Is a "Charter School" a "Public School"

[jackedco]

Pretty sure I know the answer but wanted to throw it out and see if anyone has first hand knowledge of this. Considering going to a Church that is held at a local Charter School but won't if I'm prohibited from carrying there. I believe the answer is no, I cannot carry at a Charter School because it's still considered a "Public School". Am I missing something or is my answer correct. Appreciate any input.

18-12-214. Authority granted by permit - carrying restrictions

(3) A permit issued pursuant to this part 2 does not authorize a person to carry a concealed handgun onto the real property, or into any improvements erected thereon, of a public elementary, middle, junior high, or high school

Colorado Dept. of Education definition of a Charter School:
What Is a Charter School?
A charter school in Colorado is a public school operated by a group of parents, teachers and/or community members as a semi-autonomous school of choice within a school district, operating under a contract or "charter" contract between the members of the charter school community and the local board of education.

In a charter school, each student, parent and teacher chooses to be there. The "charter," as defined in the Charter Schools Act (Sections 22-30.5-101et. seq. C.R.S.), spells out the school goals, standards, education design, governance and operations. The degree of autonomy to be exercised by the charter school on such issues as personnel, curriculum and facilities is negotiated between the charter applicants and the local school district and reflected in the charter. School-centered governance, autonomy, and a clear design for how and what students will learn are the essential characteristics of a charter school.

Under Colorado law, a charter school is not a separate legal entity independent of the school district, but rather is a public school defined uniquely by a charter and partially autonomous while remaining within the school district. The approved charter application and accompanying agreements are the charter which serve as a contract between the charter school and the local board of education.

[Great-Kazoo]

You are required to leave it secured in your vehicle. You're an adult, you do what you feel is right.

[cysoto]

Pretty sure I know the answer...

You are correct about Charter Schools being considered 'Public' and carrying a concealed firearm (even if you posses a CCW) would be in violation of 18-12-214(3).

[BigBear]

Here's a question... does it apply to only business hours? lol

The church is renting the space. School is not in session during church. Could it be argued that the statute is for the school side and thus not applied to the church since it's not during the schools business hours? Hope I reasoned that out correctly... Ha.

[Monky]

You guys aren't supposed to be w/ in 300 yrds of a school anyways.. who cares if you can carry on it [Coffee]

[spqrzilla]

Charter schools are public K-12 schools. No carry w/o principal's permission.

[Great-Kazoo]

Here's a question... does it apply to only business hours? lol

The church is renting the space. School is not in session during church. Could it be argued that the statute is for the school side and thus not applied to the church since it's not during the schools business hours? Hope I reasoned that out correctly... Ha.

I'd verify what time frame the church is considered on site. As in a school zone the flashing amber lights are only on when in session and that reduced speed limit is applicable.

[Irving]

Charter schools are public K-12 schools. No carry w/o principal's permission.

I don't think the principle can give permission.

[TFOGGER]

Here's a question... does it apply to only business hours? lol

The church is renting the space. School is not in session during church. Could it be argued that the statute is for the school side and thus not applied to the church since it's not during the schools business hours? Hope I reasoned that out correctly... Ha.

The law reads "the real property, or into any improvements erected thereon, of a public elementary, middle, junior high, or high school ", and my understanding is that this applies whether or not school is actually in session.

[cysoto]

The law reads "the real property, or into any improvements erected thereon, of a public elementary, middle, junior high, or high school ", and my understanding is that this applies whether or not school is actually in session.
You are absolutely correct! [Beer]

[cysoto]

I'd verify what time frame the church is considered on site. As in a school zone the flashing amber lights are only on when in session and that reduced speed limit is applicable.

Though you present a good argument, your example deals with speed limit restrictions on public roads which fall under C.R.S. Title 42 and which is a separate issue from carrying a firearm on public school property.

[cysoto]

I don't think the principle can give permission.
This too is correct.

[spqrzilla]

I don't think the principle can give permission.
My error, I was thinking of one of the exceptions for bringing firearms onto school property unconcealed.

[10mm-man]

You guys bring up a good point about the church charter school, session time thing.

I went to two churches that had schools. So if you can't carry on school grounds anytime, even when it's not in session' then going to church (while CCW) on Sunday your hosed!

[jackedco]

So if you can't carry on school grounds any time, even when it's not in session' then going to church (while CCW) on Sunday your hosed!

That seems to be the consensus. Looks like we'll be driving further to Church. Appreciate all the input guys.

[TFOGGER]

That seems to be the consensus. Looks like we'll be driving further to Church. Appreciate all the input guys.

The law only states "public" schools. Private schools and churches are NOT automatically verboten under state law, but can set their own policies concerning weapons.

[spqrzilla]

The law only states "public" schools. Private schools and churches are NOT automatically verboten under state law, but can set their own policies concerning weapons.

This. So a church with its own private school is not covered by the statute. But a charter school is a public school.

[battle_sight_zero]

If it is a charter school you cannot carry. The principal can't authorize you to carry. The board for the school could authorize a employee employed as a security officer for the school to carry.