What is considered Concealed?

[GearHead]

If I am going camping, hiking or fishing and carry a handgun in my backpack, is that considered as concealed? Do I need a permit for that?

[HunterCO]

If it's concealed on or about your person then you are carrying a concealed weapon. Under the new shall issue law it states that a hunter out in the field does not need a permit to carry concealed while hunting. I don't know if that would include fishing or not.

Just open carry untill you get a permit. A gun in a backpack would not do you much good anyway. I have a permit but always open carry when hiking, fishing or hunting.

[Colorado Osprey]

We use to enforce this statue if it was not visable from 3 sides (no front or back open carry) and was easily accessible.
If the backpack was locked or the firearms was in a locked case in the back back you should be ok.

18-12-105. Unlawfully carrying a concealed weapon - unlawful possession of weapons.
Statute text
(1) A person commits a class 2 misdemeanor if such person knowingly and unlawfully:

(a) Carries a knife concealed on or about his or her person; or

(b) Carries a firearm concealed on or about his or her person; or

(c) Without legal authority, carries, brings, or has in such person's possession a firearm or any explosive, incendiary, or other dangerous device on the property of or within any building in which the chambers, galleries, or offices of the general assembly, or either house thereof, are located, or in which a legislative hearing or meeting is being or is to be conducted, or in which the official office of any member, officer, or employee of the general assembly is located.

(d) (Deleted by amendment, L. 93, p. 964, § 1, effective July 1, 1993.)

(2) It shall not be an offense if the defendant was:

(a) A person in his or her own dwelling or place of business or on property owned or under his or her control at the time of the act of carrying; or

(b) A person in a private automobile or other private means of conveyance who carries a weapon for lawful protection of such person's or another's person or property while traveling; or

(c) A person who, 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 it existed prior to its repeal, or, if the weapon involved was a handgun, 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; or

(d) 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

(e) (Deleted by amendment, L. 2003, p. 1624, § 46, effective August 6, 2003.)

(f) A United States probation officer or a United States pretrial services officer while on duty and serving in the state of Colorado under the authority of rules and regulations promulgated by the judicial conference of the United States.

History
Source: L. 71: R&RE, p. 482, § 1. C.R.S. 1963: § 40-12-105. L. 73: p. 683, § 3. L. 77: (2)(c) amended and (2)(d) added, p. 976, § 8, effective July 1. L. 81: (2)(c) amended, p. 1437, § 3, effective June 8. L. 86: (2)(d) amended and (2)(e) added, p. 774, § 2, effective July 1. L. 89: (1)(d) added, p. 911, § 1, effective April 15. L. 93: Entire section amended, p. 964, § 1, effective July 1. L. 94: (2)(e) amended and (2)(f) added, p. 647, § 1, effective July 1. L. 2000: IP(2) amended, p. 1009, § 1, effective August 2. L. 2003: (2)(c) amended, p. 648, § 3, effective May 17; (2)(d) and (2)(e) amended, p. 1624, § 46, effective August 6.

Annotations
Cross references: For affirmative defenses generally, see §§ 18-1-407, 18-1-710, and 18-1-805.

Annotations
ANNOTATION

Annotations
Am. Jur.2d. See 79 Am. Jur.2d, Weapons and Firearms, §§ 12-14, 16.

C.J.S. See 94 C.J.S., Weapons, §§ 9, 10.

Recognition of § 13 of art. II, Colo. Const. Section 13 of art. II, Colo. Const., has limiting language dealing with defense of home, person, and property. These limitations have been recognized by the general assembly in the enactment of this section, which restricts the right to bear arms in certain circumstances, while permitting in other circumstances the carrying of a concealed weapon in defense of home, person, and property, and also when specifically authorized by written permit. People v. Blue, 190 Colo. 95, 544 P.2d 385 (1975).

The words "about the person" means sufficiently close to the person to be readily accessible for immediate use. People in Interest of R.J.A., 38 Colo. App. 346, 556 P.2d 491 (1976).

The scope of subsection (2)(b) is clarified in § 18-12-105.6, which indicates the general assembly's intent that local ordinances on carrying weapons in private vehicles be preempted only insofar as they conflict with the provisions of § 18-12-105.6. Trinen v. City & County of Denver, 53 P.3d 754 (Colo. App. 2002).

The local ordinance concerning carrying a weapon in a private vehicle is not preempted since it can be harmonized with subsection (2)(b). Trinen v. City & County of Denver, 53 P.3d 754 (Colo. App. 2002).

Pistol tucked under edge of car seat. Where uncontested evidence established that pistol was tucked under the edge of a car seat on which petitioner was sitting, where it was within his easy reach, these circumstances constitute carrying a "firearm concealed on or about his person". People in Interest of R.J.A., 38 Colo. App. 346, 556 P.2d 491 (1976).

