"Reasonable answers" to wrong statements of the law ... that should be amusing.
"Reasonable answers" to wrong statements of the law ... that should be amusing.
The class instructor responsed with what appears to be very good answers:
These are wonderful questions! Let me address these issues, one at a time:
1. *on an elevator, *on an escalator, *on an RTD bus:
CRS 18-9-118 says: “A person commits a class 6 felony if, without legal authority, he has any loaded firearm or explosive or incendiary device, as defined in section 9-7-103, C.R.S., in his possession in, or carries, brings, or causes to be carried or brought any of such items into, any facility of public transportation, as defined in section 18-9-115 (4).” Public elevators, escalators, buses, trains, and other forms of public transportation are all affected by this - CRS 18-9-115 (3).
We talked to an attorney about this. As far as we know, no court that has ruled that a Concealed Handgun Permit constitutes “legal authority”. Since this has not been tested in court, it may subject permit holders to arrest, prosecution, and conviction. For this reason, it is included on the list of prohibited places.
================================================== =========
2. *in a post office or any building where a federal employee works.
“Possession of firearms is prohibited in any building ... where Federal employees are regularly present for the purpose of performing their official duties.” - 18 USC ยง 930 (a), (g) The statute says it all.
================================================== =========
3. * Indian reservations:
Reservations are effectively considered foreign land by our Federal government. You must follow the laws of each reservation, and most prohibit concealed carry.
================================================== =========
4. *you can't carry a gun into a bar.
Carrying a gun into a bar in Colorado subjects you to arrest, prosecution, and conviction under public nuisance laws. For this reason, bars are included in the list of prohibited places.
================================================== ==========
5. *You cannot carry in certain portions of the National Forest.
The Forest Service regularly designates, and often physically posts, certain areas of the National Forest as being off limits for firearms. You are prohibited from carrying a gun in these places.
Furthermore, firearms may not be discharged in the following National Forest areas: Within 150 yards of a residence, building, campsite, developed recreation site, or occupied area; or across or on a Forest Development road or an adjacent body of water, or in any manner or place whereby any person or property is exposed to injury or damage as a result of such discharge; or into or within any cave. [36 CFR 261.10 (d)].
================================================== ============
6. *If you take any prescription drugs you cannot carry.
Bob didn't hear this: In class, we expounded on this by saying “you must talk to a lawyer before carrying any gun.” We also said “it is your responsibility to research and comply with the laws about concealed carry.” Prescription drugs fall into this category. Obviously, not every prescription drug forbids you from carrying a gun, but some do. If you are using prescription drugs, you must consult competent professionals to insure that you are in compliance with the law.
================================================== ============
7. *If you don't have a permit you cannot carry a gun in the car unless it's exposed?
This topic was discussed at great length in class, and the law on this is not simple. We discussed, for example, the multiple laws that prohibit you from having a gun in your car in Colorado unless you have a “proper” permit. We find that many people, including county sheriffs, don't understand this.
a) For one thing, carrying a gun in your car without a permit is illegal in multiple Colorado cities.
b) For another thing, it is a federal firearms violation to have a gun in your car within 1000 feet of any K-12 Public, private, or parochial school in Colorado school unless you have a “proper” permit, or fall into an exception. In other states, it is illegal even if you DO have a permit, and this poses a huge problem for carry outside the state. This was discussed extensively in class!
All students were assigned homework to read and that homework included reading, and learning, these federal laws for themselves, so they both understand the federal law, and know its exceptions.
================================================== ===========
Instructors, lawyers, and county sheriffs should know these laws, but many don’t even realize many of these laws exist.
I would like to offer Bob (whoever he is), a free class if he simply promises to report the results back to the AR-15 forum.
If you know Bob, tell him his free class is awaiting. Simply send us an email, and he can see for himself the high quality of our $49 course.
Great instruction at a great price!
- Don
All American Concealed Carry (r)
1,4,5,6 and 7 are not correct statements of the law.
And in fact, 7 is the worst misstatement of the many misstatements.
http://www.colorado.gov/cs/Satellite.../1251594549010
What are Colorado's laws concerning firearms?
Colorado allows a person to carry a firearm in a vehicle, loaded or unloaded, if its use is for lawful protection of such person or another's person or property. [C.R.S. 18-12-105(2)] Colorado law also allows a person to possess a handgun in a dwelling, place of business, or automobile. However, you cannot carry the weapon concealed on or about your person while transporting it into your home, business, hotel room, etc. Local jurisdictions may not enact laws that restrict a person's ability to travel with a weapon. [C.R.S. 18-12-105.6] The Act permits the nationwide carrying of concealed handguns by qualified current and retired law enforcement officers and amends the Gun Control Act of 1968 (Pub. L. 90-618, 82 Stat. 1213) to exempt qualified current and retired law enforcement officers from state and local laws prohibiting the carry of concealed firearms.
thats off the states website conceald carry in your car is a-ok holy shit i dont even understand how this guy could be debating that
edit: what state is it illegal fore a ccw holder to carry in there car???
edit-edit what qualifications does one need to have to teach a ccw permit class?
Wow, this guy very misinformed and I would be ferrous at the response the only one that is accurate is that you can NOT carry in a post office...so..I guess 1 out of 7 aint bad. He even has a condescending tone to his reply.
Even free, this class is not worth it.
I need to correct myself, he is also correct, you can not have explosives in an elevator..that being said a firearm, (possessed by a lawfully armed citizen with a current CCW) is NOT an 'explosive'
2, 3, and 5 are correct. 6 is somewhat correct... it is true if it is a narcotic, on any federal land (btw, the same applies to alcohol on federal land).
From CRS 18-9-115
(3) "Public conveyance" includes a train, airplane, bus, truck, car, boat, tramway, gondola, lift, elevator, escalator, or other device intended, designed, adapted, and used for the public carriage of persons or property.
(4) "Facility of public transportation" includes a public conveyance and any area, structure, or device which is designed, adapted, and used to support, guide, control, permit, or facilitate the movement, starting, stopping, takeoff, landing, or servicing of a public conveyance or the loading or unloading of passengers or goods.
18-9-118. Firearms, explosives, or incendiary devices in facilities of public transportation
A person commits a class 6 felony if, without legal authority, he has any loaded firearm or explosive or incendiary device, as defined in section 9-7-103, C.R.S., in his possession in, or carries, brings, or causes to be carried or brought any of such items into, any facility of public transportation, as defined in section 18-9-115 (4).
Oddly enough, one of these checks out. I don't know of a cop that would ever even dream of charging somone with this BS though. lmao. That being said...
What are these "public nuisance laws" he's referring to?
J will be along soon with the facts, Jack!! [Awesom]
Wow. If the instructor is SO wrong on the law, just imagine how flawed everything else he taught was. This is the kind of junk that really should prevent someone from teaching.