Can I Carry on Public Transportation

[james_bond_007]

Realized I started getting "off topic" and moved (on my own) these posts to the CCW forum.

The discussion is around What is "Public Transportation" (Train, bus, elevator, escalator) and what statutes apply

DISCUSSION OF CRS 18-9-115

EX: Let's explore subsection (1)(a)
18-9-115. Endangering public transportation
(1) A person commits endangering public transportation if such person:
(a) Tampers with a facility of public transportation with intent to cause any damage, malfunction, or nonfunction which would result in the creation of a substantial risk of death or serious bodily injury to anyone; or
(b) Stops or boards a public conveyance with the intent of committing a crime thereon; or
(c) On a public conveyance, knowingly threatens any operator, crew member, attendant, or passenger:
(I) With death or imminent serious bodily injury; or
(II) With a deadly weapon or with words or actions intended to induce belief that such person is armed with a deadly weapon; or
(d) On a public conveyance:
(I) Knowingly or recklessly causes bodily injury to another person; or
(II) With criminal negligence causes bodily injury to another person by means of a deadly weapon.
(2) "Public" means offered or available to the public generally, either free or upon payment of a fare, fee, rate, or tariff, or offered or made available by a school or school district to pupils regularly enrolled in public or nonpublic schools in preschool through grade twelve.
(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.
(5) Endangering public transportation is a class 3 felony.


.........(1)(a) A person commits endangering public transportation if such person :
(i)...........(a) Tampers with a facility of public transportation [AND]
(ii)......................with intent to cause
(iii)....................................any damage, [OR] malfunction, OR nonfunction [AND]
(iv).............................................. which would result in
(v)............................................... ...........the creation of a substantial risk of death OR serious bodily injury to anyone;

For this to be a "crime" all parts (i), (ii), (iv) have to be TRUE.
AND
(ii) is limited to only the items in line (iii)
AND
(iv) is limited to only the items in line (v)


So as far as the "deadly weapons" clauses, it basically says that you can't use a deadly weapon to INTENTIONALLY (1)(c)(I or II) or UNINTENTIONALLY (1)(d)(I or II) do a "bad" thing to someone.

It does not say you cannot CCW on public transportation.

[james_bond_007]

For CRS 18-9-118.

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).

section 9-7-10 - defines EXPLOSIVE and INCENDIARY DEVICE

Note: Excludes ammunition (or components) from being classified as an explosive.

(3) "Explosive" or "explosive device" means any material or container containing a chemical compound or mixture that is commonly used or intended for the purpose of producing an explosion and that contains any oxidizing and combustible materials or other ingredients in such proportions, quantities, or packing that an ignition by fire, by friction, by concussion, or by detonation of any part of the compound or mixture may cause such a sudden generation of highly heated gases that the resultant gaseous pressures are capable of producing destructive effects on contiguous objects, but shall not mean the components for handloading rifle, pistol, and shotgun ammunition and/or rifle, pistol, and shotgun ammunition.

Q: Can I carry ammo, powder, etc. (without having a firearm on one's person) onto Public Transportation ?
A: YES, because it is not defined as a prohibited/restricted item (i.e., an EXPLOSIVE).

Q: Can I carry a firearm (loaded or unloaded) onto Public Transportation ?
A: SOMETIMES. One needs to look at Colorado and Federal Statutes (and Denver for RTD)

For Colorado:
NO PROHIBITION, because a Colorado CCW permit is authorization from your County Sheriff, per Colorado, for you to carry a weapon. As such, you are responsible for complying with State and Federal statues. It is the "legal authority" derived from the CCW statutes that CRS 18-9-118 requires. "Legal Authority" does not mean "only law officers etc.", but extends to all those permitted by law.

For Federal:
SOME PROHIBITION - Federal law prohibits carry (on one's person) firearms for
... Commercial Airlines (exceptions made for certain types of LEOs) See 49 USC 46505 , 49 US 46303
... Amtrak Trains (Can't find any references yet ...)

Denver
Can't find any references yet

[obisean68]

I called RTD back in 2011 after I got my CCW to inquire and was told that I could CCW on RTD buses as long as I had my CCW permit with me. So I carried for 6 months, Thornton to Downtown and back.

[Shiro]

Good analysis, I dont see how you're wrong, and good to know RTDs respose

[Hound]

Generally I think CCW is allowed most everywhere unless specifcally posted otherwise. We all took the classes and know the rules. The point of CCW is that most people don't even know you are carrying. That is why most of us spend the money on good holsters and take care with how/when we use our CCW's. If you see a sign and disregard it or are flashing your gun/not hiding it well, you can expect trouble shortly in this day and age. If you read the signs and really carry concealed nobody ever knows unless you have to use it and then, at least you and yours will hopefully still be able to hear the bitching.

[AirbornePathogen]

I happen to work for RTD, and I've had to answer this question before. RTD does allow lawful concealed carry on the transit system. That said, Hound is right. Concealed means concealed, and make sure you have/carry your permit and another form of ID as required by CRS.

[gnihcraes]

I happen to work for RTD, and I've had to answer this question before. RTD does allow lawful concealed carry on the transit system. That said, Hound is right. Concealed means concealed, and make sure you have/carry your permit and another form of ID as required by CRS.

and Proper fare. The RTD PD has been in force on the new W line FYI.

[AirbornePathogen]

Yes, that too.