Newbie to CO. Question about carry laws

[rabbitstew]

HI, recently moved back home to CO after ten years out of state...Glad to be back and a bit unfamiliar with current laws, just to make sure...I'm allowed to legally carry a loaded pistol concealed in my automobile while driving anywhere in the state, including Denver? I don't have a CCW, though will soon. Is there any fine print legal issues within counties that I should know about? Do most of you carry while driving, and have you ever encountered any issues from authorities? Thanks for your help.

[John Moses Browning]

It is perfectly legal to carry a handgun with a loaded magazine and a loaded chamber in your glove box in the state of Colorado. A vehicle is personal property, and you do not need a CCW to carry a weapon IN it. Just the same as you don't need a driver's license to drive a car on your land, just public land.

Denver is legal-limbo concerning most firearms in general. To my knowledge, their 'personal' firearms laws are in conflict with the state Constitution, so it's unclear as to whether or not they can actually enforce them to that regard. For the mean time, however, if you have to go into Denver ( the one place where you might actually need a damn firearm to defend yourself. . ) well, what they don't know won't hurt them. Personally, I find it better to be judged by twelve than carried by six, as that old saw goes. .

By the way, welcome to the boards, friend!

[Sucka]

Yup, as JMB explained Denver fought for and won a "home city rule" or some such case that grants them the right to operate outside the boundaries of state preemption (go figure because that's exactly the point of preemption is to avoid this type of BS). I'm not 100% on this, but i believe the reasoning is the city of Denver existed before the state of Colorado or something like that? Someone i'm sure can clarify on that, but they have fought for, and been able to legally ban open carry, mags over 20 rounds, their own watered down AWB and so forth. Whether or not any of these laws have actually been challenged in a court of law, i have no idea.

To my knowledge, and i'm not a lawyer, you still can legally carry a firearm within the county of Denver in your personal vehicle without a permit. Depending on your county you can have a permit pretty quickly, so just cover your ass and get it. Best bet is to avoid Denver all together if you can.

BTW: Welcome back, and to the site. You can also read up on Colorado laws over on www.rmgo.org

[rabbitstew]

Thanks a bunch for the reply

[claimbuster]

Just remember this applies to handguns only. Loaded shotguns and/or rifles in your car are still a no-no.

[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.