Firearms in car on CU/UCCS property?

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11-09-2009, 23:57
d_striker

Firearms in car on CU/UCCS property?

I've searched and read everything I could get my eyes on on the matter but nothing completely clarifies this question. I know that CCW is not allowed on CU/UCCS property but what about leaving it in your car while on campus property?

From RMGO:

-School, college, or university grounds.
18-12-105.5. Unlawfully carrying a weapon - unlawful possession of weapons - school, college, or university grounds.
(1) A person commits a class 6 felony if such person knowingly and unlawfully and without legal authority carries, brings, or has in such person's possession a deadly weapon as defined in section 18-1-901 (3) (e) in or on the real estate and all improvements erected thereon of any public or private elementary, middle, junior high, high, or vocational school or any public or private college, university, or seminary, except for the purpose of presenting an authorized public demonstration or exhibition pursuant to instruction in conjunction with an organized school or class, for the purpose of carrying out the necessary duties and functions of an employee of an educational institution that require the use of a deadly weapon, or for the purpose of participation in an authorized extracurricular activity or on an athletic team.
(3) It shall not be an offense under this section if:
(a) The weapon is unloaded and remains inside a motor vehicle while upon the real estate of any public or private college, university, or seminary; or...

The red text basically says that it's ok to have firearms on campus as long as they are unloaded and in one's vehicle. However, according to the CU Regents:

"NOW THEREFORE BE IT RESOLVED that the possession of the firearms, explosives, or other dangerous or illegal weapons on or within any University of Colorado campus, leased building, other area under the jurisdiction of the local campus police department or areas where such possession interferes with the learning and working environment is prohibited."
11-10-2009, 01:54
Irving

If you leave it in your car, who is going to even know about it?
11-10-2009, 07:01
Bailey Guns

The law says concealed carry on public college campuses is legal. CU rules/regs prohibit firearms.

CU's policy has been challenged in court and the court upheld their policy even though it conflicts with state law.
11-10-2009, 07:27
Roger

I'll call the chief at UCCS today and find out. He's pro gun so I suspect he won't care. I'll let you know soon.
11-10-2009, 08:37
BigBear

UCCS bylaw just states "Where it interferes with learning, etc..." Having an unloaded firearm in your car that no one knows about it not interferring with learning, etc...

my two cents.

Always advisable to call those in charge and just ask.
11-10-2009, 09:12
d_striker

Quote:

Originally Posted by BigBear

UCCS bylaw just states "Where it interferes with learning, etc..." Having an unloaded firearm in your car that no one knows about it not interferring with learning, etc...

my two cents.

Always advisable to call those in charge and just ask.

states campus jurisdiction OR areas that interfere with learning.
11-10-2009, 09:13
d_striker

Quote:

Originally Posted by Sturtle

If you leave it in your car, who is going to even know about it?

if no one sees you steal a tv then who's going to even know about it?
11-10-2009, 09:17
d_striker

Quote:

Originally Posted by Roger

I'll call the chief at UCCS today and find out. He's pro gun so I suspect he won't care. I'll let you know soon.

Thanks Roger. Is it Jim Spice? If it is, he may be pro gun but he is anti ccw on campus. I would be a little skeptical if the response returned was negative.
11-10-2009, 10:10
TFOGGER

http://www.rmgo.org/images/SCCC%20Li...ckgrounder.pdf

http://www.rmgo.org/images/SCCC%20Complaint_Final.pdf

These are the particulars of the suit brought by the 3 students against the CU Board of Regents and the chiefs of police for the respective campuses. The complaint notes that the University policy prohibits not only concealed carry with a permit in violation of state law, but also forbids possession in any university building (dorms) or in private vehicles parked on university property. To the best of my knowledge, this has yet to be heard by the court.
11-10-2009, 10:31
sniper7

CCW is prohibited on public k-12 schools but they are allowed in your vehicle. you have to take an extra step and make sure it is in a compartment in your car, as well as the vehicle has to be locked.

I would think that would apply to the school. they can't control your personal property. now if you are in dorms, they can control that even though you rent it, but if the car is yours you have every right to keep whatever you like in there as long as you are legal to own it.
11-10-2009, 10:34
d_striker

Quote:

Originally Posted by TFOGGER

http://www.rmgo.org/images/SCCC%20Li...ckgrounder.pdf

http://www.rmgo.org/images/SCCC%20Complaint_Final.pdf

These are the particulars of the suit brought by the 3 students against the CU Board of Regents and the chiefs of police for the respective campuses. The complaint notes that the University policy prohibits not only concealed carry with a permit in violation of state law, but also forbids possession in any university building (dorms) or in private vehicles parked on university property. To the best of my knowledge, this has yet to be heard by the court.

