Newbie to CO. Question about carry laws

[centrarchidae]

Claimbuster,

Loaded magazines for your rifle or shotgun are okay. The rifle or shotgun needs to have the CHAMBER unloaded. (I think there's a provision somewhere requiring that long guns be completely unloaded on ATVs or snowmobiles, but it's been a while since I had to do anything with it and I forgot where it is.)

I took this quote from the legislature's web site not five minutes ago.

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

[Deckert]

The 'right" to carry a firearm in your vehicle is a bit tricky. The state constitution provides that a citizen can carry a weapon in their vehicle for the purpose of "self-defense while travelling."

Learn those words, especially if you do NOT have a CCW!

My understanding is that you may still be charged with a CCW violation IF the authorities choose to do so, however, the constitutional provision can be used as a "positive defense" at trial. My recommendation would be to use those words - and those words only - if you are ever questioned by the police when and if they discover a firearm in your vehicle. Then shut up and get a lawyer. Offer NO OTHER explanations that might dilute or negate your constitutional protection. The cops WILL want more, but DON'T DO IT. Be polite but refuse to speak more without the benefit of counsel.

Plus, never, ever, give voluntary consent to a vehicle search. Ever. The cops will need probable cause to search without your consent and, if they choose to do so anyway, will pollute any "evidence" they discover. They may delay you, threaten you, cajole you if you say "no". Screw 'em, let them get a warrant from a judge.

Most of the present restrictions imposed by Denver are applicable to Denver residents ONLY (for example, there IS a list of prohibited "assault weapons" forbidden to Denver residents) and there is NO restriction on magazine capacity to non-Denver residents. I researched this a year or two ago. It took MANY repeated calls and emails to the Denver DA and police. I FINALLY got this answer from a training officer at the Denver Police range via email which, of course, I have preserved.

Now the disclaimer: I am not an attorney and this advice is worth exactly what you have paid for it. While I believe it to be true and accurate, I take no responsibility whatsoever for your actions or choices. I highly recommend you confirm this or any other information before you rely upon it.

Best of luck and welcome home!

[theGinsue]

Deckert's eMail is right on the mark! One of the posts that used to be (and may still be) here on the site was a video of an attorney with "rebuttal" at the end by a PD officer that said NOT to make any statements to the police. Remember, ANYTHING you say CAN be used against you - even if you didn't mean it the way it is used against you.

While I used to live & work on a Federal installation (still work on one) which implies consent to search, at no other time will I ever willingly grant the right to search my person, home or vehicle. If they really want to search, their "probable cause" had better stand up in court or they'd better show me the warrant first. With this said, I can't recall a time I had anything to hide - but I still maintain my right to my privacy. This has caused my to sit on the side of the road for upwards of an hour while the PD officer looked for something he could use to obtain his probable cause (suggested homework: learn about the "plain sight doctorine"). In the end, I was always allowed to go about my business.

[HunterCO]

The 'right" to carry a firearm in your vehicle is a bit tricky. The state constitution provides that a citizen can carry a weapon in their vehicle for the purpose of "self-defense while travelling."

I don't know where you got that it says for "personal protection" as well as other lawfull purposes not self defense!

Learn those words, especially if you do NOT have a CCW!

Why is that? You don't need a ccw to carry in a private means of convenience. That is the "LAW"

My understanding is that you may still be charged with a CCW violation IF the authorities choose to do so, however, the constitutional provision can be used as a "positive defense" at trial. My recommendation would be to use those words - and those words only - if you are ever questioned by the police when and if they discover a firearm in your vehicle. Then shut up and get a lawyer. Offer NO OTHER explanations that might dilute or negate your constitutional protection. The cops WILL want more, but DON'T DO IT. Be polite but refuse to speak more without the benefit of counsel.

Your understanding is very flawed and I might suggest removing the tin foil and coming back to mother earth.

Plus, never, ever, give voluntary consent to a vehicle search. Ever. The cops will need probable cause to search without your consent and, if they choose to do so anyway, will pollute any "evidence" they discover. They may delay you, threaten you, cajole you if you say "no". Screw 'em, let them get a warrant from a judge.

I am going to guess you have never been to law school just a guess? A LEO only needs reasonable suspicion to search your vehicle. Trust me you will loose in court it don't take much to give them that and telling them to FO wont work. Last but not least they don't need a warrant to search your vehicle!

Most of the present restrictions imposed by Denver are applicable to Denver residents ONLY (for example, there IS a list of prohibited "assault weapons" forbidden to Denver residents) and there is NO restriction on magazine capacity to non-Denver residents. I researched this a year or two ago. It took MANY repeated calls and emails to the Denver DA and police. I FINALLY got this answer from a training officer at the Denver Police range via email which, of course, I have preserved.

Never ask a cop about the law that is like asking a cashier at the gas station about a medical problem it's rather silly.

Now the disclaimer: I am not an attorney and this advice is worth exactly what you have paid for it. While I believe it to be true and accurate, I take no responsibility whatsoever for your actions or choices. I highly recommend you confirm this or any other information before you rely upon it.

Best of luck and welcome home!

That is the best part of your whole post.

[Mikester]

I don't know where you got that it says for "personal protection" as well as other lawfull purposes not self defense!



Why is that? You don't need a ccw to carry in a private means of convenience. That is the "LAW"



Your understanding is very flawed and I might suggest removing the tin foil and coming back to mother earth.



