The pukes in Denver with the "public nuisance" concept must have pissed off someone in the Assembly. Good, those airheads in Denver need to get their feet planted back in the ground.
Colorado CCW Laws..... Did you know about this?
Interesting and liberating info regarding Carrying Concealed in Colorado. Although our duly elected officials have not yet made Colorado a Right to Carry or Shall Issue state they may be on the right (notice I said RIGHT) track.
They have recently made carrying a concealed loaded handgun in your private vehicle (or means of conveyance) legal. It used to be an “affirmative defense” to carry while travelling for the purposes of protection. Local municipalities made it a ”specific defense” (much harder to prove) and used the vague laws to trip unwary travelers. Who could carry in this city but not in the next? My abridged version of the statutes are below check out the links for the full versions from the Colorado State Government site.
18-12-105 - Unlawfully carrying a concealed weapon - unlawful possession of weapons.
(1) A person commits a class 2 misdemeanor if such person knowingly and unlawfully:
(b) Carries a firearm concealed on or about his or her person;
(2) It shall not be an offense if the defendant was:
(b) A person in a private automobile or other private means of conveyance who carries a weapon for lawful protection of such person's or another's person or property while traveling;
(Previously this was an affirmative defense clause, local ordinances made it a specific defense. Now it is an exception on an issue of state wide concern).
18-12-105.6 - Limitation on local ordinances regarding firearms in private vehicles.
(a) A person carrying a weapon in a private automobile or other private means of conveyance for lawful protection of such person's or another's person or property, as permitted in sections 18-12-105 (2) (b) and 18-12-105.5 (3) (c), may tend to travel in or through different county, city and county, and municipal jurisdictions en route to the person's destination;
2) (a) Based on the findings specified in subsection (1) of this section, the general assembly concludes that the carrying of weapons in private automobiles or other private means of conveyance for lawful protection of a person's or another's person or property while traveling into or through a municipal, county, or city and county jurisdiction, regardless of the number of times the person stops in a jurisdiction, is a matter of statewide concern and is not an offense.
(When it becomes an issue of State wide concern, the State law over rules the local ordinances)
(b) Notwithstanding any other provision of law, no municipality, county, or city and county shall have the authority to enact or enforce any ordinance or resolution that would restrict a person's ability to travel with a weapon in a private automobile or other private means of conveyance for lawful protection of a person's or another's person or property while traveling into or through a municipal, county, or city and county jurisdiction, regardless of the number of times the person stops in a jurisdiction.
Statute 18-12-105 Carrying a Concealed Weapon http://64.78.178.125/cgi-dos/statdspp.exe?N&srch=18%2d12%2d105%2a&r=10&s=19421&cr=1
Statute 18-12-105.5 Carrying on School Grounds http://64.78.178.125/cgi-dos/statdspp.exe?N&srch=18%2d12%2d105%2a&r=10&s=19421&cr=3
Statute 18-12-105.6 Issue of State wide concern. http://64.78.178.125/cgi-dos/statdspp.exe?N&srch=18%2d12%2d105%2a&r=10&s=19421&cr=4
Hope that helps some people out there who may live in Colorado or be travelling through,
Bring on Shall Issue.
Regards,
Patriot
A Very Concerned Non-Citizen
------------------
"Both the oligarch and the tyrant mistrust the people, and therefore deprive them of their arms."
- Aristotle, "Politics"
They have recently made carrying a concealed loaded handgun in your private vehicle (or means of conveyance) legal. It used to be an “affirmative defense” to carry while travelling for the purposes of protection. Local municipalities made it a ”specific defense” (much harder to prove) and used the vague laws to trip unwary travelers. Who could carry in this city but not in the next? My abridged version of the statutes are below check out the links for the full versions from the Colorado State Government site.
18-12-105 - Unlawfully carrying a concealed weapon - unlawful possession of weapons.
(1) A person commits a class 2 misdemeanor if such person knowingly and unlawfully:
(b) Carries a firearm concealed on or about his or her person;
(2) It shall not be an offense if the defendant was:
(b) A person in a private automobile or other private means of conveyance who carries a weapon for lawful protection of such person's or another's person or property while traveling;
(Previously this was an affirmative defense clause, local ordinances made it a specific defense. Now it is an exception on an issue of state wide concern).
18-12-105.6 - Limitation on local ordinances regarding firearms in private vehicles.
(a) A person carrying a weapon in a private automobile or other private means of conveyance for lawful protection of such person's or another's person or property, as permitted in sections 18-12-105 (2) (b) and 18-12-105.5 (3) (c), may tend to travel in or through different county, city and county, and municipal jurisdictions en route to the person's destination;
2) (a) Based on the findings specified in subsection (1) of this section, the general assembly concludes that the carrying of weapons in private automobiles or other private means of conveyance for lawful protection of a person's or another's person or property while traveling into or through a municipal, county, or city and county jurisdiction, regardless of the number of times the person stops in a jurisdiction, is a matter of statewide concern and is not an offense.
