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View Full Version : Is it legal to have a loaded rifle in your vehicle?



brokenscout
05-22-2012, 08:57
I was told No?

airborneranger
05-22-2012, 08:58
That is correct - from what I have been told as well.

Lex_Luthor
05-22-2012, 08:58
I'm pretty sure no. But someone can come along with better knowledge than me.

Scanker19
05-22-2012, 09:00
I believe Colorado's definition of loaded is chambered.

JohnTRourke
05-22-2012, 09:01
loaded handgun -- yes
loaded longgun -- no

rondog
05-22-2012, 09:01
Loaded magazine is legal, loaded chamber is not. Shotguns also. Then there's the no 30-rd. mags in Denver thing. In CO.

encorehunter
05-22-2012, 09:01
I believe Colorado's definition of loaded is chambered.

From what I understand this is correct. You are allowed to have rounds in the magazine, but not chambered. Shotguns fall under same rules.

joeyshoe
05-22-2012, 09:02
Loaded mag inserted is ok, but not in the chamber. IIRC...

SuperiorDG
05-22-2012, 09:02
I believe Colorado's definition of loaded is chambered.

Correct, but I wouldn't count on LE knowing this.

brokenscout
05-22-2012, 09:03
In CO your vehicle is an ext of your house.& I told you Spyder:)

rondog
05-22-2012, 09:05
Beware of local city laws though, never know about them....

spqrzilla
05-22-2012, 09:06
In CO your vehicle is an ext of your house.

Not actually. There is a prohibition of having a loaded long gun in your vehicle where "loaded" means a round in the chamber. Its rooted in the attempt to curb poaching but it applies to everyone.

brokenscout
05-22-2012, 09:09
Not actually. There is a prohibition of having a loaded long gun in your vehicle where "loaded" means a round in the chamber. Its rooted in the attempt to curb poaching but it applies to everyone.
Thats what CDOW told me, but I was told to keep them seperate.

brokenscout
05-22-2012, 09:10
Correct, but I wouldn't count on LE knowing this.
what he said

68Charger
05-22-2012, 09:10
Not actually. There is a prohibition of having a loaded long gun in your vehicle where "loaded" means a round in the chamber. Its rooted in the attempt to curb poaching but it applies to everyone.

I was told that was created for safety reasons- a few accidents involving ND while taking long guns in/out of vehicles were the inspiration.

rondog
05-22-2012, 09:11
Not actually. There is a prohibition of having a loaded long gun in your vehicle where "loaded" means a round in the chamber. Its rooted in the attempt to curb poaching but it applies to everyone.

Also intended to curb accidents from morons grabbing a loaded long gun and pulling it out of their vehicle, and either touching the trigger or snagging it on something. My wife used to have a co-worker who lost a son that way due to a loaded shotgun. Was pulling it out by the barrel end (yes, people really do that, he was a teenager) , trigger snagged on something, his life ended.

sniper7
05-22-2012, 12:28
Not actually. There is a prohibition of having a loaded long gun in your vehicle where "loaded" means a round in the chamber. Its rooted in the attempt to curb poaching but it applies to everyone.

this.

mostly it is a hunting thing but it extends to all people.

Not_A_Llama
05-22-2012, 12:58
I was under the impression this was a hunting license points violation. Are there actual penalties beyond that?

Edit: Did some research "Any person who violates this section is guilty of a misdemeanor and, upon conviction thereof, shall be punished by a fine of fifty dollars and an assessment of fifteen license suspension points."

JohnTRourke
05-22-2012, 13:36
I was under the impression this was a hunting license points violation. Are there actual penalties beyond that?

Edit: Did some research "Any person who violates this section is guilty of a misdemeanor and, upon conviction thereof, shall be punished by a fine of fifty dollars and an assessment of fifteen license suspension points."

oaf, since you only have 12, that's pretty much the end of your license.

J
05-22-2012, 14:55
oaf, since you only have 12, that's pretty much the end of your license.