First link answers it. Bottom of page 7. Thanks.

Next question. Are we talking misdemeanor or felony for having it in the car? I only ask because I know someone that insists that it's legal.
11-10-2009, 11:07
Irving

Quote:

Originally Posted by d_striker

if no one sees you steal a tv then who's going to even know about it?

The person you stole a tv from. Who are you commiting a crime against in this situation? What reason would your car end up being searched?
11-10-2009, 11:13
TFOGGER

Quote:

Originally Posted by sniper7

CCW is prohibited on public k-12 schools but they are allowed in your vehicle. you have to take an extra step and make sure it is in a compartment in your car, as well as the vehicle has to be locked.

I would think that would apply to the school. they can't control your personal property. now if you are in dorms, they can control that even though you rent it, but if the car is yours you have every right to keep whatever you like in there as long as you are legal to own it.

You are correct, in that they SHOULDN'T be trying to regulate possession in a private vehicle, but,

Quote:

Regents Policy 14-I prohibits “the possession of the [sic] firearms, explosives, or
other dangerous or illegal weapons on or within any University of Colorado campus, leased
building, other area under the jurisdiction of the local campus police department or areas where
such possession interferes with the learning and working environment.

And the minimum penalty for violation is expulsion from the campus.
11-10-2009, 11:22
TFOGGER

Quote:

Originally Posted by d_striker

First link answers it. Bottom of page 7. Thanks.

Next question. Are we talking misdemeanor or felony for having it in the car? I only ask because I know someone that insists that it's legal.

It is a violation of University policy, and subject to their administrative penalties, including expulsion from the University, and like concealed carry anywhere else that it is prohibited by policy/signs (like some stores), one who violated it willfully would most likely be subject to 3rd degree criminal trespass charges, as outlined in CRS 18-4-504 (most likely a misdemeanor)
11-10-2009, 11:24
d_striker

Quote:

Originally Posted by Sturtle

The person you stole a tv from. Who are you commiting a crime against in this situation? What reason would your car end up being searched?

What if the tv was in a warehouse or off a truck?

I realize it's a weak analagy but my point is that it's a matter of principle for me. I would rather not break the law even if i don't agree with it or don't think I'll get caught doing it
11-10-2009, 12:01
Irving

I see. Thanks for clearing that up.
11-10-2009, 12:19
rhineoshott

Quote:

Originally Posted by d_striker

if no one sees you steal a tv then who's going to even know about it?

Legality and morality are not always the same. Stealing is a moral crime, carrying a gun is not.
11-10-2009, 13:14
d_striker

Quote:

Originally Posted by rhineoshott

Legality and morality are not always the same. Stealing is a moral crime, carrying a gun is not.

You're right.

While I didn't intend for this to turn into an ethics discussion; breaking the law, regardless of the degree of morality, is breaking the law.
11-10-2009, 16:57
sniper7

Quote:

Originally Posted by TFOGGER

Regents Policy 14-I prohibits “the possession of the [sic] firearms, explosives, or
other dangerous or illegal weapons on or within any University of Colorado campus, leased
building, other area under the jurisdiction of the local campus police department or areas where
such possession interferes with the learning and working environment.

but read that again. your vehicle is on the property of the campus, but the firearm is on personal property.
your vehicle does not fall under the jurisdiction of the campus police department. the parking space you occupy does which is why they can ticket you or tow your car because it is in the wrong space. they can't open the car up and drive it to another location.

that is like telling a person who lives within the school grounds of a k-12 school that they are not allowed to own firearms in their home since they are technically within school boundaries.

possession of a firearm in a compartment in a locked vehicle would not interfere with the learning environment. nobody would know it is there except the owner.
11-10-2009, 18:53
Roger

Per the chief at UCCS. Guns are not allowed on campus. The only exception is for sworn peace officers. And yes that means that they do not allow guns in cars. I don't know how they'd enforce that, but no guns means no guns.

Understand that it is a college policy and not necessarily the belief of the officers who work there.
11-10-2009, 19:04
sniper7

Quote:

Originally Posted by Roger

Per the chief at UCCS. Guns are not allowed on campus. The only exception is for sworn peace officers. And yes that means that they do not allow guns in cars. I don't know how they'd enforce that, but no guns means no guns.

Understand that it is a college policy and not necessarily the belief of the officers who work there.

wow that is crazy, considering you can have one on k-12 campus in your car...and that is state law. they are a public university correct? they receive state tax funds?

I wouldn't want to be the one to test it, but I would love to see this challenged.