CCW at PRIVATE schools

[ClangClang]

There appear to be two conflicting statutes on the books. Please bear with me for a discussion. (All underlining/red text highlights in this post is mine)



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) (http://web.lexisnexis.com/research/buttonTFLink?_m=8b675ddf6302b2d274b40c33b9a661b6&_xfercite=%3ccite%20cc%3d%22USA%22%3e%3c%21%5bCDAT A%5bC.R.S.%2018-12-105.5%5d%5d%3e%3c%2fcite%3e&_butType=4&_butStat=0&_butNum=2&_butInline=1&_butinfo=COCODE%2018-1-901&_fmtstr=FULL&docnum=1&_startdoc=1&wchp=dGLbVzt-zSkAW&_md5=5538ad14fa9d0a3ad6345a7e68513f1b) 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.


However, if we look to the more commonly cited statute, we see:



8-12-214. Authority granted by permit - carrying restrictions

(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:


Now - here's my question. 8-12-214 makes no mention of private schools. 8-12-105.5 prohibits carry at schools WITHOUT legal authority. Here's the rub - in some cases, "legal authority" is considered to be the CCW permit itself. For instance, CCW is legal on CO public transport by virtue of a CCW permit - that is the required "legal authority."

So, I posit to you, fellow www.ar-15.co (http://www.ar-15.co) members, is concealed carry legal at CO private schools? For the purposes of this discussion, we can assume that the school does not have any posted "no guns" signs or any documented "no guns" policy.

[TFOGGER]

Concealed means concealed. FWIW, a private school can institute any weapons policy they choose, much like any other private business. What I'm not certain of is if that policy carries any more weight, given the wording of 18-12-105.5. I wouldn't think that it does, but I would hate to be the test case.

[ClangClang]

What I'm not certain of is if that policy carries any more weight, given the wording of 18-12-105.5. I wouldn't think that it does, but I would hate to be the test case.

Exactly. This is my question. Should a concealed weapon be discovered, is it simply a trespassing (if one refuses to leave the property) or is it a felony weapons possession?

My friend works at a private parochial school that has had racist/"hate-crime" graffiti sprayed on the doors recently. She and several of her colleagues went to the CCW For Educators class that Centennial GC offered a couple months ago. Now the question is what do they do with it?

[TFOGGER]

Exactly. This is my question. Should a concealed weapon be discovered, is it simply a trespassing (if one refuses to leave the property) or is it a felony weapons possession?

My friend works at a private parochial school that has had racist/"hate-crime" graffiti sprayed on the doors recently. She and several of her colleagues went to the CCW For Educators class that Centennial GC offered a couple months ago. Now the question is what do they do with it?

I would think that depends on the policy of the school. If the school okays their decision to carry, then they would be covered under the "legal authority" clause in any case, particularly since it is a private institution. If their policy forbids employees from being armed (likely), then they would face job termination at the least.

ETA: I know several teachers in both public and private settings that choose to carry in contradiction to official policy. Their mindset is it is better to be fired than be helpless in the event a worst case scenario comes to pass.

[275RLTW]

Unless anyone here is an attorney, I doubt this is the best place to ask on this topic. We all have our interpretations of which none hold any value in court.

[Ranger353]

Unless anyone here is an attorney, I doubt this is the best place to ask on this topic. We all have our interpretations of which none hold any value in court.
^^^^^^^^^^^^^^^^^^^^^^^
That is the best FREE advice they could from this forum: Talk to an attorney with knowledge of the subject. In the event that something does happen, the fact of them getting advice from an attorney could be a basis for a defense against prosecution...maybe.

[MarkCO]

Unless anyone here is an attorney, I doubt this is the best place to ask on this topic. We all have our interpretations of which none hold any value in court. Neither do an attorney's opinions matter...it is only the trier of fact (either a judge or a jury) that gets to have an opinion that carries the weight in court.

[275RLTW]

Neither do an attorney's opinions matter...it is only the trier of fact (either a judge or a jury) that gets to have an opinion that carries the weight in court.

Have you ever made an appointment with a judge? That's why an attorney is recommended...

[MarkCO]

Have you ever made an appointment with a judge? That's why an attorney is recommended...

Actually, yes.

No doubt an attorney is a better resource than the internet. I have an opinion and actually went through this process with my kid's school, LE and an attorney, but every situation can have differences and should be checked.

[TFOGGER]

Note: I am not a liar lawyer, so any advice I give you is probably worth less than what you paid for it.

[Monky]

Neither do an attorney's opinions matter...it is only the trier of fact (either a judge or a jury) that gets to have an opinion that carries the weight in court.

+1000. An attorney could give his opinion and that's NOT law


Have you ever made an appointment with a judge? That's why an attorney is recommended...

Yes, it's possible to get an appointment with a judge. I've gone to many.


Actually, yes.

No doubt an attorney is a better resource than the internet. I have an opinion and actually went through this process with my kid's school, LE and an attorney, but every situation can have differences and should be checked.

Your opinion just doesn't have JD behind it.. which after working with them means a lot less than I ever would have thought possible.