Hunting license points. You get 20 in any five year period.

JohnTRourke
05-22-2012, 15:04
Hunting license points. You get 20 in any five year period.

oh
i was thinking driver's license.
opps

DFBrews
05-22-2012, 15:05
oh
i was thinking driver's license.
opps

side not note I thought cdl drivers and chauffeurs had 15?

james_bond_007
05-22-2012, 15:18
In CO your vehicle is an ext of your house.& I told you Spyder:)

I don't believe this to be true.

JohnTRourke
05-22-2012, 16:11
side not note I thought cdl drivers and chauffeurs had 15?

nope
12
but we can lose it for a lot more things.
more than 15 over is a major problem with a CDL
DUI's, etc

Half Live
05-22-2012, 16:54
Let me quote the law for you peeps


33-6-125. Possession of a loaded firearm in a motor vehicle



It is unlawful for any person, except a person authorized by law or by the division, to possess or have under his control any firearm, other than a pistol or revolver, in or on any motor vehicle unless the chamber of such firearm is unloaded. Any person in possession or in control of a rifle or shotgun in a motor vehicle shall allow any peace officer, as defined in section 33-1-102 (32), who is empowered and acting under the authority granted in section 33-6-101 to enforce articles 1 to 6 of this title to inspect the chamber of any rifle or shotgun in the motor vehicle. For the purposes of this section, a "muzzle-loader" shall be considered unloaded if it is not primed, and, for such purpose, "primed" means having a percussion cap on the nipple or flint in the striker and powder in the flash pan. Any person who violates this section is guilty of a misdemeanor and, upon conviction thereof, shall be punished by a fine of fifty dollars and an assessment of fifteen license suspension points.



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,

Half Live
05-22-2012, 16:55
Let me quote the law for you peeps

33-6-125. Possession of a loaded firearm in a motor vehicle

It is unlawful for any person, except a person authorized by law or by the division, to possess or have under his control any firearm, other than a pistol or revolver, in or on any motor vehicle unless the chamber of such firearm is unloaded. Any person in possession or in control of a rifle or shotgun in a motor vehicle shall allow any peace officer, as defined in section 33-1-102 (32), who is empowered and acting under the authority granted in section 33-6-101 to enforce articles 1 to 6 of this title to inspect the chamber of any rifle or shotgun in the motor vehicle. For the purposes of this section, a "muzzle-loader" shall be considered unloaded if it is not primed, and, for such purpose, "primed" means having a percussion cap on the nipple or flint in the striker and powder in the flash pan. Any person who violates this section is guilty of a misdemeanor and, upon conviction thereof, shall be punished by a fine of fifty dollars and an assessment of fifteen license suspension points.

Half Live
05-22-2012, 16:56
Loaded magazine is legal, loaded chamber is not. Shotguns also. Then there's the no 30-rd. mags in Denver thing. In CO.


For that Denver law, if you are just traveling through Denver it's ok


18-12-105.6. Limitation on local ordinances regarding firearms in private vehicles



(1) The general assembly hereby finds that:

(a) A person carrying a weapon in a private automobile or other private means of conveyance for hunting or for lawful protection of such person's or another's person or property, as permitted in sections 18-12-105 (2) (b) and 18-12-105.5 (3) (c), may tend to travel within a county, city and county, or municipal jurisdiction or in or through different county, city and county, and municipal jurisdictions, en route to the person's destination;

(b) Inconsistent laws exist in local jurisdictions with regard to the circumstances under which weapons may be carried in automobiles and other private means of conveyance;

(c) This inconsistency creates a confusing patchwork of laws that unfairly subjects a person who lawfully travels with a weapon to criminal penalties because he or she travels within a jurisdiction or into or through another jurisdiction;

(d) This inconsistency places citizens in the position of not knowing when they may be violating local laws while traveling within a jurisdiction or in, through, or between different jurisdictions, and therefore being unable to avoid committing a crime.

(2) (a) Based on the findings specified in subsection (1) of this section, the general assembly concludes that the carrying of weapons in private automobiles or other private means of conveyance for hunting or for lawful protection of a person's or another's person or property while traveling into, through, or within, a municipal, county, or city and county jurisdiction, regardless of the number of times the person stops in a jurisdiction, is a matter of statewide concern and is not an offense.

(b) Notwithstanding any other provision of law, no municipality, county, or city and county shall have the authority to enact or enforce any ordinance or resolution that would restrict a person's ability to travel with a weapon in a private automobile or other private means of conveyance for hunting or for lawful protection of a person's or another's person or property while traveling into, through, or within, a municipal, county, or city and county jurisdiction, regardless of the number of times the person stops in a jurisdiction.

Goodburbon
05-22-2012, 17:24
Am I to understand from the law that you just quoted that not only would I be in violation for having my rifle chambered, I would also be in violation for having any pocketknife.

Shall not be infrin....oh ok then.

Half Live
05-22-2012, 17:33
Am I to understand from the law that you just quoted that not only would I be in violation for having my rifle chambered, I would also be in violation for having any pocketknife.

Shall not be infrin....oh ok then.

I do not know where it says anything about knifes in the laws I quoted. Both are Firearm laws,

spqrzilla
05-22-2012, 17:36
I was told that was created for safety reasons- a few accidents involving ND while taking long guns in/out of vehicles were the inspiration.

Every year someone still manages to shoot themselves or someone else with a loaded rifle in a vehicle. About half the time, jacking the action to clear it as the DOW officer walks up to the vehicle.

spqrzilla
05-22-2012, 17:39
I do not know where it says anything about knifes in the laws I quoted. Both are Firearm laws,

Reread 18-12-105(1)(a) that you copied.

Goodburbon
05-22-2012, 17:39
I do not know where it says anything about knifes in the laws I quoted. Both are Firearm laws,


Let me quote the law for you peeps

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,


?

Not_A_Llama
05-22-2012, 17:50
"Knife" there has a legal definition - it's the >3.5" rule

Half Live
05-22-2012, 20:10
Weird, I remember only making 2 posts. I guess I was wrong, thanks for showing me that.

brokenscout
05-22-2012, 21:08
Ok it is a pistol but in a rifle caliber? Like an AR or AK pistol?

Jer
05-23-2012, 11:03
Ok it is a pistol but in a rifle caliber? Like an AR or AK pistol?

A pistol is a pistol and a rifle is a rifle.

brokenscout
05-23-2012, 11:38
A pistol is a pistol and a rifle is a rifle.
True & I know that, just kinda wanted to see what any LE thought. El Paso county said I could carry a Draco for CCW.But I'm curious what would LE think if they pilled someone over and they had a Draco sitting there.A sheriffs deputy(actually 2) told me it was illegal to have a silencer.I tried explaining thats why I wanted to speak with the sherriff. They still said it was illegal and id go to jail.

Jer
05-23-2012, 11:44
just kinda wanted to see what any LE thought

ORLY?


A sheriffs deputy(actually 2) told me it was illegal to have a silencer

I think you answered your own question. When I want a definitive answer to a question involving law I don't ask a LEO. They can't possibly know all the laws they're tasked with enforcing. Sadly, this is the reality that the people making all these laws don't realize.

brokenscout
05-23-2012, 11:56
ORLY?



I think you answered your own question. When I want a definitive answer to a question involving law I don't ask a LEO. They can't possibly know all the laws they're tasked with enforcing. Sadly, this is the reality that the people making all these laws don't realize.
True, which is sad.But I was just wondering how they would feel about it.Just a question, i'll still keep one in my car.

Robert217
05-23-2012, 14:33
I believe Colorado's definition of loaded is chambered.
correct but I always remove the mag just to be safe

Jer
05-23-2012, 15:13
correct but I always remove the mag just to be safe

Not required but if you prefer that you can't go wrong being overly cautious I suppose. But for legality purpose the chamber need only be empty, not the magazine or mag well.