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  1. #1
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    Default CCW on school grounds

    If I am reading the law correctly (edited to add: sturtle pointed out the piece I was missing) it seems anyone with a CCW permit can carry any weapon OTHER than a handgun on school grounds. So...one could legally carry a folding stock AK47 under his trench coat but not a handgun? (edited to add: I think I was totally wrong on this, so don't try it.)

    Here are the pertinent sections of the law. All caps emphasis added by me.



    http://cbi.state.co.us/ccw/Statutes/18-12-105.5.asp

    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.

    (2) (Deleted by amendment, L. 2000, p. 709, § 45, effective July 1, 2000.)

    (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

    (b) The person is in that person's own dwelling or place of business or on property owned or under that persons's control at the time of the act of carrying; or

    (c) The person is in a private automobile or other private means of conveyance and is carrying a weapon for lawful protection of that person's or another's person or property while traveling; or

    (d) The person, at the time of carrying a CONCEALED WEAPON, held a valid written permit to carry a concealed weapon issued pursuant to section 18-12-105.1, as said section existed prior to its repeal; except that it shall be an offense under this section if the person was carrying a CONCEALED HANDGUN in violation of the provisions of section 18-12-214 (3);(SEE THIS SECTION BELOW) or

    (d.5) The weapon involved was a handgun and the person held a valid permit to carry a concealed handgun or a temporary emergency permit issued pursuant to part 2 of this article; except that it shall be an offense under this section if the person was carrying a concealed handgun in violation of the provisions of section 18-12-214 (3); or

    (e) The person is a peace officer, as described in section 16-2.5-101, C.R.S., when carrying a weapon in conformance with the policy of the employing agency as provided in section 16-2.5-101 (2), C.R.S.; or.

    (f) and (g) (Deleted by amendment, L. 2003, p. 1626, § 51, effective August 6, 2003.)

    (h) The person has possession of the weapon for use in an educational program approved by a school which program includes, but shall not be limited to, any course designed for the repair or maintenance of weapons.



    http://cbi.state.co.us/ccw/Statutes/18-12-214.asp

    18-12-214. Authority granted by permit - carrying restrictions.
    (1) (a) A permit to carry a concealed handgun authorizes the permittee to carry a concealed handgun in all areas of the state, except as specifically limited in this section. A permit does not authorize the permittee to use a handgun in a manner that would violate a provision of state law. A local government does not have authority to adopt or enforce an ordinance or resolution that would conflict with any provision of this part 2.

    (b) A peace officer may temporarily disarm a permittee, incident to a lawful stop of the permittee. The peace officer shall return the handgun to the permittee prior to discharging the permittee from the scene.

    (2) A permit issued pursuant to this part 2 does not authorize a person to carry a concealed handgun into a place where the carrying of firearms is prohibited by federal law.

    (3) A permit issued pursuant to this part 2 does NOT authorize a person to carry a concealed HANDGUN onto the real property, or into any improvements erected thereon, of a public elementary, middle, junior high, or high school; except that:

    (a) A permittee may have a handgun on the real property of the public school so long as the handgun remains in his or her vehicle and, if the permittee is not in the vehicle, the handgun is in a compartment within the vehicle and the vehicle is locked.

    (b) A permittee who is employed or retained by contract by a school district as a school security officer may carry a concealed handgun onto the real property, or into any improvement erected thereon, of a public elementary, middle, junior high, or high school while the permittee is on duty.

    (c) A permittee may carry a concealed handgun on undeveloped real property owned by a school district that is used for hunting or other shooting sports.

    (4) A permit issued pursuant to this part 2 does not authorize a person to carry a concealed handgun into a public building at which:

    (a) Security personnel and electronic weapons screening devices are permanently in place at each entrance to the building;

    (b) Security personnel electronically screen each person who enters the building to determine whether the person is carrying a weapon of any kind; and

    (c) Security personnel require each person who is carrying a weapon of any kind to leave the weapon in possession of security personnel while the person is in the building.

    (5) Nothing in this part 2 shall be construed to limit, restrict, or prohibit in any manner the existing rights of a private property owner, private tenant, private employer, or private business entity.

    (6) The provisions of this section apply to temporary emergency permits issued pursuant to section 18-12-209.
    Last edited by atrdriver1; 02-09-2009 at 23:34. Reason: I was dangerously wrong.

  2. #2
    QUITTER Irving's Avatar
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    Regardless of what the law says...

    1) Do you want to find out the hard way when a Class 6 Felony is the minimum punishment?

