Carrying in car

[UberTong]

Hey guys, as I have said from some previous threads...I grew up here in CO but spent my early twenties in AZ where I started my gun collection. AZ's laws are quite leniant, and I just had a simple question about carrying in my car. I have yet to obtain my CO ccw, though am going to sign up soon and I had my AZ ccw.

My question is this, can I carry now (unconcealed) in my car, like in the door pocket or under the front seat but visible? Just wanted to get some clarity, and either way I am signing up this week, just gotta pick the place to take the course. Thanks in advance.

[josh7328]

State law here allows you to carry a handgun however you want in your car, if I recall correctly. However, a rifle can only be carried in your car if the chamber is unloaded. Again, this is all if i remember correctly.

[UberTong]

Thanks Josh, thats what I thought too.

[275RLTW]

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18-12-105. Unlawfully carrying a concealed weapon - unlawful possession of weapons. (http://www.michie.com/colorado/lpext.dll?f=FifLink&t=document-frame.htm&l=query&iid=223758e2.132afc84.0.0&q=%5BGroup%20%2718-12-105%27%5D)

(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.

[hkOrion]

First reply is correct.

Your car is an extension of your home - no permit required to carry (concealed or otherwise) as long as you are in your personal vehicle.

Long guns need to have an empty chamber, but can be transported with ammunition attached (inside inserted magazine, on a side saddle, etc).

[UberTong]

Thanks coloccw, with a name like that...do you give classes here?

[josh7328]

K
First reply is correct.

Your car is an extension of your home - no permit required to carry (concealed or otherwise) as long as you are in your personal vehicle.

Long guns need to have an empty chamber, but can be transported with ammunition attached (inside inserted magazine, on a side saddle, etc).

Yeah. Call me crazy but i often have my ar-15 in the back seat, magazine in, bolt locked to the rear. Ive been very thankful for that rifle on multiple occasions.

[UberTong]

Thanks Josh, sounds like a story or two...do tell. [Beer]

[DeusExMachina]

K

Yeah. Call me crazy but i often have my ar-15 in the back seat, magazine in, bolt locked to the rear. Ive been very thankful for that rifle on multiple occasions.

I was thinking about carrying an AK "pistol" in my trunk but there's no good place for it to go. Also that would be a fun little loophole.

Crazy or not, if something really goes wrong you'd be glad to have it.

[UberTong]

I was thinking about carrying an AK "pistol" in my trunk but there's no good place for it to go. Also that would be a fun little loophole.

Crazy or not, if something really goes wrong you'd be glad to have it.


You a gamer? If so are you pumped for the new Deus Ex?

[DeusExMachina]

You a gamer? If so are you pumped for the new Deus Ex?

Haha, yes. I picked the name when I was taking Latin in highschool, though.

[josh7328]

Okay. Heres the best story: I was out shooting in the national forest with my wife on a cold snowy day. She got cold and decided to sit in the car for a while as i finished up, and the tinted windows fogged. Once i got in the car to leave, five 4x4's guickly pulled up and surrounded my car, trapping us. I immediately told my wife to load her pistol. After unholstering my 1911, i reached in the back seat and grabbed the ar, just as one of the trucks pulled ahead of me and started backing up to my car, tow chains attached. I guess they couldnt see through the fogged tinted windows, and thought the car was unattended. Thats when i started the car and brandished the ar-15 to the guy who was now looking in my window. I would have just got out and put my would be theives at gunpoint until the cops arrived, had i not been surrounded, and with my wife. Anyway, the truck that pulled ahead and began backing up to me, left a gap in the trucks when it pulled forward, which i promptly used as my escape route. One of the trucks briefly gave chase, but thats when an impreza shines, and he quickly gave up. Made for an interesting day.

[DeusExMachina]

Wow, that's nuts. What the hell did they want?

[josh7328]

Wow, that's nuts. What the hell did they want?

I dont know. I didnt ask. [ROFL1] i assume judging by the towhooks, my car.

[275RLTW]

Thanks coloccw, with a name like that...do you give classes here?

Yes. www.coloccw.com (http://www.coloccw.com)

[Irving]

josh7328 post here please.

http://www.co-ar15.com/forums/showthread.php?t=16458&highlight=when+closest+shooting+someone

[legaleagle]

Carrying concealed in your vehicle is permitted, but only with a handgun. However, I have always wondered what the defintion of "traveling" is intended to mean in the statute. I would begin applying the plain meaning as per Websters. I haven't checked recently, but I am not aware of any case law interpreting the language.

[DeusExMachina]

Carrying concealed in your vehicle is permitted, but only with a handgun. However, I have always wondered what the defintion of "traveling" is intended to mean in the statute. I would begin applying the plain meaning as per Websters. I haven't checked recently, but I am not aware of any case law interpreting the language.

As I mentioned earlier, how is a "handgun" or "pistol" defined? Would an AK or AR pistol be satisfactory? I'm sure it would be a fun run around.

[legaleagle]

C.R.S. 18-12-101 -
(e.5) "Handgun" means a pistol, revolver, or other firearm of any description, loaded or unloaded, from which any shot, bullet, or other missile can be discharged, the length of the barrel of which, not including any revolving, detachable, or magazine breech, does not exceed twelve inches.

And C.R.S 18-12-202 -
(4) "Handgun" means a handgun as defined in section 18-12-101 (1) (e.5); except that the term does not include a machine gun as defined in section 18-12-101 (1) (g).

Utilizing the legal prinicples to ascribe the plain and ordinary meaning of the words, also consider that the ATF has likely remedied that issue for us all, via the Class VII manufacturing licenses, and requirements for manufctueres to identify firearm types. If the AR, AK, etc is identified as a pistol by the manufacturer, that is good evidence that such weapon is a handgun, including compliance with Colorado statutes.

[TFOGGER]

Carrying concealed in your vehicle is permitted, but only with a handgun. However, I have always wondered what the defintion of "traveling" is intended to mean in the statute. I would begin applying the plain meaning as per Websters. I haven't checked recently, but I am not aware of any case law interpreting the language.

Traveling has been interpreted variously as :across more than one jurisdiction, within a jurisdiction, or any movement on any public thoroughfare. No offense, but lawyers nitpicking the meaning of simple words makes me want to hurt myself... [Bang]

"It depends on what your definition of "is" is..."

[OneGuy67]

Carrying concealed in your vehicle is permitted, but only with a handgun. However, I have always wondered what the defintion of "traveling" is intended to mean in the statute. I would begin applying the plain meaning as per Websters. I haven't checked recently, but I am not aware of any case law interpreting the language.


There really hasn't been a good definition for that. All the case law associated with the statute doesn't define it at all. In the nearly 20 years now that I've been a cop, I've never been given a definition of it from a District Attorney, or other like law school graduate. Conversely, there hasn't been much issue of it made outside the city limits of Denver. They have their own municipal ordinances that prohibit the practice.