(When it becomes an issue of State wide concern, the State law over rules the local ordinances)
(b) Notwithstanding any other provision of law, no municipality, county, or city and county shall have the authority to enact or enforce any ordinance or resolution that would restrict a person's ability to travel with a weapon in a private automobile or other private means of conveyance for lawful protection of a person's or another's person or property while traveling into or through a municipal, county, or city and county jurisdiction, regardless of the number of times the person stops in a jurisdiction.
Statute 18-12-105 Carrying a Concealed Weapon http://64.78.178.125/cgi-dos/statdspp.exe?N&srch=18%2d12%2d105%2a&r=10&s=19421&cr=1
Statute 18-12-105.5 Carrying on School Grounds http://64.78.178.125/cgi-dos/statdspp.exe?N&srch=18%2d12%2d105%2a&r=10&s=19421&cr=3
Statute 18-12-105.6 Issue of State wide concern. http://64.78.178.125/cgi-dos/statdspp.exe?N&srch=18%2d12%2d105%2a&r=10&s=19421&cr=4
Hope that helps some people out there who may live in Colorado or be travelling through,
Bring on Shall Issue.
Regards,
Patriot
A Very Concerned Non-Citizen
------------------
"Both the oligarch and the tyrant mistrust the people, and therefore deprive them of their arms."
- Aristotle, "Politics"
1 - 11 of 11 Posts
I live in boulder (north, in Gunbarrel, still in boulder city limits). Would a city or county law prevent me from legally carrying my firearm on my person in my car? It does not say specifically in that law that being a resident of any city would make you liable under their laws. It says that traveling into or through it would become a matter of state law. Since I actually travel out of boulder (onto 119 through gunbarrel) and then back into boulder to go to school that means I am traveling out of and then back into boulder. Does anyone know the county, city, municipality laws in boulder/boulder county? I haven't been able to find them anywhere on the internet.
Matt
Matt
Matt,Originally posted by BeasTboyz:
I live in boulder (north, in Gunbarrel, still in boulder city limits). Would a city or county law prevent me from legally carrying my firearm on my person in my car? It does not say specifically in that law that being a resident of any city would make you liable under their laws. It says that traveling into or through it would become a matter of state law. Since I actually travel out of boulder (onto 119 through gunbarrel) and then back into boulder to go to school that means I am traveling out of and then back into boulder. Does anyone know the county, city, municipality laws in boulder/boulder county? I haven't been able to find them anywhere on the internet.
Matt
The General Assembly of the State of Colorado has said that it is not an offense to have a firearm concealed on or about your person while in your own vehicle while travelling, for protection.
Usually when the State of Colorado makes a law municipalities can enact ordinances that may supercede the state laws, in this case that is no longer possible.
The state made this an "ISSUE OF STATE WIDE CONCERN" which means the state law now supercedes any local laws....so regardless of the local ordinances enacted by the Nazis in Boulder or Denver who were much more severe, you can carry legally for protection while in your vehicle anywhere in the state.
See the link to 18-12-105.6 for the state wide concern piece.
One last point to make something clear, you must be carrying the weapon for lawful protection of such person's or another's person or property while traveling;
You must be
1. In or on your VEHICLE (I sometimes ride a motorcycle or bicycle)
2. The weapon MUST be for PROTECTION (not to go to the gun range with, however everyone needs PROTECTION while going to the range)
3. You must be TRAVELLING. (As to where you are travelling that is your business I would not tell the police officer, I personally would not give a destination, as it is contestable in court).
Hence when in or on my private means of conveyance I am always carrying for protection and I am always travelling some where.
So enjoy the security that comes with carrying your firearm in the future.
Patriot
Concerned Non-Citizen
------------------
"Both the oligarch and the tyrant mistrust the people, and therefore deprive them of their arms."
- Aristotle, "Politics"
The wise thing to do would be to get a definition of travelling. That is a term that can be construed many different ways. A loose definition of the term in Texas used to be that you had to cross three or more counties before being considered travelling. However, that was never written and if it ain't written it ain't law. Remember, the distant you go may have a lot to do with whether you are considered travelling or not.
Hummmmmmm We travel quite a bit all along the front range. I'm always real leery when traveling through communist denver or boulder. Might have to print these Statutes out and keep them in the truck just in case.
Have never had a problem but who knows what will happen when travelling.
Now if Co would just honor Wyoming's CCW!!!!!
Have never had a problem but who knows what will happen when travelling.
