Excellent Pulp Fiction reference!
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Everybody, I do apologize. I have in fact supplied incorrect legal information I attained from various sources online in 2007, as well as from the person who issued my c/c certification last year. I will elaborate:
I have searched the Co.gov website,CO ATF website, the CSP website, and every search engine I know for a link to Colorado's complete firearms' code section, along with Denver/Aurora, and can't find anything. Can somebody shoot me a link, or thread it here? Couldn't locate in '07 either. If I had, I wouldn't be blushing now.
I thank all involved for correcting me. I promise never to dictate legal code again without 1st currently researching through only proper channels.
I now must dig a hole to stick my head in.[Bang][Roll1][Dunno][Hang]
OK...fair enough.
But just to be clear, there's no restrictions in any municipality against having a handgun (loaded or unloaded, visible or concealed) in your vehicle, anywhere in the state. This is regulated by state statute and, as already mentioned, has been challenged in court and upheld.
Now, you can check this out:
33-6-125. Possession of a loaded firearm in a motor vehicle.
Now, I have to be honest. I don't think there is any definition for "loaded" vs "unloaded" in Title 18 (the criminal code). It's been a while, so I may have forgotten where to look.
No worries [Beer]
Best info on current laws : Colorado Revised Statutes
also :http://www.handgunlaw.us/ and www.usacarry.com
This is what I found:
Quote:
18-12-204. Permit Contents - Validity - Carrying Requirements.
(3) (a) a person who may lawfully possess a handgun may carry a handgun under the following circumstances without obtaining a permit and the handgun shall not be considered concealed: (I) the handgun is in the possession of a person who is in a private automobile or in some other private means of conveyance and who carries the handgun for a legal use, including self-defense.
But does this mean that you have to be IN your car when acting in self-defense? Like ONLY if someone tried to carjack you at gunpoint? Or what if you were doing a Craigslist transaction like this guy was, in the general vicinity of your vehicle (not highlighted in the story, this is the hypothetical part), and just MAYBE you had the chance to pull your weapon out of your vehicle and use it to save your own life?
That is precisely what I was hinting at on post no. 15... To the best of my knowledge, this law has never been brought up in a Colorado Court of Law and therefore there is no case law to fully answer your question.
If we adhere to the letter of the law, a person who is exercising his right to self-defense, needs to be within the confines of the vehicle. Again, the definition of what are the confines of your vehicle has never been challenged in Colorado but there is case law in our neighboring state of New Mexico where a judge ruled that, (and I am paraphrasing) "as long as you are within arms reach of your vehicle, you are considered to be 'in' your vehicle". This, of course, has absolutely no legal ramifications in our state but it could be used by the defense team to validate their defense. Whether a judge will side with them or not, is yet to be seen...
Is it confusing enough for you yet?!? [Muaha]
In order to stay within the law, your gun needs to stay inside your vehicle while carrying without a permit.
If you had to run to your car and get a gun to protect yourself, once the gun is out, it's not concealed anymore, and I can't see how it would matter if you have a CCW or not. However, once you get to the point of having a gun in your HAND, then things change. So, assuming there was some crazy scenario where you are able to run to your vehicle, dig around for your gun, then emerge again from your vehicle, ALL ON THE DEFENSIVE, then I'm not sure if it matters if you have a CCW or not. At that point you are brandishing and not carrying anyway. Clear as mud?
damn its all kinda dizzying , i guess ill keep the bazooka empty when i have a loaded gun in the car