Carrying and riding

[berserker]

I follow a local mountain biking group on facebook and this article was recently posted to a popular website by a local CO rider

http://www.singletracks.com/blog/uncategorized/opinion-you-should-arm-yourself-when-you-ride-your-bike/

I like the article overall, but I don't know if I agree with the legal reasoning on the author. I am not a lawyer, but I believe you can carry legally with a permit in an open space, state park, or other area with a concealed carry permit. If they make a "no firearms" regulation, I would think the permit would still give you legal authority. Also I don't think the CRS he quotes would cover the legitimate, legal use of a firearm in self defense, whether against human or a mountain lion.

Thoughts?

"Consider local laws–If you are considering a firearm for any reason, know the law.In Colorado, it is illegal to carry in Open Spaces but legal in National Parks. Regulations vary by state, but vary even more widely by municipality. You can actually open carry in much of Colorado, for example, (visible on your hip), but not in cities or municipalities such as Denver (where you can still carry concealed with a permit). Violators are typically punished by fines, but offenses may carry jail time in places such as New York. I cannot condone this personally, but I know riders who say that paying a small fine is preferable to losing their life in a wildlife attack or assault. As adults, I leave it to you to accept the consequences of your decisions, but I suggest following local laws. Here is an example from Jefferson County’s Open Space policy website, which encompasses a dense collection of multi-use trails in the the Colorado front range west of Denver: “Discharging or carrying firearms, crossbows, fireworks, explosives or projectile weapons of any kind are prohibited except as expressly mandated by Article 12 of Title 18 of the Colorado Revised Statutes, as amended.This includes paintball, BB, pellet, air, blow guns, rockets, crossbows, longbows and slingshots ($300 fine).” National parks, Wilderness, BLM, and other open lands have completely different regulations. National Forest Rules generally state the following: “Discharging a firearm is always prohibited within 150 yards of a residence, building, campsite, occupied area, on or across a road, near or across a body of water, in a cave, or in any manner or place whereby any person or property is exposed to injury or damage.”"

[cstone]

Someone once asked me if I always carry. I answered, "if I am wearing pants, pretty high probability I am carrying."

I am not a serious bicyclist, even by non-Colorado standards, but I wouldn't think about riding without pants.

Concealed means that something significant and probably bad has to happen before anyone will know whether I am carrying or not.

[TFOGGER]

... prohibited except as expressly mandated by Article 12 of Title 18 of the Colorado Revised Statutes, as amended....”"




CRS 18-12-214 covers the authority granted by the permit

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 or charter school 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=8e0eca1c63129dcd8c74ec798e5638d0&_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=dGLbVzB-zSkAA&_md5=01e698fd4fdd115d7ce7a620888da854).

and per CRS18-12-201 supercedes all local regulation pertaining to concealed carry:


18-12-201. Legislative declaration



(1) The general assembly finds that:

(a) There exists a widespread inconsistency among jurisdictions within the state with regard to the issuance of permits to carry concealed handguns and identification of areas of the state where it is lawful to carry concealed handguns;

(b) This inconsistency among jurisdictions creates public uncertainty regarding the areas of the state in which it is lawful to carry concealed handguns;

(c) Inconsistency results in the arbitrary and capricious denial of permits to carry concealed handguns based on the jurisdiction of residence rather than the qualifications for obtaining a permit;

(d) The criteria and procedures for the lawful carrying of concealed handguns historically has been regulated by state statute and should be consistent throughout the state to ensure the consistent implementation of state law; and

(e) It is necessary that the state occupy the field of regulation of the bearing of concealed handguns since the issuance of a concealed handgun permit is based on a person's constitutional right of self-protection and there is a prevailing state interest in ensuring that no citizen is arbitrarily denied a concealed handgun permit and in ensuring that the laws controlling the use of the permit are consistent throughout the state.

(2) Based on the findings specified in subsection (1) of this section, the general assembly hereby concludes that:

(a) The permitting and carrying of concealed handguns is a matter of statewide concern; and

(b) It is necessary to provide statewide uniform standards for issuing permits to carry concealed handguns for self-defense.

