CCW holder question - gun free zones?

[WinterBoarder]

I've tried to do some research and can't seem to find the answer. Are there gun free zones that even CCW holders in Colorado can't legally carry in? For example, within 1,000 feet of a school. Some scenarios related to this:

What if I live within 1,000 feet of a school, can I not leave my property legally with a concealed firearm?
What about when concealing and driving by a school?Thanks.

[rtr]

I'm not a lawyer, but here's my understanding of CO law.

Private businesses that are posted no carry can only ask you to leave if they somehow find out you are carrying on their premises, you can't be charged with a crime for this. If you refuse to leave though you are trespassing.

Some government buildings it is illegal to carry in, including public schools. I'm not aware that it is illegal to carry within 1000 feet of them, and I believe it is legal to CCW a weapon in your vehicle on the grounds of a school, just not legal outside your vehicle.

Here's some of the relevant Colorado law.



18-12-105.5. Unlawfully carrying a weapon - unlawful possession of weapons - school, college, or university grounds.







(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.

[WinterBoarder]

Thanks rtr. I found this on Wikipedia, which seems to indicate that the GFSZ Act of 1996 allows me, as a CCW holder, to concealed carry in the gun free school zone. Always have to take Wikipedia with a grain of salt, but I found some other sites that indicate that this is legal.

http://en.wikipedia.org/wiki/Gun-Free_School_Zones_Act

http://www.gunlaws.com/Gun_Free_School_Zones_Act.pdf

[newracer]

Basically you cannot carry at schools or anywhere permanant metal detectors are in place. If at a school you can leave your firearm locked in your vehicle.

[malefactor]

I don't think I have seen anything posted that I cannot concur with.

The law reads that you cannot carry on school grounds. It is allowed in your vehicle if it is in a compartment and the vehicle is locked.

You cannot carry on a college campus. It can be in your vehicle if it is locked. The differences in the way I state these two are consistent with the way the the laws about them are written.

You cannot carry on Federal Property. This included post offices and their parking lots. Military bases and so on and so forth.

W signed something saying we could carry in national parks right before he went out but I heard Obama said he wanted to review it, so I don't know it we are currently allowed or not.

Now this is for Colorado!

It varies from state to state. I used to have a VA CCW and they would not allow you to carry in any restaurant that served alcohol, places of worship and a bunch of other dumb places that you should be able to carry.

[Irving]

Are you sure about the Post Office part? I don't remember seeing that in there.

[7idl]

In addition to the above, don't forget 18-12-214 (http://cbi.state.co.us/ccw/Statutes/18-12-214.asp)



basically puts only K-12 off limits vs the above

[TFOGGER]

So if you take the short version:
18-12-105.5. Unlawfully carrying a weapon - unlawful possession of weapons - school, college, or university grounds.

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

(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)

So K-12 is absolutely forbidden, but CCW is allowed on College Campuses, EXCEPT for University of Colorado, which has a policy which is the subject of a current lawsuit (http://www.rmgo.org/alerts/2008-CUsuit.shtml). CSU and many private colleges allow CCW.

[malefactor]

I need to look closer at the college stuff with your references but in looking at the section you posted the link to I don't see how you can say "absolutely forbidden"?

(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.

[TFOGGER]

I need to look closer at the college stuff with your references but in looking at the section you posted the link to I don't see how you can say "absolutely forbidden"?

(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.

I guess I should have been clearer on that point. Carry in your car is allowed.

[malefactor]

Are you sure about the Post Office part? I don't remember seeing that in there.

Well this is governed by the part of CO law where it says any other place prohibited by Federal Law. The Federal Law that governs that is 18 U.S.C. 930(g)(1)

So any property leased by the federal government to conduct business.

[newracer]

You can carry on some college campuses, CSU for example.

[Boat Guy]

Last time I read the USC for the Post Office it seemed here was an important distinction(at least to me and others). Without going back to 18 USC I think there is language about carrying in the Post Office for "unlawful purposes". Given that we are talking about CCW permits here I would take that as a "lawful" purpose.