james_bond_007
05-03-2013, 15:00
Realized I started getting "off topic" and moved (on my own) these posts to the CCW forum.
The discussion is around What is "Public Transportation" (Train, bus, elevator, escalator) and what statutes apply
DISCUSSION OF CRS 18-9-115
EX: Let's explore subsection (1)(a)
18-9-115. Endangering public transportation
(1) A person commits endangering public transportation if such person:
(a) Tampers with a facility of public transportation with intent to cause any damage, malfunction, or nonfunction which would result in the creation of a substantial risk of death or serious bodily injury to anyone; or
(b) Stops or boards a public conveyance with the intent of committing a crime thereon; or
(c) On a public conveyance, knowingly threatens any operator, crew member, attendant, or passenger:
(I) With death or imminent serious bodily injury; or
(II) With a deadly weapon or with words or actions intended to induce belief that such person is armed with a deadly weapon; or
(d) On a public conveyance:
(I) Knowingly or recklessly causes bodily injury to another person; or
(II) With criminal negligence causes bodily injury to another person by means of a deadly weapon.
(2) "Public" means offered or available to the public generally, either free or upon payment of a fare, fee, rate, or tariff, or offered or made available by a school or school district to pupils regularly enrolled in public or nonpublic schools in preschool through grade twelve.
(3) "Public conveyance" includes a train, airplane, bus, truck, car, boat, tramway, gondola, lift, elevator, escalator, or other device intended, designed, adapted, and used for the public carriage of persons or property.
(4) "Facility of public transportation" includes a public conveyance and any area, structure, or device which is designed, adapted, and used to support, guide, control, permit, or facilitate the movement, starting, stopping, takeoff, landing, or servicing of a public conveyance or the loading or unloading of passengers or goods.
(5) Endangering public transportation is a class 3 felony.
.........(1)(a) A person commits endangering public transportation if such person :
(i)...........(a) Tampers with a facility of public transportation [AND]
(ii)......................with intent to cause
(iii)....................................any damage, [OR] malfunction, OR nonfunction [AND]
(iv).............................................. which would result in
(v)............................................... ...........the creation of a substantial risk of death OR serious bodily injury to anyone;
For this to be a "crime" all parts (i), (ii), (iv) have to be TRUE.
AND
(ii) is limited to only the items in line (iii)
AND
(iv) is limited to only the items in line (v)
So as far as the "deadly weapons" clauses, it basically says that you can't use a deadly weapon to INTENTIONALLY (1)(c)(I or II) or UNINTENTIONALLY (1)(d)(I or II) do a "bad" thing to someone.
It does not say you cannot CCW on public transportation.
The discussion is around What is "Public Transportation" (Train, bus, elevator, escalator) and what statutes apply
DISCUSSION OF CRS 18-9-115
EX: Let's explore subsection (1)(a)
18-9-115. Endangering public transportation
(1) A person commits endangering public transportation if such person:
(a) Tampers with a facility of public transportation with intent to cause any damage, malfunction, or nonfunction which would result in the creation of a substantial risk of death or serious bodily injury to anyone; or
(b) Stops or boards a public conveyance with the intent of committing a crime thereon; or
(c) On a public conveyance, knowingly threatens any operator, crew member, attendant, or passenger:
(I) With death or imminent serious bodily injury; or
(II) With a deadly weapon or with words or actions intended to induce belief that such person is armed with a deadly weapon; or
(d) On a public conveyance:
(I) Knowingly or recklessly causes bodily injury to another person; or
(II) With criminal negligence causes bodily injury to another person by means of a deadly weapon.
(2) "Public" means offered or available to the public generally, either free or upon payment of a fare, fee, rate, or tariff, or offered or made available by a school or school district to pupils regularly enrolled in public or nonpublic schools in preschool through grade twelve.
(3) "Public conveyance" includes a train, airplane, bus, truck, car, boat, tramway, gondola, lift, elevator, escalator, or other device intended, designed, adapted, and used for the public carriage of persons or property.
(4) "Facility of public transportation" includes a public conveyance and any area, structure, or device which is designed, adapted, and used to support, guide, control, permit, or facilitate the movement, starting, stopping, takeoff, landing, or servicing of a public conveyance or the loading or unloading of passengers or goods.
(5) Endangering public transportation is a class 3 felony.
.........(1)(a) A person commits endangering public transportation if such person :
(i)...........(a) Tampers with a facility of public transportation [AND]
(ii)......................with intent to cause
(iii)....................................any damage, [OR] malfunction, OR nonfunction [AND]
(iv).............................................. which would result in
(v)............................................... ...........the creation of a substantial risk of death OR serious bodily injury to anyone;
For this to be a "crime" all parts (i), (ii), (iv) have to be TRUE.
AND
(ii) is limited to only the items in line (iii)
AND
(iv) is limited to only the items in line (v)
So as far as the "deadly weapons" clauses, it basically says that you can't use a deadly weapon to INTENTIONALLY (1)(c)(I or II) or UNINTENTIONALLY (1)(d)(I or II) do a "bad" thing to someone.
It does not say you cannot CCW on public transportation.