(3) In accordance with the findings and conclusions specified in subsections (1) and (2) of this section, the general assembly hereby instructs each sheriff to implement and administer the provisions of this part 2. The general assembly does not delegate to the sheriffs the authority to regulate or restrict the issuance of permits provided for in this part 2 beyond the provisions of this part 2. An action or rule that encumbers the permit process by placing burdens on the applicant beyond those sworn statements and specified documents detailed in this part 2 or that creates restrictions beyond those specified in this part 2 is in conflict with the intent of this part 2 and is prohibited.


So, in short, carry concealed with a permit to your heart's content on open space and in city or county parks.

[Irving]

Not very helpful, but my concern that someone would discover me carrying while I'm out in nature is extremely low. Personally, I wouldn't even worry enough to check.

[roberth]

I ride bicycles in a variety of areas, I always carry. I tend to avoid people so no one ever asks.

[cstone]

I ride bicycles in a variety of areas, I always carry. I tend to avoid people so no one ever asks.

Is that why you crossed the street and went in the option direction when I tried to get your attention? [LOL]

[roberth]

Is that why you crossed the street and went in the option direction when I tried to get your attention? [LOL]

:) YES :)

[fitz19d]

Between redneck that goes crazy for you daring to be on a roadway. (Goes both ways, with pretentious bikers thinking they are gods gift to proper transit), and the random wacko like whacked that guy on a bike in Windsor. I would carry on a bike more than I would for a random quick trip by car locally.

[Great-Kazoo]

Is that why you crossed the street and went in the option direction when I tried to get your attention? [LOL]

Rumor has it. He doesn't stop for less then $20.

[cstone]

Rumor has it. He doesn't stop for less then $20.

Got it!

Next time I want to make a new friend, wave my Andy Jackson. Wave it in the air like I just don't care. [Cheer]

[roberth]

Its all about the Benjamins. [mlp]

[Great-Kazoo]

Its all about the Benjamins. [mlp]

Go Fly a Kite

[roberth]

[LOL][ROFL2][ROFL3]

[Martinjmpr]

In Colorado, it is illegal to carry in Open Spaces



Lesson here is don't take legal advice from a mountain bike forum.

I know someone already posted the CRS so I won't, but the bottom line is if you have a permit there are exactly 4 places you can't carry: Federal property that prohibits it (Post office, Federal buildings, military bases, Federal center, etc), K-12 public schools, places that have metal detectors and private property that is posted. That's IT.

One advantage of CO being a "late adopter" of "shall issue" concealed carry is that we have one of the most liberal CCW laws in the nation. There are a lot of states, for example, that prohibit concealed carry in establishments that serve alcohol, places of "public gathering", parks, and so on. But not CO.

Now, as far as open carry, I'm not sure. I know we have a preemption law (that somehow doesn't apply to Denver?) so I'm not sure if, for example, a County parks department can outlaw permitless open carry on park premises. I think they [B]might be able to, but I'm not 100% sure (I'll bet someone here knows. ;) ) Ditto for cities and towns.

But as far as concealed carry goes, the law could not be more clear: Doesn't matter what the sign says (a lot of these parks have signs that say "weapons prohibited.") If you have a permit you can carry anywhere in the state except for the 4 areas named in the statute.

[newracer]

Open carry can be restricted.

[.455_Hunter]

Open carry can be restricted here in CO on specific types of city and county owned property- Jeffco Open Space, Boulder County Clerks office, etc. The problem is that you can be perfectly legal walking down the sidewalk with your OC, but step onto the intersecting greenbelt pathway and your are now illegal- not the most effective way to conduct daily business.

I OC in the following areas: Federal land, like Nat Forest, BLM or Nat Park (backcountry only, not walking around Bear Lake in RMNP), Private Property, or other non-urban areas. CC is legal most everyplace else, so i take advantage of it.

I patronize Open Space all the time using CC and have verified with the appropriate sheriff/police that its all kosher with a valid permit.

[.455_Hunter]

One advantage of CO being a "late adopter" of "shall issue" concealed carry is that we have one of the most liberal CCW laws in the nation. There are a lot of states, for example, that prohibit concealed carry in establishments that serve alcohol, places of "public gathering", parks, and so on. But not CO.

+10000

In the grand scheme of things, my ability to conceal carry essentially everywhere I normally frequent (disarming ONLY for my kids K-12 school, post office, etc.) in this state means way more to me than living in a "free" state with those stupid carry restrictions and being able to get a pallet of 30rd P-Mags delivered daily.

Who knows how long this will be the case, with the Progressives activley want to apply some more "common sense".