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  1. #1
    Former Shooter Spdu4ia's Avatar
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    Default Highway case?

    Does colorado have laws that state if your traveling on the highway that you have to have your rifle in a hard case? I know in some states you have to have a certain kind of case for transport. This is in state, not across state lines. I have a hard case to goto the range but I'm getting another rifle and was looking at a soft range case for it. Thanks.

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    The "Godfather" of COAR Great-Kazoo's Avatar
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    No. Only concern is making sure the rifle or shotgun is not Loaded / chambered. They you fall afoul of DOW laws.
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    Yup, your car is your castle (an extension anyway). I'm sure if the DOW nabbed you they could pin all kinds of charges on, .223 is under legal caliber, no license= poaching, etc.

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    The law that states that a long gun in a vehicle must be unloaded (with respect to chamber) is a law that exists for enforcement against poachers. But it is a general law, and can be enforced by any LEO, not just the Division of Wildlife (Parks now ...).
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    Quote Originally Posted by spqrzilla View Post
    The law that states that a long gun in a vehicle must be unloaded (with respect to chamber) is a law that exists for enforcement against poachers. But it is a general law, and can be enforced by any LEO, not just the Division of Wildlife (Parks now ...).
    Do you have the CRS for that?
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    Quote Originally Posted by MarkCO View Post
    Do you have the CRS for that?
    Yep.

    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. For the purposes of this section, a "muzzle-loader" shall be considered unloaded if it is not primed, and, for such purpose, "primed" means having a percussion cap on the nipple or flint in the striker and powder in the flash pan. 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 suspension points.
    From CRS 33-1-102:
    (32) "Peace officer" means a sheriff, undersheriff, deputy sheriff, police officer, Colorado state patrol officer, or town marshal; a district attorney, assistant district attorney, deputy district attorney, or special deputy district attorney; an authorized investigator of a district attorney; an agent of the Colorado bureau of investigation; a Colorado wildlife officer or special wildlife officer; or a parks and recreation officer.
    The state patrol page you quoted is really not correct on what 18-12-105 criminalizes and permits. In 18-12-105, it is a defense to the crime of having a concealed weapon on your person that the weapon is being carried for the purposes of personal protection while traveling. CRS 18-12-105(2)'s exception does not override CRS 33-6-125's prohibition.
    Last edited by spqrzilla; 12-11-2012 at 18:52.
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    Nope, Fail.

    Section 33 is Parks and Wildlife and specifrically applies while hunting. Even the definition of "Peace officer" is just granting all of those classes the right to enforece game laws. In order for any charges under Section 33 to apply, the accused must have been hunting or engaged in poaching or other damage to those resources under the control of Parks and Wildlife. Section 18 deals with general firearms laws.

    Based on your last sentence, you have now determined which Section has precedence due to a "preceived" conflict within the CRS. You should probably tell the CO State Patrol they are providing people with incorrect information as well.
    Good Shooting, MarkCO

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    Former Shooter Spdu4ia's Avatar
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    Ok so hard or soft case is irrelevant as long as its unloaded. What about having loaded mags in the case?

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    Plainsman
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    Quote Originally Posted by Spdu4ia View Post
    Ok so hard or soft case is irrelevant as long as its unloaded. What about having loaded mags in the case?
    thats fine loaded mags in the rifle is fine.....just no bullet in the chamber

  10. #10
    Gives a sh!t; pretends he doesn't HoneyBadger's Avatar
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    You can basically have it in any configuration... it can be sitting across your lap if you really want, but it cannot have a round chambered.
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