Firearms transport on ATV/OHV

If this is in the wrong section, please move. First and foremost I am not a hunter, haven't taken a Hunters Ed. class and I have called Parks and Wildlife for an answer on this. I've also read guidelines on their website. The regs state that rifle needs to be in a closed case, empty chamber and magazine. This sounds like its referring to a bolt action as to the empty magazine. What about an AR platform rifle and magazine? Can I have a topped off mag in the case? Just want to hear what those with experience have to say. Been trying to contact P&W Legal Dept. Officer for clarification. Thanks guys.

Added: We are just morning around the trails sightseeing for future camping locations. The AR is for protection only. Don't plan on taking it out of the Pelican case. I have my CCW also.

No but nothing prevents you from having a full mag on the outside.

Also you can carry a loaded pistol in a vehicle or other means of conveyance for defense. Mildly paraphrased from the actual law since im on my phone

My plan is to get a Hill People Gear chest rig for a handgun while riding. But thats for defense purposes, not hunting/target shooting while out riding.

A rifle in a Pelican case without a loaded mag doesn't sound like self protection to me..

I have one of the Hill People Gear chest rigs.. I actually use it as a quick out the door fly fishing rig. Works great and would be even better for it's intended purpose but I don't have my CCW so I believe using it even on the trails would be against the law. I don't think the law that covers carrying in your car as an extension of your home would cover carrying on/in an ATV.

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Originally Posted by def90

. I don't think the law that covers carrying in your car as an extension of your home would cover carrying on/in an ATV.

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As I understand it, it would apply to motorcycles & ATVs.
The "Catch 22" would be when you get off the motorcycle or ATV without having a CCW "permission slip", so some sort of holster or carrier for your pistol needs to be mounted to your motorcycle or ATV.
Also you can carry without a CCW while actively engaging in lawful hunting & fishing.

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Originally Posted by SideShow Bob

Also you can carry without a CCW while actively engaging in lawful hunting & fishing.

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Hmmm, so essentially if I hike out of the Hesse trailhead 4 miles up to one of the lakes below the divide and back as long as I am carrying a flyrod I can CCW?

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Originally Posted by def90

Hmmm, so essentially if I hike out of the Hesse trailhead 4 miles up to one of the lakes below the divide and back as long as I am carrying a flyrod I can CCW?

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Sorry my mistake, the CRS only states hunting.

CRS 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:

(II) The handgun is in the possession of a person who is legally engaged in hunting activities within the state.

Varmit license will let you ccw in the state park

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Originally Posted by def90

I don't think the law that covers carrying in your car as an extension of your home would cover carrying on/in an ATV.

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This myth that a car is an extension of your home needs to be laid to rest. It isn't. You DO NOT have the same expectation of privacy in a vehicle, nor do you have the same legal protections in your car, as you would in your home. You can have a handgun (or other weapon, depending on the statute) in your car, with or without a permit, because state statutes say you can. Not because your car is an extension of your home.

I can't think of any reason you wouldn't be allowed to carry a rifle with an empty chamber in/on an ATV. As far as I know Title 33 statutes don't differentiate between an AR or any other type of rifle...only that the chamber must be empty in/on a vehicle.

Thanks BaileyG. I hope the link down below works, but the part that is gray to me, is the empty magazine concerning a firearm with a detachable magazine. Would I be within the rules if I had a topped off mag in the case or not? I couldn't get in contact with P&W legal officer for clarification.

http://cpw.state.co.us/thingstodo/Pa...ntingRegs.aspx

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Originally Posted by KS63

Thanks BaileyG. I hope the link down below works, but the part that is gray to me, is the empty magazine concerning a firearm with a detachable magazine. Would I be within the rules if I had a topped off mag in the case or not? I couldn't get in contact with P&W legal officer for clarification.

http://cpw.state.co.us/thingstodo/Pa...ntingRegs.aspx

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empty magazine is for it being in the gun you're in possession of. Having a magazine loaded to any capacity it will hold. NOT inserted in the rifle, separate from rifle is ok.
It's not anything that falls under CCW or open carry BUT DOW regs. A chambered / loaded long gun and you're considered poaching.
I'd go with Open Carry of a hand gun while you're carrying a fishing rod.

Wait so one cannot CCW while riding an ATV on trails?

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Originally Posted by Rooskibar03

Wait so one cannot CCW while riding an ATV on trails?

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He was inquiring about a long gun. But no you cannot, everyone else is gtg. [Beer]

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Originally Posted by Rooskibar03

Wait so one cannot CCW while riding an ATV on trails?

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With a CCW permit, you'd be fine. Or, if you have any valid hunting license(including a small game license). Open carry is acceptable pretty much everywhere except those few municipalities that bar it, and posted open space areas/parks.

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Originally Posted by Great-Kazoo

empty magazine is for it being in the gun you're in possession of. Having a magazine loaded to any capacity it will hold. NOT inserted in the rifle, separate from rifle is ok.
It's not anything that falls under CCW or open carry BUT DOW regs. A chambered / loaded long gun and you're considered poaching.
I'd go with Open Carry of a hand gun while you're carrying a fishing rod.

