Newbie to CO. Question about carry laws

[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.

[dmeis]

...
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

Title 33 is the Wildlife articles. The statute above only applies while hunting. Not daily life.

[HunterCO]

Title 33 is the Wildlife articles. The statute above only applies while hunting. Not daily life.

That statue applies 365 days a year 24/7 you are never alowed to carry a "rifle-shotgun" in a motor vehicle with a round in the chamber period. Exceptions are if you are disabled you can get a permit from DOW to not only carry a loaded rifle/shotgun but you can also shoot from your vehicle.

As the statue states handguns are exempt.(not from shooting from the vehicle you still need the permit but you can carry a loaded handgun no permit needed)

[dmeis]

Your understanding is very flawed. lol Perhaps you are not talking about Colorado State laws? Perhaps other state or municipal laws....

That statue applies 365 days a year 24/7 you are never alowed to carry a "rifle-shotgun" in a motor vehicle with a round in the chamber period. Exceptions are if you are disabled you can get a permit from DOW to not only carry a loaded rifle/shotgun but you can also shoot from your vehicle.

As the statue states handguns are exempt.(not from shooting from the vehicle you still need the permit but you can carry a loaded handgun no permit needed)

Your statements do imply hunting laws... "DOW", "needing a permit to shoot from a vehicle".

Any statute defined under Title 33 applies to Wildlife/Parks/Recreation. Here is the statute in whole:

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….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 suspicion points.

33-6-101 Powers and duties of officers
(1) Every Colorado wildlife officer or other commissioned officer of the division shall enforce the provisions of article 1 to 6 of this title. Every other peace officer, as defined in section 33-1-102(32), may assist the Colorado wildlife officers in the enforcement of articles 1 to 6 of this title…

33-6-125 is enforced by a wildlife officer, or other LEO acting in cooperation with the DOW, all the while enforcing 33-1-xyz to 33-6-xyz.

Furthermore, the penalty for 33-6-125 is a point assessment against your hunting/fishing license. What is the basis for this penalty if people don't hunt or fish?

Title 42 applies to Motor Vehicle and Traffic Code. There are no statutes defined under Title 42 for firearms in the vehicle.

Title 18 is Criminal Code. Article 12 is Offenses Relating to Firearms and Weapons. There are no statutes defined under 18-12-xyz for carrying a loaded firearm in a motor vehicle.

When interpreting laws you have to consider the spirit of the law. In this case fair chase is promoted by limiting the use of a loaded rife-shotgun in a motor vehicle.

[HunterCO]

Your understanding is very flawed. lol Perhaps you are not talking about Colorado State laws? Perhaps other state or municipal laws....

Nope you are welcome to call an attorney it is illegal to carry a rifle with a round in the chamber period. It has nothing to do with DOW I simply stated that you can get a permit to do so if your disabled and hunting.

This is a direct quote from a lawyer.

"You may be a bit confused about what you call the Vehicle Carry Law. Colorado law makes it illegal to carry a loaded (round in the chamber) LONG GUN (rifle or shotgun) in a motor vehicle. The law does not apply to handguns, which may be carried loaded in motor vehicles provided all other applicable laws are observed.

Tony Fabian, J.D"

You are welcome to contact him for further clarification as I am sure he could explain it much better than me.

303.663.9339

[dmeis]

Is that the best you can do? lol I provided facts and articulation to the contrary and all you do is refer me to someone who told you something? I'm not arguing with you I'm just stating the obvious.

I am truly interested in your position but you have no foundation (other than opinion without facts) any further than hearsay from a lawyer.

If there is any truth to your position it could only be because of case law from some obscure statute still in appeals. Or it's like the lore stating you can't use reloads in your protection gun.

:beer: