View Full Version : Carry without CCW?
zzzippper
09-01-2012, 16:30
I'm new to CO so I'm not familiar with the laws. I will get my CO CCW so obviously I will not be carrying on my person. But can I carry it concealed in my car? In MO we could, even without a license. Are there any others places that I can have my pistol with me?
I'm new to CO so I'm not familiar with the laws. I will get my CO CCW so obviously I will not be carrying on my person. But can I carry it concealed in my car? In MO we could, even without a license. Are there any others places that I can have my pistol with me?
Legal concealed or open in your vehicle, or on private property(with permission of the property owner or lessee).
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
(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.
in addition
C.R.S. 18-12-105.6 (2012)
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.
also if you get a varmit license you can carry concealed while hunting
Stay out of Denver, and some other areas and you can legally OC... [Beer]
Stay out of Denver, and some other areas and you can legally OC... [Beer]
wrong.
each county and city must be checked
Lakewood arvada denver Thornton Englewood Sheridan and several other cities have open carry bans. Lincoln county does also.
I've open carried in Thronton, and had contact with police, and did not get into trouble. There are a lot of city parks and city owned spaces that ban open carry in Thornton though, and I think that makes people believe that it is banned in the whole city.
wrong.
each county and city must be checked
Lakewood arvada denver Thornton Englewood Sheridan and several other cities have open carry bans. Lincoln county does also.
See how screwed that makes ME then, considering I live right where Lakewood, Denver, Englewood and Sheridan pretty much meet. That's OK, I was taking out coons in my backyard this weekend with my pellet rifle with small game rounds. In the dark. Five head shots [Muaha]
wrong.
each county and city must be checked
Lakewood arvada denver Thornton Englewood Sheridan and several other cities have open carry bans. Lincoln county does also.
Please site sources.
I've open carried in Thronton, and had contact with police, and did not get into trouble. There are a lot of city parks and city owned spaces that ban open carry in Thornton though, and I think that makes people believe that it is banned in the whole city.
I think its like arvada where it could be illegal if the da and cops want to push it.
I live in Lakewood, and OC from time to time, never had an issue. And I've done it around cops...
legaleagle
09-08-2012, 20:39
As far as outright OC ban, I am only aware of Denver. Other cities, towns, municipalities and the like create exceptions to OC. Meaning that if you "breach the peace" you could get into a situation where the PD intervenes. However, "breach of the peace" is rarely defined and is quite subjective. If someone called to say they were scared and there was a man with a gun - that would arguably breach the peace.
While OC is generally legal, I would anticipate issues in non-rural areas. This is generally where the more liberal attitude exists.
We had a guy show up to church with his XD on his hip wearing NRA hat, t-shirt. HE loked like a dork, although I support his rights. Several parishners approached him and asked him what was up. He said he was exercising his 2nd Am. He was an ass about though. THis a very rural church (Save the Cowboy) and no issues arose. Had he come with a cowboy rig, he would have fit in better.
I agree you should just get the CCW permit and then all those worries and concerns about where you can/can't OC go out the window. OC is over-rated anyway. Great way to draw undesired attention and always having to check whether or not your "allowed" to go somewhere. If I was going to open carry something, I'd just as soon open-carry a hammer. No legal issues and I can still effectively kill someone with it if need be. It's also a useful tool [ROFL1]
centrarchidae
09-09-2012, 00:06
I think its like arvada where it could be illegal if the da and cops want to push it.
What happened in those cases (Probably Arvada's as well) was that they had an OC ordinance before the 2002 preemption. Preemption came along, and some cities never formally repealed the ordinances, even though they were no longer valid.
Which leads to the mess like the one in the Springs or in Loveland where you have a cop who knows that he's got a municipal ordinance but doesn't know that the ordinance has been invalidated by state statute, which becomes a pain in the ass for everyone.
Though with loveland it meant a big lawsuit loss so I think most of them are probably more aware of it now.
We had a guy show up to church with his XD on his hip wearing NRA hat, t-shirt. HE loked like a dork, although I support his rights. Several parishners approached him and asked him what was up. He said he was exercising his 2nd Am. He was an ass about though. THis a very rural church (Save the Cowboy) and no issues arose. Had he come with a cowboy rig, he would have fit in better.
It is disrespectful to show up at a church wearing a hat and T-shirt. He should've removed the hat and wore a button down shirt or at least a polo shirt.
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