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Perfect. That's what I thought. Thanks Jim!

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.

Couldn't you carry an ar pistol on your atv?


Sent from my iPhone using Tapatalk

Just pintle mount an M240 on the back...

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Originally Posted by Bailey Guns

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.

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Interestingly, not one word about a "magazine" in the statute. "EMPTY CHAMBER".

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Originally Posted by Firehaus

Couldn't you carry an ar pistol on your atv?


Sent from my iPhone using Tapatalk

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A hand gun's a hand gun, no matter what it looks like to the general / uninformed public.

Empty chamber on or in a vehicle ,

and where is all this magazine talk coming from??? Carrying it loaded separate from the gun, never heard of that one...

Check the hunting regs for transport of a firearm. ..

Been riding up here for 20+ years on the ATV's and snowmachines. Never had a problem with USFS LEO"S or DOW/CPW, when they were out, open carried concealed carried, etc. During hunting no round in the chamber, never said anything about a Mag. side arm never even asked to see if it was or wasn't. So read into what ever you think you are reading but as far as riding and getting stooped you are more likely to get struck by lightning.

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Originally Posted by KS63

Thanks BaileyG. I hope the link down below works, but the part that is gray to me, is the empty magazine concerning a firearm with a detachable magazine. Would I be within the rules if I had a topped off mag in the case or not? I couldn't get in contact with P&W legal officer for clarification.

http://cpw.state.co.us/thingstodo/Pa...ntingRegs.aspx

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I thought from your initial post you weren't hunting. Thus the hunting regs don't apply. You're just out riding around on your ATV. If that's the case, in my opinion, the only rule that applies is the carry of the gun in/on a vehicle. Even then, it's covered under the wildlife statutes (Title 33), not the criminal statutes (Title 18).

I'd say f you have an empty chamber on your cased AR you'll be fine. That's what I'd do.

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Originally Posted by Wulf202

Check the hunting regs for transport of a firearm. ..

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He wasn't hunting.

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Originally Posted by Bailey Guns

He wasn't hunting.

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He called parks and wildlife (in the op) who quoted the laws about hunting from an atv.

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Originally Posted by Wulf202

He called parks and wildlife (in the op) who quoted the laws about hunting from an atv.

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For clarification on how to carry a rifle on an ATV. He wasn't hunting.

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Originally Posted by KS63

If this is in the wrong section, please move. First and foremost I am not a hunter, haven't taken a Hunters Ed. class and I have called Parks and Wildlife for an answer on this. I've also read guidelines on their website. The regs state that rifle needs to be in a closed case, empty chamber and magazine. This sounds like its referring to a bolt action as to the empty magazine. What about an AR platform rifle and magazine? Can I have a topped off mag in the case? Just want to hear what those with experience have to say. Been trying to contact P&W Legal Dept. Officer for clarification. Thanks guys.

Added: We are just morning around the trails sightseeing for future camping locations. The AR is for protection only. Don't plan on taking it out of the Pelican case. I have my CCW also.

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Oh...in case you missed it, he wasn't hunting.

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Originally Posted by Bailey Guns

For clarification on how to carry a rifle on an ATV. He wasn't hunting.



Oh...in case you missed it, he wasn't hunting.

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I'm not clear...

Is he hunting or not ?

[beatdeadhorse]

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Originally Posted by clublights

I'm not clear...

Is he hunting or not ?

[beatdeadhorse]

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Yes he is, for a camp sight AND answer to his question. Carry concealed. Last thing the OP wants is some wiley coyote getting the drop on him.

The rule of not having a round chambered while the firearm is in your vehicle applies no matter if you are hunting or not.


ETA: to long guns

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Originally Posted by Bailey Guns

For clarification on how to carry a rifle on an ATV. He wasn't hunting.



Oh...in case you missed it, he wasn't hunting.

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I didn't say he was hunting. I said they quoted the laws about hunting. Just another case where reading the rules yourself is more useful than talking to a leo

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Originally Posted by Wulf202

I didn't say he was hunting. I said they quoted the laws about hunting. Just another case where reading the rules yourself is more useful than talking to a leo

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So true. There are so many laws that a LEO, any LEO, is not expected to be an expert on all of them. Want an expert opinion? Go ask a lawyer. Or better yet, read the statute for yourself and only then ask the question. Most of them are written to the 9th grade level of comprehension so that most citizens can read and understand the essence or spirit of the laws intent.

Build an AR pistol.

They are to Exsanguinate Zombies. Here is some inspiration.
Attachment 57654Attachment 57655Attachment 57656
Some guy I know carried these when he is far from home.

The law regarding firearms in vehicles and OHV (which includes ATV's) apply regardless of whether or not you are hunting. We have discussed this before.

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Originally Posted by def90

I don't think the law that covers carrying in your car as an extension of your home would cover carrying on/in an ATV.

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There is no such "law" regarding an "extension" of your home. There is a specific statute that says that carrying a handgun for personal protection in a vehicle while traveling is an exception to the general prohibition of carrying concealed weapons.

In no way is your car an "extension" of your home.

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Originally Posted by Bailey Guns

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.

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This is not the statute for OHV (aka ATV).