PDA

View Full Version : Transporting in a vehicle



General Disarray
01-13-2010, 14:14
I'm sorry if this has been covered before, but I probably didn't search for the correct key words and I can't find my answer.

I asked my local Sheriff where I was allowed to have a pistol in the vehicle, and he said any where but the glovebox, under the seat, or in the center console. I thought it was more of a "your vehicle is your castle" thing when it came to vehicle carry. He said no, it can't be concealed and within direct reach of you in the drivers seat. Which is it?

Irving
01-13-2010, 14:26
He's an ill-informed liar. It can be anywhere in your vehicle that you can put it. No hand gun is considered concealed while traveling in a private vehicle. I've been stopped at a DUI check point while carrying in an IWB without a CCW. I had to step out of the car and everything and was let go with zero issues.

However, I've also asked sheriffs this same question and gotten similar answers. Just be aware that 0% of police officers have memorized 100% of the laws. More often than not, you'll get the answer you got, but it is wrong. I can produce the statute for you if you'd like something more solid. Also, nice South Park screen name and I like the Princess Bride avatar as well. Great book!

Bailey Guns
01-13-2010, 14:27
Your sheriff is incorrect and probably needs to review CRS 18-12-204. Here's the applicable portion:

(3) (a) A person who may lawfully possess a handgun may carry a handgun under the following circumstances without obtaining a permit and the handgun shall not be considered concealed:

(I) The handgun is in the possession of a person who is in a private automobile or in some other private means of conveyance and who carries the handgun for a legal use, including self-defense;

As you can see, the law makes no distinction in where the gun must be carried in a vehicle or whether or not it can be loaded.

Irving
01-13-2010, 14:30
He may be from another state as well. I always wonder where people get the BS about it must be in a locked container or glove box and stuff, but when you look at the carry maps on www.open-carry.org, you'll see that some places (like Arizona) actually require you to keep a hand gun in the glove box.

BuffCyclist
01-13-2010, 14:40
From what I've learned on this site and doing my own reading up on it, the one thing you don't want to do is keep it next to your registration and proof of insurance.

Because if you do get pulled over, and you have a pistol in your glovebox that you have to move to get to the registration/insurance the officer will most likely see that and freak out. Definitely not something I'd want to deal with.

Glock Shooter
02-11-2010, 07:14
You car is an extension of your home you are granted all RIGHTS associated with having a firearm in your home i.e you can put it anywhere in your car you desire. On the seat, in the glove box, in the center console, IN YOUR CAR!!!

GoldFinger
02-11-2010, 08:08
However, if you are parked at a k-12 school, and NOT in the vehicle, then the gun must be in a compartment.

(3) (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

theGinsue
02-11-2010, 10:09
Glock Shooter & Goldfinger - cumulatively, you are correct. The rules applying to your car as an extension of your home is valid as long as you are in your car. Once you vacate the vehicle, the rules change a bit (as Goldfinger pointed out).

Irving
02-11-2010, 12:28
Remember that what has been said in this thread, only applies in this state. Other states are different.

sniper7
02-11-2010, 12:47
best thing is to get your concealed carry permit then as long as other states recognize your CO CCW, you don't have to worry about a thing.

DeadElephant
02-11-2010, 13:02
I have talked to LEO's in several of the local municipalities and they are being given mixed mesages by their DA.

Specifically Aurora and possibly Westminster. I have no idea how they can possibly justify not accepting but I do know from talking to LEO friends that they are getting some mixed messages.

Have not heard any situation where either city has every tried to prosecute. I can't imagine how they would hope to win.

TFOGGER
02-11-2010, 14:10
State law trumps local ordinance. Mixed messages or no from the City Attorney, you have the right to carry concealed in your vehicle "for protection while traveling" as long as your travels cross a jurisdictional boundary. I can find the relevant sections of the law in CRS Title 18 (http://www.michie.com/colorado/lpext.dll?f=FifLink&t=document-frame.htm&l=query&iid=73c12f07.334cadc6.0.0&q=%5BGroup%20%27t.%2018,%20art.%2012%27%5D), but essentially, concealed carry was found to be a matter of statewide concern, and the State passed legislation to address it.

The sheer volume of laws that the average LEO is expected to enforce pretty much rules out them knowing them all. I carry a copy of the relevant statutes in my vehicle just in case a police officer is mistaken about the law, even though I have my CCW permit.

cowboykjohnson
02-11-2010, 14:30
However, if you are parked at a k-12 school, and NOT in the vehicle, then the gun must be in a compartment.

(3) (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
This only applies if you have your CCW permit, not everyone else who can legally own a gun and conceal it in their car.