Is a handgun in your backpack consider concealed??

[islandermyk]

So is a handgun in your backpack considered concealed??

and if it is... what do you do to make it considered transporting? Meaning if it was in a gun case locked and not loaded... would that be considered transporting?

This was a question that was brought up to me, and I didn't know how to answer it and thought I could get some words of wisdom from you guys. [Beer]

[Irving]

Without a case, YES.

With a case, good question.

[DANGERTASTIC!]

No. Concealed means concealed.

It has to be visible at all times.

Transporting is a gray area.

This will help

http://crime.about.com/od/gunlawsbystate/p/gunlaws_co.htm

[Byte Stryke]

Yes.


Transporting I believe would require it to be in the case with no ammunition available.

I cannot find where I read that... so don't quote me.



with this crowd I am sure someone will be along in a moment to bust my balls about it. [ROFL1]

[Atrain1]

Yes.


Transporting I believe would require it to be in the case with no ammunition available.

I cannot find where I read that... so don't quote me.



with this crowd I am sure someone will be along in a moment to bust my balls about it. [ROFL1] Hey byte you have been quoted. I do believe you are correct.

[islandermyk]

Right on fellas... I figured having a pistol in a bag on a person would be concealed... and having a pistol in the case locked or something without ammunition could be looked at as just transporting.

I do some bike riding with some firearm carrying friends (motorcycle and mountain biking) and the question was brought up "having a pistol in the camel back pack considered concealed?".

Thank you guys![Beer]

[Zundfolge]

But isn't a backpack a form of case?

I've bought several guns that didn't come with a "case". Some came in cardboard boxes, others came in nothing.

Is there some sort of legal definition of a case?


Seems to me the difference between "carrying concealed" and "transporting" a firearm has more to do with its state or ready. So a handgun, unloaded in the bottom of your backpack would be "transporting" but a loaded gun easily accessible in your backpack would be "carrying concealed".

Since I have a concealed handgun license I guess its all a moot point for me. So go get your permit and don't worry :D

[islandermyk]

Since I have a concealed handgun license I guess its all a moot point for me. So go get your permit and don't worry :D


[Coffee] Yeah... I think I'll go ahead and do that [Beer]

[newracer]

If you are on a bikie or motorcycle you'd be OK until you got off it.

18-12-105. Unlawfully carrying a concealed weapon - unlawful possession of weapons.

(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

[islandermyk]

If you are on a bikie or motorcycle you'd be OK until you got off it.

(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

Now that is interesting...

So many scenarios and questions to go with that... I think it'll be safer to get a CCW in this case... at least there won't be any bad ideas or questions if I have a CCW or not... and actually have to use the firearm...

I think this might be off topic, but does the CCW mean concealment of any type of weapon(s)(knives, rifles, nun chucks, etc..)?

[Fromk]

I closest experience I have is California law. The gun has to be in a locked container* and ammunition or loaded magazines can't be touching it. Basically it is inaccessable. That second part could be as simple as some padding in a pelican case or the pocket in a gun rug however we recommended to keep mags unloaded and ammo in a clearly separate area.

I'm not 100% sure how that translates here but I figured going by a state with crazy tough laws it would be a good start and safe is better than sorry.

*A locked container could be as simple as a luggage lock connecting the strings on a backpack zipper. That's what happens when gun laws are passed with no knowledge of how they work.

[Paladin]

Now that is interesting...

So many scenarios and questions to go with that... I think it'll be safer to get a CCW in this case... at least there won't be any bad ideas or questions if I have a CCW or not... and actually have to use the firearm...

I think this might be off topic, but does the CCW mean concealment of any type of weapon(s)(knives, rifles, nun chucks, etc..)?

Handgun only

[DFBrews]

Handgun only

there goes the underfolder in the backpack idea[NoEvil]

[Byte Stryke]

Handgun only


there goes the underfolder in the backpack idea[NoEvil]



PFFFT


NOW how am I going to pedal my newly purchased Bazooka all of the way home?

