any kind to leave the weapon in possession of security personnel while the person is in the building.

(5) Nothing in this part 2 shall be construed to limit, restrict, or prohibit in any manner the existing rights of a private property owner, private tenant, private employer, or private business entity.

(6) The provisions of this section apply to temporary emergency permits issued pursuant to section 18-12-209.

History
Source: L. 2003: Entire part added, p. 647, § 1, effective May 17.

Link Posted: 1/29/2006 4:46:36 AM EDT
Edit: I attend Colorado state and dont carry in my car because I am paraniod I will get in trouble

_____________________________________________________________________________

my spouse works at csu. if you call the csupd/campus cops you might be surprised at their answer. as for leaving it in your car i would advise against. with the amount of vandalisim, car brealk-ins you are only looking for trouble.

while the law says ones thing. the amount of anti-gunners or those who believe what they hear about blood running in the streets due to CCW's being issued. you are better off obtaining a CCW. plus the amount of younger cops who don't know the law is amazing.
Link Posted: 1/29/2006 8:01:23 AM EDT

Originally Posted By jim:
Plus the amount of younger cops who don't know the law is amazing.



You bet. The entire country has been conditioned to react to firearms with surprise and revulsion. They are always assumed to be illegal.

"Is that legal?"
"You got a permit for that?"
"Is that registered?"

Give me a break.
Link Posted: 1/29/2006 2:25:08 PM EDT

Originally Posted By tom1000rr:
I had a cop tell me you cant have it hidden in your car? Any ideas on that?



Yeah, understand that cops are generally not the best source of legal advice.

Seydou
Link Posted: 1/30/2006 8:57:41 AM EDT
Not to mention Im sure he tells as many people as possible not to put guns in their cars, seems how Im sure he pulls more than a few people over.
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