    2) If they want to expell a high school girl for having a fake wooden gun, do you want to find out the hard way when a Class 6 Felony is the minimum punishment?

  3. #3
    Grand Master Know It All HunterCO's Avatar
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    You lost me what part of DEADLY WEAPON excludes rifles. You can not carry a gun into a K-12 school period. Unless your a police officer or are authorized by the school to do so.

    Back when colorado was a may issue state if you had a permit you could in fact carry your gun on school grounds. I had a permit back then however when they wrote the new shall issue law they made it illegal to carry a handgun on school grounds period.

    You can enter school grounds with a permit carrying concealed as long as you do not exit your vehicle. If you exit your vehicle you must leave your gun locked inside your vehicle.
    "The people never give up their liberties but under some delusion." (Edmund Burke 1784)

  4. #4
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    Colorado law does permit the lawful carry of a concealed handgun on college campuses, however, Colorado college campuses generally will expel a student for the lawful conceal carry on campus.

    It's an ongoing battle.

  5. #5
    Machine Gunner Colorado Osprey's Avatar
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    In El Paso County the CCW is labeled only as a Concealed Hangun Permit and only lets you conceal a handgun, no other type of regulated weapon.

    I will second, third or forth the motion (wherever in the list I am) that you should not enter a school with any firearm/weapon or facsimile.
    I say lets all remove the warning labels and let nature take its course.

  6. #6
    QUITTER Irving's Avatar
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    Quote Originally Posted by Chief_of_Scouts View Post
    Colorado law does permit the lawful carry of a concealed handgun on college campuses, however, Colorado college campuses generally will expel a student for the lawful conceal carry on campus.

    It's an ongoing battle.
    Are you sure? Seems like the last time I read the laws it mentioned college campuses as well. I could certainly be wrong about this though, as my less than photographic memory is only showing me "k-12" for sure.

  7. #7
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    Default Cliff notes

    Ok. I was afraid of this. Let me GREATLY condense the originaly posted sections of the law. I am not advocating any particular action. I am just pointing out the absurdity of the way the law is written. Unless some one out there can point out what I am missing. ie a different section of the law that plugs the "AK47 hole".


    18-12-105.5.
    "(1) A person commits a class 6 felony if such person knowingly...has in such person's possession a DEADLY WEAPON...in or on the real estate...of any public or private elementary, middle, junior high, high, or vocational school or any public or private college, university, or seminary..."

    "(3) It shall NOT be an offense under this section if:"

    (d) The person, at the time of carrying a CONCEALED WEAPON, held a valid written permit to carry a concealed weapon...except that it shall be an offense under this section if the person was carrying a CONCEALED HANDGUN in violation of the provisions of section 18-12-214 (3);(SEE THIS SECTION BELOW)


    18-12-214.
    "(1) (a) A permit to carry a concealed handgun authorizes the permittee to carry a concealed handgun in all areas of the state, except as specifically limited in this section."

    "(3) A permit issued pursuant to this part 2 does NOT authorize a person to carry a concealed HANDGUN onto the real property, or into any improvements erected thereon, of a public elementary, middle, junior high, or high school;..."

  8. #8
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    Quote Originally Posted by HunterCO View Post
    You lost me what part of DEADLY WEAPON excludes rifles. You can not carry a gun into a K-12 school period. Unless your a police officer or are authorized by the school to do so.

    Back when colorado was a may issue state if you had a permit you could in fact carry your gun on school grounds. I had a permit back then however when they wrote the new shall issue law they made it illegal to carry a handgun on school grounds period.

    You can enter school grounds with a permit carrying concealed as long as you do not exit your vehicle. If you exit your vehicle you must leave your gun locked inside your vehicle.
    This part:
    "(3) It shall NOT be an offense under this section if:"

    (d) The person, at the time of carrying a CONCEALED WEAPON, held a valid written permit to carry a concealed weapon...

  9. #9
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    Quote Originally Posted by Chief_of_Scouts View Post
    Colorado law does permit the lawful carry of a concealed handgun on college campuses, however, Colorado college campuses generally will expel a student for the lawful conceal carry on campus.

    It's an ongoing battle.
    You are right.

  10. #10
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    Quote Originally Posted by Colorado Osprey View Post
    In El Paso County the CCW is labeled only as a Concealed Hangun Permit and only lets you conceal a handgun, no other type of regulated weapon..
    An excelent point that warrants futher research/discusion.


    [QUOTE=I will second, third or forth the motion (wherever in the list I am) that you should not enter a school with any firearm/weapon or facsimile.[/QUOTE]

    Because you fear prosecution or some other reason?

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