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  1. #2
    High Power Shooter james_bond_007's Avatar
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    Does CRS 18-9-118 prohibit CCW on the RTD ?

    CRS 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).

    REFERENCES

    CRS 9-7-103. Definitions
    (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.

    CRS 18-9-115. Endangering public transportation
    (Discussed earlier)
    Q1: Can a CCW permit holder carry live ammo or powder or bullets (without having a firearm) on the RTD?
    A1: Yes. Per CRS 9-7-103, ammo or ammo components are NOT considered "Explosives" and are thus NOT prohibited by CRS 9-7-103, thus anyone that can legally possess ammo or components can carry it on the RTD.

    Q2: Can a CCW permit holder carry a firearm on the RTD ?
    A1: YES. As the CCW permit holder was granted the permit by their County Sheriff, and the Sheriff was empowered to grant said permit by the state statutes, providing the permit holder met the requirements, the CCW permit holder has been grated "legal authority" by the State of Colorado to carry a concealed weapon, per the CCW statutes. I can find nothing in the CRS or CFR that prohibits a permit holder from CCWing on the RTD.

    NOTE: The term "without legal authority" is quite imposing, and leads one to believe it applies to only granting permission to LEO or Military personnel; however, that is misleading. Legal authority is that ability granted by the state (CRS) and/or Federal (CFR) government to those that meet state and federal requirements, and not exclusive to agents of those government agencies.

    I could find no City of Denver codes that prohibit this...maybe I missed them?
    maybe other cities that the RTD passes through have such codes ?
    Anyone ?
    Last edited by james_bond_007; 05-04-2013 at 12:54.
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