Now if Co would just honor Wyoming's CCW!!!!!
Lee114,
Yeah, the case law history is interesting on the Texas travel issue. One was a railroad employee who carried "while at work" on trains. He was cleared in court when the court ruled that he was indeed "travelling" everytime he boarded a train while working.
Yeah, the case law history is interesting on the Texas travel issue. One was a railroad employee who carried "while at work" on trains. He was cleared in court when the court ruled that he was indeed "travelling" everytime he boarded a train while working.
Not so fast, there is a catch, when this law was passed it was widly reported that while a person traveling thru denver is legal, a person who lives in denver is NOT legal to start out in denver carrying a concealed weapon. The right to pass thru or travel into a jurisdiction does not extend to individuals who live in that jurisdiction to carry
Originally posted by MILE HIGH:
Not so fast, there is a catch, when this law was passed it was widly reported that while a person traveling thru denver is legal, a person who lives in denver is NOT legal to start out in denver carrying a concealed weapon. The right to pass thru or travel into a jurisdiction does not extend to individuals who live in that jurisdiction to carry
You are correct that this WAS the case but is no longer now the NEW law 18-12-105.6 has been passed making the carrying of a concealed weapon in your vehicle permissable and, the State Statute has been made "AN ISSUE OF STATE WIDE CONCERN" where this supercedes the Denver local laws COMPLETELY. Be aware this is a very recent change check out the link I included to 18-12-105.6.
Again:
18-12-105.6 - Limitation on local ordinances (that means denvers Local ordinances too) regarding firearms in private vehicles.
(a) A person carrying a weapon in a private automobile or other private means of conveyance for lawful protection of such person's or another's person or property, as PERMITTED in sections 18-12-105
(This is where the General Assembly permits the carrying under STATE LAW)
2) (a) Based on the findings specified in subsection (1) of this section, the general assembly concludes that the carrying of weapons in private automobiles or other private means of conveyance for lawful protection of a person's or another's person or property while traveling into or through a municipal, county, or city and county jurisdiction, regardless of the number of times the person stops in a jurisdiction, is a MATTER OF STATEWIDE CONCERN and IS NOT AN OFFENSE.
(This is were they tell Denver it is permitted to all Coloradans)
They go on to clarify it for you here;
(b) Notwithstanding any other provision of law, no municipality, county, or city and county shall have the authority to enact or enforce any ordinance or resolution that would restrict a person's ability to travel with a weapon in a private automobile or other private means of conveyance for lawful protection of a person's or another's person or property while traveling into or through a municipal, county, or city and county jurisdiction, regardless of the number of times the person stops in a jurisdiction.
Now I am not a legal attorney in this country but so here is my disclaimer... check with a legal/real USA attorney before you do anything, blah blah blah Just in case some one out there is an idiot and shoots some one and then blames it on ME!
Anyway I carry in Denver the law is very very very clear as I read it.
By the way a carry a copy of these two statues 18-12-105 and 18-12-105.6 with me either in the car or in my wallet. Because I have quizzed officers and they are unaware of the law changes, as they are so new.
Regards,
Patriot
Concerned Non-Citizen
------------------
"Both the oligarch and the tyrant mistrust the people, and therefore deprive them of their arms."
- Aristotle, "Politics"
while traveling into or through a municipal, county, or city and county jurisdiction, regardless of the number of times the person stops in a jurisdiction.
Yes I know this law is new it passed last year and it was a compromise with denver, read the words TRAVELING INTO OR THRU, a resident of denver cannot be in denver and claim to be traveling
Yes I know this law is new it passed last year and it was a compromise with denver, read the words TRAVELING INTO OR THRU, a resident of denver cannot be in denver and claim to be traveling
MH,Originally posted by MILE HIGH:
while traveling into or through a municipal, county, or city and county jurisdiction, regardless of the number of times the person stops in a jurisdiction.
Yes I know this law is new it passed last year and it was a compromise with denver, read the words TRAVELING INTO OR THRU, a resident of denver cannot be in denver and claim to be traveling
I disagree.
I have checked with the State Dept and Denver Police and the so called Denver Sheriff's Dept, (and an actual US attorney).
My personal findings:
You can pack in your car resident of Denver or not!
I have done the research to satisfy myself and I now actually have a CCW which makes this a moot point for me personally (but not yet for my wife hence the exhaustive research).
I suggest you investigate further (beware of the Denver pat answer to keep weapons out of the hands of law abiding members of the public, you may have to actually dig a little to find the truth I would not rely on what the media presented either).
I stake my wife's clean criminal record on this.
Patriot.
------------------
"Both the oligarch and the tyrant mistrust the people, and therefore deprive them of their arms."
- Aristotle, "Politics"
1 - 11 of 11 Posts
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