I am going to guess you have never been to law school just a guess? A LEO only needs reasonable suspicion to search your vehicle. Trust me you will loose in court it don't take much to give them that and telling them to FO wont work. Last but not least they don't need a warrant to search your vehicle!



Never ask a cop about the law that is like asking a cashier at the gas station about a medical problem it's rather silly.



That is the best part of your whole post.

I couldn't agree more. And this is something to remember folks...if an officer stops you and asks if you have any "guns, knives, drugs, hand grenades or bazookas" in the car....you better answer him truthfully or your in for a shitstorm.

[rondog]

A cop can do any damn thing he wants to you, and arrest/charge you with any damn thing he wants. Whether it will hold up in court is an entirely different matter. The charges may get thrown out, he may be reprimanded/spanked/fired/whatever, but he CAN cause you mucho grief and expense whether it's justified or not. BTDT.

Personally, I'll be as cooperative and honest as possible, but I will be VERY guarded as to what I say, and will certainly request legal counsel first. Refusing to speak will surely piss them off and inflame the situation. I'll demand my rights, but not to the point of getting tazed and clubbed for it.

[Deckert]

HunterCO... what can I say, sorry I pissed you off? Well, no, I'd rather not.

I offered my opinion and my understanding of the law as I know it. Sure I may well be wrong and you may certainly disagree with my opinion. Not sure why you choose to be so pissy about it, but hey, whatever.

Of course a police officer can search your vehicle if they choose. They can detain you and pretty much do damn well what they want I guess. My advice was to never give voluntary consent and I stand by it. I never said be impolite or tell them to "FO" which, I presume, means "fuck off". I never said that it would be good to lie to the police either. Why would you want to piss them off? I said, and I mean, that citizens should never surrender to the "mind if I look in the trunk?" trick. It's a cop method of avoiding the restrictons of the Fourth Amendment and I think it's wrong. Yes, yes I do mind your unjustified violation of my Fourth Amendmant rights officer, no matter what bullshit reason you think you've got.

Never went to law school, and I said so, and so your "guess" that "I never went to law school" is obviously intended as a gratuitous insult. Why insult me? Same deal with the "tin foil hat" comment. Cheap insult, nothing more.

As far as asking a cop for legal advice, I agree. I started with the DA and the Mayor's office. I was consistently ignored and, finally after many repeated attempts, the Mayor's office referred to the police officer I spoke to... maybe not the best, but it was all I could force out of the system. He seemed like a really decent guy.

You seem to be a supporter of the police, perhaps you are even an LEO yourself, I don't know. I support the cops too. It's a tough job that I wouldn't want. However, I am not fool enough to believe that the police are my friends. They aren't. You want me to trust them. I don't. I don't want to make their job harder, in fact I regard any contact with the police as unfortunate and unpleasant. At least I've never had a good one. And, no, I'm not a crook nor have I ever been one. My worst social "faux pas" is a speeding ticket.

Finally, you may in fact be the "Super Moderator" and I respect your authority in that role. However, that's neither identical to nor a license to be a "Super Douchebag" which, I submit, you were in your response.

Geez dude.

[HunterCO]

Deckert

You did not piss me off you will have to try much harder than that. I am sorry if I offended you but at the same time why give false information?

I realize Denver is by no means the most gun freindly place in CO, but to tell people that they will get hammered if they go in to denver with a gun is ridiculous.

Once again your 4th ammendment rights do not apply to your vehicle an officer does not need a warrant to search it. My point is that you went off about how you will never give consent or talk well guess what...........that is going to get your car searched since you must have something to hide. I might also add usually if an officer asks if they can search your vehicle for what ever reason they are already suspicous.

Right or wrong that is the way things are. Your attitude is going to get you nowhere on the side of the road.

I have no "authority" as you put it I don't veiw myself any different than any other member of this site. You are always welcome to tell me what you think just keep it civil and there is nothing you could ever say to me that would get you in trouble on this site.

HunterCO
"SuperDouchebag"

[cleaner72]

this is direct from a lawyer:

If you do not wish to consent to a search of your vehicle, you should make two things clear to the officer. First, that you do not consent to a search of your vehicle, and second that you will not physically obstruct him if he believes that he has probable cause. This is so because even if you refuse consent to search the officer might search anyway. If the officer searches your car without your consent he will have to justify to a judge why he thought he had probable cause to search in the event contraband is discovered. If you are charged with a crime based upon items seized from the car, your lawyer may be able to challenge the admissibility of this evidence with a suppression motion. Had you consented to the search then this potentially valuable defensive strategy would not be available to you.

Each state has its own laws governing this. In colorado probable cause is all they need and that definition can be very broad....after that its up the the lawyer you get.

[Irving]

You do not need a CCW permit to carry a hand gun in your car, and there are no restrictions as to where or how you carry it.

I was recently stopped at a DUI check point and asked to exit my vehicle for a sobriety test while wearing my loaded (with round in the chamber) gun on my hip in an IWB holster, covered under my shirt. I do NOT have a CCW. I explained to the officer that I was carrying. He instructed me to pull over to the side of the road and wait for him there. He approached with another officer, had me undo my seat belt and get out of the vehicle. I put my hands on the roof, and they removed my pistol from the holster under my shirt. The guy started to do the finger sobriety test, then stopped less than 10 seconds later when he realized I was no where near intoxicated. They came to the passenger side of the car, handed me my license, set the now unloaded gun (magazine out and slide locked open) with the mag next to it and even tossed the round I had chambered onto the floor and that was that. They didn't even lecture me about having the gun and the way I was carrying it.

This was in Thornton by the way.