There's been some seedy types in my neighborhood recently, around the time I usually get home. Is it legal to have my rifle in a sleeve in my back seat? I know the hunting law says you have to have an empty chamber, but is there any additional restriction on where in the car the gun can be?
The mosin's in the trunk, but that's not as quick as I'd like.
Nope. the only laws on the books in Colorado are rifles must be unchambered and if they are on an ATV or Sled they have to be in a hard case. Handguns are ok to be loaded.
unless you have a ccw, right?
I don't get it either....
loaded pistols in cars: fine
loaded rifles in cars: not fine.
Are you asking if I have a ccw can I carry concealed loaded rifle in the car? Nope.
You can even have a mag in the rifle. Loaded is defined in Colorado as a live round in the chamber.
Does that mean you could have the mag full and inserted and just leave the bolt pulled back?
technically yes, but that might be a bit dangerous with something like an AR15 with it's floating firing pin and a bumpy road!
Only for people in the back seat.
I never had a problem with slam firing but, hey if the neighborhood is bad enough...
Rifle or shotgun -- loaded or not -- in back seat (or on gun rack) ok. Unloaded pistol in glove compartment (without CCW or Common Law Travel Defense) is a no-no.
The only problem I could see...
IF you used the rifle, even in self-defense, you may be looked upon unfavorably in a legal proceeding. You may be viewed as some one looking for a reason.
But do what you need to do to protect yourself.
Do the same laws apply in Colorado for Kansas residents visiting the state? I'm guessing YES.
I only wish the reverse was true!
when are you guys gonna pass a CCW law?
It's only like you guys and Nebraska left in these parts!
jtw, I don't know. I'm not going to live here for too much longer. This state seems to have an "I don't care" attitude to firearms. No CCWs issued here for residents but the neighbor literally across the street (over in MO) can.
Hey guys and girls don't forget that Denver Municipal Code Section 38-130 makes it unlawful to possess or transfer assault classified firearms within the City and County of Denver. Until he decides what he wants to do with it I have a Colt 6601 pre-ban sitting in my safe that belongs to a friend that is a supervisor for DPD forensics unit.
That law got nullified by sb23 at the same time that shall issue concealed carry got passed. Colorado's law of the land is now no laws can be passed that are more restrictive than state law when it comes to guns. Denver was going to fight it and apparently got told that they don't have a prayer in hell so they withdrew the suit.
It is now perfectly legal to own any weapon you want in Denver and has been for over a year now.
damn double tap again!
Originally Posted By Shooter505:
jtw2 I think you mean Colorado SB24 and you may want to check into Denver's 38-130 a little more. Here is what the current statue says. Here is the link to Denver's updated revised statues.
Sec. 38-130. Assault weapons.
(a) Legislative intent. The city council hereby finds and declares that the use of assault weapons poses a threat to the health, safety and security of all citizens of the City and County of Denver. Further, the council finds that assault weapons are capable both of a rapid rate of fire as well as of a capacity to fire an inordinately large number of rounds without reloading and are designed primarily for military or antipersonnel use.
The city council finds that law enforcement agencies report increased use of assault weapons for criminal activities. This has resulted in a record number of related homicides and injuries to citizens and law enforcement officers. It is, therefore, the intent of the city council to place reasonable and necessary restrictions on the sale and possession of assault weapons while placing no restrictions on the right of citizens to use weapons which are primarily designed and intended for hunting, target practice and other legitimate sports or recreational activities and the protection of home, person and property.
(b) Definitions. The following words and phrases, when used in this section, shall have these meanings respectively ascribed to them:
(1) Assault weapon. The general characteristics of an assault weapon may include the following features: A shorter length than recreational firearms; a folding stock, a modification of an automatic firearm originally designed for military use; a greater rate of fire or firing capacity than reasonably necessary for legitimate sports, recreational or protection activities and shall include all firearms with any of the following characteristics:
a. All semiautomatic action, centerfire rifles with a detachable magazine with a capacity of twenty-one (21) or more rounds.
b. All semiautomatic shotguns with a folding stock or a magazine capacity of more than six (6) rounds or both.
c. All semiautomatic pistols that are modifications of rifles having the same make, caliber and action design but a shorter barrel and no rear stock or modifications of automatic weapons originally designed to accept magazines with a capacity of twenty-one (21) or more rounds.
d. Any firearm which has been modified to be operable as an assault weapon as defined herein.
e. Any part or combination of parts designed or intended to convert a firearm into an assault weapon, including a detachable magazine with a capacity of twenty-one (21) or more rounds, or any combination of parts from which an assault weapon may be readily assembled if those parts are in the possession or under the control of the same person.
f. Any weapon listed in subsection (h).