Question of whether weapon is concealed is question of fact for the jury which should not be summarily determined by the trial judge at the time that he rules on the defendant's motion to suppress. People v. Vincent, 628 P.2d 107 (Colo. 1981).

Former subsection (2)(c) did not confer power to issue permits for carrying concealed weapons to police chiefs and sheriffs. Douglass v. Kelton, 199 Colo. 446, 610 P.2d 1067 (1980).

Person receiving permit to carry concealed weapon cannot be convicted. Once a person receives a permit to carry a concealed weapon in a county or city, he may not be convicted under subsection (2)(c). Douglass v. Kelton, 199 Colo. 446, 610 P.2d 1067 (1980).

Statute as basis for jurisdiction. See People v. Pickett, 194 Colo. 178, 571 P.2d 1078 (1977).

Defendant could not be convicted of carrying a concealed weapon without the prosecution proving that defendant intended to use this short-bladed knife as a weapon. While the characteristics of an instrument may be an important factor in determining the intended purpose of an instrument, the language of the concealed weapons statute and established precedent establishes that a knife's design does not, by itself, prove that the person carrying it intended to use it as a weapon. A.P.E. v. People, 20 P.3d 1179 (Colo. 2001).

Applied in People v. Velasquez, 641 P.2d 943 (Colo. 1982); People v. Deschamp, 662 P.2d 171 (Colo. 1983).

[Colorado Osprey]

...Under the new shall issue law it states that a hunter out in the field does not need a permit to carry concealed while hunting.

Where did you see that...I don't see it listed in exemptions in CRS18-12-105?

thanks......

[KarlPMann]

Most courts would consider it OK as long as the backpack kept it from being "readily accessible". If it was in the backpack AND unloaded you're OK.


"The words "about the person" means sufficiently close to the person to be readily accessible for immediate use. People in Interest of R.J.A., 38 Colo. App. 346, 556 P.2d 491 (1976)."



Karl.

[kwando]

where are you going camping/hiking/fishing?

i went camping/fishing up in tayor reserivor and carried open and no one even cared...

[GearHead]

If the backpack was locked or the firearms was in a locked case in the back back you should be ok.


So, if it was in my backpack, with a clip in it, but I had the factory lock engaged, I would be ok?

Oh, going camping up in Empire CO

[HunterCO]

...Under the new shall issue law it states that a hunter out in the field does not need a permit to carry concealed while hunting.

Where did you see that...I don't see it listed in exemptions in CRS18-12?

thanks......

18-12-204

(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; or
(II) the handgun is in the possession of a person who is legally engaged in hunting activities within the state.

[KarlPMann]

Ummm, that would kinda depend on the "lock". Karl.

[GearHead]

Ummm, that would kinda depend on the "lock". Karl.

Its' a key lock..

[Colorado Osprey]

18-12-204
(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; or
(II) the handgun is in the possession of a person who is legally engaged in hunting activities within the state.

Wow...missed that...I had read it as it still couldn't be concealed....until I re-read it. Thanks..... :D

[DanaT]

We use to enforce this statue if it was not visable from 3 sides (no front or back open carry) and was easily accessible.
If the backpack was locked or the firearms was in a locked case in the back back you should be ok.

So are saying a PD is making up its own laws? I see no-where where it says it has to be visible from 3 sides in any law. I would love for a cop to arrest me on that one. I could always use a new house (and car, and boat, etc)....the settlement would be great!

-Dana

[Great-Kazoo]

So, if it was in my backpack, with a clip in it, but I had the factory lock engaged, I would be ok?

Oh, going camping up in Empire CO


nothing personal, but not having easy accessability defeats the purpose of carrying a firearm. open carry is the way to go until you receive your CCW. i don't think a mountain lion is going to wait for you to go into your backpack, nor the 2 legged predators either.

[HunterCO]

So, if it was in my backpack, with a clip in it, but I had the factory lock engaged, I would be ok?

Oh, going camping up in Empire CO


nothing personal, but not having easy accessability defeats the purpose of carrying a firearm. open carry is the way to go until you receive your CCW. i don't think a mountain lion is going to wait for you to go into your backpack, nor the 2 legged predators either.

+1 what I said in my first post in this thread just open carry. I do it all the time nobody cares out side of the Denver (commie) area. I walked into the WalMart in Gunnison with my .357 nobody said a word.

I bet if I would have bought a gun they would have escorted me to the door though LMAO.

Open carry is very acceptable in all the state excepet for Denver. Gearhead just open carry trust me you will not have any problems I do it all the time outside of the Denver area.

Ok how about this you open carry and if you get any problems I will pay for your legal deffense. That is how sure I am that you will have no problems. This is of course provideing you don't do anything stupid or illegal and after meeting you at the last shoot I seriously doubt that will be a problem. :D

Just open carry and be done with it! :wink: