View Full Version : Concealed Carry in Government Buildings
Can someone who knows the laws far better than me, point to the section of the law that says a state building can not prohibit concealed carry, or open carry, in a building that is not controlled access?
I had a debate about this with a co-worker and I can not find the section, but I remember this as part of the CCW training.
Thank You.
C.R.S. 18-12-214
COLORADO REVISED STATUTES
*** This document reflects changes current through all laws passed at the First Regular Session
of the Sixty-Ninth General Assembly of the State of Colorado (2013) ***
TITLE 18. CRIMINAL CODE
ARTICLE 12. OFFENSES RELATING TO FIREARMS AND WEAPONS
PART 2. PERMITS TO CARRY CONCEALED HANDGUNS
C.R.S. 18-12-214 (2013)
18-12-214. Authority granted by permit - carrying restrictions
(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 (http://web.lexisnexis.com/research/buttonTFLink?_m=6be5336c5ded342e275fecf3ee208d41&_xfercite=%3ccite%20cc%3d%22USA%22%3e%3c%21%5bCDAT A%5bC.R.S.%2018-12-214%5d%5d%3e%3c%2fcite%3e&_butType=4&_butStat=0&_butNum=2&_butInline=1&_butinfo=COCODE%2018-12-209&_fmtstr=FULL&docnum=1&_startdoc=1&wchp=dGLzVzk-zSkAb&_md5=25d46f81df34d80de110546058d61658).
Individual cities have varying policies concerning open carry, particularly in city buildings and parks/open space.
BlasterBob
01-26-2014, 10:34
(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;
The above makes it appear that a person with a CCW may carry concealed if in a Parochial school (which is NOT a Public school). Right?
My understanding is that private schools make their own rules.
My understanding of 18-12-214: #2, the feds control all federal buildings regarding carry, #4, implies by omission that unless one or more of those condition named in a, b, c exist it would be legal to carry in a state building. #5, states that private buildings have specific rights that they control individually. My understanding that in private buildings the only teeth in law that they have is a trespass violation if you carry against their wishes, and then only if you don't leave if asked to do so. One that is confusing is #3, a. how can you get a vehicle and handgun to the school without being in the vehicle.
One that is confusing is #3, a. how can you get a vehicle and handgun to the school without being in the vehicle.
You drive to the school with the gun on you.
It says you can have a gun on school grounds if the gun remains inside the vehicle. If you are not in the vehicle, it says it must be stored in a compartment (glove box or such) and the vehicle must be locked.
You drive on to school property with the gun on you, just broke the law, your are in the vehicle and the gun is not in a compartment. You put the gun in a compartment before going on to school property, you just broke the law, your are in the vehicle with the gun. My point is no mater how the gun is stored, if you are in that vehicle when on school property you broke the law. There's nothing in the law giving you 2 minutes to drive on the property, park, stow the gun and get out of the car, or 5 minutes to get in a car with a stowed gun and drive off the property. "Honest officer I wasn't casing the school I was looking for a place to park before putting my gun in the glovebox".
(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;
You drive on to school property with the gun on you, just broke the law, your are in the vehicle and the gun is not in a compartment. You put the gun in a compartment before going on to school property, you just broke the law, your are in the vehicle with the gun. My point is no mater how the gun is stored, if you are in that vehicle when on school property you broke the law. There's nothing in the law giving you 2 minutes to drive on the property, park, stow the gun and get out of the car, or 5 minutes to get in a car with a stowed gun and drive off the property. "Honest officer I wasn't casing the school I was looking for a place to park before putting my gun in the glovebox".
(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;
You're misreading the law: You are permitted to have the firearm in your vehicle if you remain in the vehicle. IF you exit the vehicle, the firearm must remain in the vehicle, in an enclosed compartment, and the vehicle must be locked. Replace the "and" in the text you quoted with a period, and the specifics of the law become clear. The 2 situations are independent, not dependent on each other.
rockhound
01-27-2014, 08:16
the use of grammar is poor
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