(2) Fixed cartridge shall mean that self-contained unit consisting of the case, primer, propellant charge and projectile or projectiles.
(3) Magazine shall mean a box, drum or other container which holds and feeds ammunition into a semiautomatic rifle, shotgun or pistol.
(4) Pistol shall mean a weapon originally designed, made and intended to fire a projectile (bullet) from one (1) or more barrels when held in one (1) hand and having:
a. A chamber as an integral part of or permanently aligned with the bore or having a breech-loading chambered cylinder so arranged that the cocking of the hammer or movement of the trigger rotates it and brings the next cartridge in line with the barrel for firing; and
b. A short stock designed to be gripped by one (1) hand and at an angle to and extending below the line of the bore(s).
(5) Rifle shall mean a weapon designed or redesigned, made or remade and intended to be fired from the shoulder or hip and designed or redesigned or made or remade to use the energy of the explosive in a fixed cartridge to fire only a single projectile through a rifled bore for each single pull of the trigger and shall include any such weapon which may be readily restored to fire a fixed cartridge.
(6) Semiautomatic shall mean a weapon which fires a single projectile for each single pull of the trigger which automatically chambers the next round for firing and which employs a magazine.
(7) Shotgun shall mean a weapon designed or redesigned, made or remade and intended to be fired from the shoulder or hip and designed or redesigned and made or remade to use the energy of the explosive in a fixed shotgun shell to fire through a smooth bore either a number of projectiles (ball shot) or a single projectile for each pull of the trigger and shall include any such weapon which may be readily restored to fire a fixed shotgun shell.
(c) Specific weapons not included. As used in this section, assault weapon does not include any of the following:
(1) All weapons that do not use fixed cartridges, all weapons that were in production prior to 1898, all manually operated bolt-action weapons, all lever-action weapons, all slide-action weapons, all single-shot weapons, all multiple-barrel weapons, all revolving-cylinder weapons, all semiautomatic weapons for which there is no fixed magazine with capacity of twenty-one (21) or more rounds available, all semiautomatic weapons that use exclusively en bloc clips, all semiautomatic weapons in production prior to 1954 and all rimfire weapons that employ a tubular magazine.
(2) Any firearm that uses .22 caliber rimfire ammunition.
(3) Any assault weapon which has been modified either to render it permanently inoperable or to permanently make it a device no longer defined as an assault weapon.
(d) Supplemental provisions. Except as specifically stated herein, the provisions of this section are independent of and supplemental to any other provisions of law, and nothing shall prevent a device defined as an assault weapon in this section from also being regulated under other provisions of law.
(e) Possession of assault weapons unlawful. It shall be unlawful to carry, store, keep, manufacture, sell or otherwise possess within the City and County of Denver a weapon or weapons defined herein as assault weapons, except that this subdivision shall not apply to:
(1) Any federal, state or local government agency or to any sworn members of said agencies acting within their official capacities.
(2) Any assault weapon which is being used as a movie prop for any motion picture or television program which is being filmed in whole or in part within the City and County of Denver if, prior to such use, the police department is notified in advance in writing of the date, time, location, production schedule and days upon which such use shall take place and the type and serial numbers of the firearms.
(3) It shall be an affirmative defense to charges brought under this section that the transportation of an assault weapon:
(a) Is through the city by a nonresident who is in legal possession of an assault weapon; or
(b) Is by a person carrying a permit issued under subsection (f) and the transportation is for one (1) of the following purposes:
i. In aid of the civil power when thereto legally summoned;
ii. To a bona fide hunting trip for wild game, or to a legitimate sporting use of such weapon, including shooting matches or target trap or skeet shooting. All weapons carried for such purposes shall be unloaded;
iii. While transporting such weapon to or from a place for sale outside the city or for repair. All weapons carried for such purposes shall be unloaded at all times;
iv. As a member of the armed forces of a state or of the federal government while engaged in the lawful performance of duty;
v. In conjunction with moving personal property, including such weapon, from an old residence to a new residence. All weapons carried for such purposes shall be unloaded at all times.