[Dunno]

[DFBrews]

PFFFT


NOW how am I going to pedal my newly purchased Bazooka all of the way home?

[Dunno]

Bowers probably has a paddle holster for it[LOL]

[BushMasterBoy]

The law states "on or about your person". Such law means stashed in your belt, hidden under a jacket, or even strapped to your ankle. The weapon is readily available for you to use. If it is difficult to get the firearm out of the backpack " it is not readily available! In otherwords, if you have to take the backpack off your back, unzip the backpack, take the container out of the backpack, and then remove the firearm from the container, it is LEGAL. If you can reach around , retrieve the firearm readily and have it in your hand it is ILLEGAL, unless you have a permit from the State of Colorado for concealed carry. See below for actual legislated law and court decisions:

Title 18 Criminal Code (Colorado Revised Statutes)

Article 12

18-12-105

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 (http://www.michie.com/colorado/lpext.dll?f=FifLink&t=document-frame.htm&l=jump&iid=COCODE&d=18-12-105.1&sid=42275ff9.7319fc62.0.0#JD_18-12-1051), 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 (http://www.michie.com/colorado/lpext.dll?f=FifLink&t=document-frame.htm&l=jump&iid=COCODE&d=18-12-214&sid=42275ff9.7319fc62.0.0#JD_18-12-214); or

(d) A peace officer, as described in section 16-2.5-101 (http://www.michie.com/colorado/lpext.dll?f=FifLink&t=document-frame.htm&l=jump&iid=COCODE&d=16-2.5-101&sid=42275ff9.7319fc62.0.0#JD_16-25-101), C.R.S., when carrying a weapon in conformance with the policy of the employing agency as provided in section 16-2.5-101 (http://www.michie.com/colorado/lpext.dll?f=FifLink&t=document-frame.htm&l=jump&iid=COCODE&d=16-2.5-101&sid=42275ff9.7319fc62.0.0#JD_16-25-101) (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

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).

"Concealed" means placed out of sight so as not to be discernible or apparent by ordinary observation. People ex rel. O.R., 220 P.3d 949 (Colo. App. 2008).

The scope of subsection (2)(b) is clarified in § 18-12-105.6 (http://www.michie.com/colorado/lpext.dll?f=FifLink&t=document-frame.htm&l=jump&iid=COCODE&d=18-12-105.6&sid=42275ff9.7319fc62.0.0#JD_18-12-1056), 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 (http://www.michie.com/colorado/lpext.dll?f=FifLink&t=document-frame.htm&l=jump&iid=COCODE&d=18-12-105.6&sid=42275ff9.7319fc62.0.0#JD_18-12-1056). 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).

[Irving]

The crime you commit by carrying without a permit is pretty low. However, I'm curious if you can EVER get a CCW after you've been busted for carrying without one. Any LEOs on here know?

[Jumpstart]

Since I have a concealed handgun license I guess its all a moot point for me. So go get your permit and don't worry :D

I'd rather the law change so I can CC without government's nose in my bidnis. Then I don't have to worry. A la AK,AZ and VT. [Rant2]

[Seamonkey]

I'd rather the law change so I can CC without government's nose in my bidnis. Then I don't have to worry. A la AK,AZ and VT. [Rant2]

Forgot WY [Beer]

[BushMasterBoy]

I'd rather the law change so I can CC without government's nose in my bidnis. Then I don't have to worry. A la AK,AZ and VT. [Rant2]



I'd vote in favor of that! Constitutional amendment is needed.

[theGinsue]

I looked for it last night, but the Division of Wildlife's website has changed significantly and I wasn't able to find the reference.

Unless it's changed, you are legally able to carry a concealed handgun with you without a permit if you are actively in the act of LEGALLY hunting.

I'll continue to search for an official reference.

[SA Friday]

Get a permits and this situation isn't a problem anymore.

As pointed out earlier, if the pistol is in your backpack in a holster and unloaded, I think any cop judge or jury will be hard pressed to make a claim it was readily available. but then what's the point of having it? Get a permit.