(f) Conditional exception. Any person over the age of twenty-one (21) years who obtained an assault weapon legally prior to the effective date of this section may obtain a permit to keep, store and possess said assault weapon if:
(1) Said weapon is properly identifiable and contains its original serial number.
(2) An application for a permit for each assault weapon is filed with the police department within sixty (60) days of the effective date of this section pursuant to such procedures as the department may establish. The application shall contain a description of the firearm that identifies it uniquely, including all identification marks and numbers, the full name, address, date of birth and fingerprints of the owner and the address where such assault weapon will be stored and such other information as the department may deem appropriate. The place of storage and possession shall not be changed without notification to the department of the proposed change in location and when said weapon will be transported. The department may charge a fee for registration not to exceed the actual processing costs of the department.
(3) The department shall issue a permit which shall identify the weapon and where it is to be stored.
(4) The information required for the registration and permitting of assault weapons shall be treated as confidential and shall not be made available to members of the general public. The council finds that the release of such information would constitute an unwarranted invasion of personal privacy and could endanger the life or safety of persons at the premises where an assault weapon is located. The information on a permit application shall be used by the city only for law enforcement purposes.
(g) Sale or transfer unlawful. It is unlawful to sell or transfer possession of an assault weapon possessed pursuant to subsection (f) within the City and County of Denver.
(h) Specific prohibited assault weapons. It is unlawful to carry, store or otherwise possess within the City and County of Denver any of the following weapons which are hereby declared to be assault weapons except as provided in and subject to all the provisions of this section:
(1) All of the following specified rifles:
a. Norinco, Mitchell and Poly Technologies Avtomat Kalashnikovs (all models).
b. Action Arms Israeli Military Industries UZI and Galil.
c. Beretta AR-70 (SC-70).
d. CETME G3.
e. Colt AR-15 and CAR-15.
f. Daewoo K-1, K-2, Max 1 and Max 2.
g. Fabrique Nationale (FN/FAL, FN/LAR and FNC).
h. FAMAS MAS223.
i. Heckler & Koch HK-91, H-93, HK-94 and PSG-1.
j. MAC 10 and MAC 11.
k. SKS with detachable magazine.
l. SIG AMT, SIG 500 Series and SIG PE-57.
m. Springfield Armory BM59 and SAR-48.
n. Sterling MK-6 and SAR.
o. Steyr AUG.
p. Valmet M62, M71S and M78.
q. Armalite AR-180 Carbine.
r. Bushmaster Assault Rifle (armgun).
s. Calico M-900 Assault Carbine.
t. Mandall THE TAC-1 Carbine.
u. Plainfield Machine Company Carbine.
v. PJK M-68 Carbine.
w. Weaver Arm Nighthawk.
(2) All of the following specified pistols:
a. Action Arms UZI.
b. Encom MP-9 and MP-45.
c. MAC 10 and MAC 11.
d. INTRATEC TEC-9.
e. Mitchell Arms Spectre Auto.
f. Sterling MK-7.
g. Calico M-900.
(3) All of the following specified shotguns:
a. Franchi SPAS 12 and LAW 12.
b. Gilbert Equipment Company Striker 12.
c. Encom CM-55.
(4) Other models by the same manufacturer that are identical to firearms listed in subdivisions (1), (2) or (3) except for slight modifications or enhancements, including, but not limited to, a folding or retractable stock; adjustable sight; case deflector for left-handed shooters; shorter barrel; wooden, plastic or metal stock; larger clip size; different caliber provided the caliber exceeds .22 rimfire; or bayonet mount.
(5) Firearms which have been redesigned from, renamed, renumbered or patterned after one (1) of the listed firearms in subdivisions (1), (2), (3) or those described in subdivision (4) regardless of the company of production or distribution or the country of origin or any firearm which has been manufactured or sold by another company under a licensing agreement to manufacture or sell the identical or nearly identical firearms as those listed in subdivisions (1), (2), (3) or those described in subdivision (4) regardless of the company of production or distribution or the country of origin.
(i) Specific magazine prohibited. It shall be unlawful to carry, store or otherwise possess a magazine which will hold or may be modified to hold twenty-one (21) or more rounds.
(j) Penalty. Any person, firm or corporation who is convicted of violating any provision of this section shall be punished by a fine of not less than one hundred dollars ($100.00) or more than nine hundred ninety-nine dollars ($999.00) and a term of incarceration of not less than ten (10) days nor more than one hundred eighty (180) days.
(k) Violation; disposition. Upon a conviction of violating any provision of this section, the weapon shall be confiscated and destroyed under section 38-120, disposition of confiscated weapons.
(Ord. No. 669-89, § 1, 11-6-89; Ord. No. 719-89, § 1, 11-27-89; Ord. No. 1058-96, § 2, 12-9-96)
bullshit.. that was a BIG part of passing the state shall-issue ccw law. It was a prerequisite to have no city laws supercede the state law. This is also why ALL counties or cities must follow the same criteria for ccw acceptance.
This is why it is no longer illegal to pass through Denver city limits with a pistol in your car. They finally figured out that was a ridiculous law. Denver is trying to Kalifornicate...
It doesn't really matter what the statute says. It's been nullified.
jtw2 the assault weapon ban in Denver proper has not been nullified and is in fact on the books. I hope you understand what the legal repercussions are of an affirmative defense. I was told today that no one has been charged yet and that dpd is not sure what to do but I would not want to be a test case. Shoot me an email and we can talk.
Actually, it's not SB24 that's relevant to Denver's dead AWB, it's SB25:
Text of bill
Which was signed by the governor on 3/18/03 (link)
Section of interest:
29-11.7-103. Regulation - type of firearm - prohibited. A LOCAL
GOVERNMENT MAY NOT ENACT AN ORDINANCE, REGULATION, OR OTHER LAW
THAT PROHIBITS THE SALE, PURCHASE, OR POSSESSION OF A FIREARM THAT
A PERSON MAY LAWFULLY SELL, PURCHASE, OR POSSESS UNDER STATE OR
FEDERAL LAW. ANY SUCH ORDINANCE, REGULATION, OR OTHER LAW
ENACTED BY A LOCAL GOVERNMENT PRIOR TO THE EFFECTIVE DATE OF THIS
SECTION IS VOID AND UNENFORCEABLE.
It doesn't get much clearer. Ha, it's even in caps, those n00bs.
SB25 does apply here but you need to do some case law study on 30-130 and you need to understand what sections the appellate court upheld and what was tossed before Denver came up with this statue in it's present form. As I said I would not want to be the test case and knowing the fine folks that run the City and County of Denver I am sure sooner or later there is going to be a test case. I am glad I live in this part of the state and not in Denver proper.
Ahh... yeeeahhh.... I'm really confused. Now, Shooter505, I'm not saying there isn't some green, gung-ho cowboy "officer" out there who will be dumb enough to try it, but I don't think it would be a good move on their part... Agreed, I don't want to be a test case either. But, I also will not casually give up my rights just in case of said dumbass.. The LAW is on our side here. And, yes if it came to criminal prosecution (highly doubtful given the documented state law) the law abiding citizen would win.
Say, you happen to have case citations with you? I can't really find much.. just some stuff about fuzzy language here and there. Nothing that would change a total nullification of the law. IIRC, there was a case some years back about a law limiting "cities", where Denver was a municipality. SB25 specifically talks about a "local government", which a municipality is.
Llama I read some briefs and appellate courts decision on-line somewhere. I will look up the links for you. Several parts were upheld and some were tossed for being vague and unconstitutional. In its prior form it was illegal for anyone even passing through to posses an assault rifle. Are there any gun shops in Denver proper selling assault type guns??
heysoos I don't think a officer is going to be making the decision unless he is told to. It is my understanding that this issue of challenging this in court again is very much undecided at this time. Things may change quickly after the election. After 30-130 was rewritten into its present form I don't think anyone that does not live in Denver proper has anything to worry about if passing through Denver with an assault type gun. Unfortunately my friend is required to live in Denver proper because of his position on the DPD. Because he is not a commissioned officer with powers of arrest he is not exempt from this law. So until this issue is settled he is not willing to jeopardize his job.
Packing.org has a link to all the colorado statutes along with case citations.
which has all colorado statutes
The state law over-rides the Denver/Boulder laws. And it may not have been tested yet, but is still the case.
Sheesh, just look at it this way. A long arm, chambered, is a no-no. Pretty much ANYTHING else is ok in Colorado. Concealed, loaded handguns, whatever. Strap an Uzi to the steering column.