no concealed carry at Colorado school of trades

Just because any given state ALLOWS it doesn't mean the COLLEGE will allow it.

Is it a state funded college or a private college? Maybe that makes a difference.

According to handgunlaw.us:

571.107 - Permit Does Not Authorize Concealed Firearms, Where:

Any higher education institution or elementary or secondary school facility without the consent of the governing body of the higher education institution or a school official or the district school board. Possession of a firearm in a vehicle on the premises of any higher education institution or elementary or secondary school facility shall not be a criminal offense so long as the firearm is not removed from the vehicle or brandished while the vehicle is on the premises;

So, it would appear that the law for the state ALLOWS it, but at the discretion of the institution.

http://www.handgunlaw.us/states/missouri.pdf

Whoops! Sorry about that!

I was looking at Missouri for something else and crossed my wires.

Thanks!

Just cause somebody has a carry permit doesn`t mean they have ....carte blanche.

Just cause somebody has a carry permit doesn`t mean they have ....carte blanche.

Click to expand...

No, but it is crucial to understand what the state law actually says. It may be perfectly legal to carry there.

It is also highly important to understand what the school's policy says. It may be perfectly legal to carry there, but they'll kick you out of enrollment if they find out.

It is also very important to understand what the state law might say ABOUT THAT. It may be perfectly legal to carry there, but they'll kick you out of enrollment if they find out. AND if the state law actually backs you up, you may be able to call their bluff and have any threat of expulsion dropped, or you may be able to successfully take the school to court over that expulsion and win.

http://smartgunlaws.org/guns-in-schools-in-colorado/

", the Supreme Court of Colorado held that the Board of Regents lacks the authority to regulate concealed handgun possession on University of Colorado campuses.6 Consequently, it is lawful for concealed handgun permit holders to carry concealed handguns on these campuses."


Furthermore: http://www.lpdirect.net/casb/crs/18-12-105_5.html

18-12-105.5. Unlawfully carrying a weapon - unlawful possession of weapons - school, college, or university grounds

(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

So, having read that, I can't see where what they are doing is legal.

Click to expand...

Unless you can show where the Colorado School of Trades is part of the University of Colorado system or is a state school of Colorado, then your argument does not fly.

As best as I can determine, the Colorado School of Trades is a private institution. As such, they can regulate activity on their grounds as they are not state property, as would be the U of C system.

Read the entire Colorado Code
18-12-214. Authority granted by permit - carrying restrictions.

Sounds like it's within their right as a School or Private business to limit carrying

Despite all of the bad press Colorado has received on the gun rights subject in the last couple of years, we still have really strong CCW laws (stronger than Texas, believe it or not). In this state a sign prohibiting the carriage of firearms has no real force of law, save for places where permanent weapon screening is in place, or other places that are prohibited everywhere (federal buildings, post offices, etc). When a business or property owner places a sign prohibiting concealed carry the best they can really do is ask you to leave if you are found to be carrying on their property. Naturally, if you refuse to leave you can be charged with trespass.

Schools are always a tricky topic, and as others have already mentioned, this issue was disputed in court a couple of years ago. But, I'm almost certain that the courts ruled in favor of CCW rights in this instance, at least as far as secondary schooling is concerned (colleges, trade schools, etc).

So, you are probably not going to get in legal hot water if you carry at a trade school, but you may very well find yourself kicked out of enrollment if you are caught carrying.

Thank you, Frank and ford8nr

You very well nay be correct, however from what I have read i see no exemption for a school based on whom it is owned by. On the contrary the statute i posted above simply states "school, college, or university grounds". No where can I find any exception to this, just simply an institution of secondary or higher learning permits concealed carry, and should they prohibit it there has to be some sort of physical security in place (guard, metal detectors etc).

Click to expand...

Right, so the code you cited just said it was legal to carry on/in those places, only, but the SC decision ONLY applied to U of C's campuses.

Think of it this way. The law says that it is legal for you to carry concealed into private businesses, but that does not give you the right to carry concealed in those businesses if they do not allow it. The same applies here.

The Safety standard and CCW carry

Training courses offered by NRA Certified Instructors have an unwavering policy that no ammunition is permitted during firearms training, and no firearms are permitted during ammunition training (shotshell or metallic reloading). Instruction with both occurs only at an appropriate range.
The school may well allow concealed carry, but prohibit it in firearms training settings. They are likely affiliated with the NRA in offering this program.
The NRA safety standard has clearly shown that separating firearms and ammunition in a firearms learning environment assures no unintentional discharge.
The source of the policy may have no other intention. I would hope so.

Is this statement true?
In some instances on private property its not trespass until you are asked to leave. until then you are breaking private property rules or businesses policy, but not breaking any laws until asked to leave.

Questions are GREAT and I hope others have an opportunity to learn from them. But the number and types of questions pertaining to CCW tells me we're failing in the training, or people need to seek out GOOD CCW TRAINING. Even as a gun owner/instructor it kind of scares me.

lobo9er said:

Is this statement true?
In some instances on private property its not trespass until you are asked to leave. until then you are breaking private property rules or businesses policy, but not breaking any laws until asked to leave.

Click to expand...

If I'm reading you right, you're about correct… assuming you are talking about Colorado still, as many states are different.

In Colorado:

1) A business can prohibit concealed carry only in the sense that they may ask you to leave if they discover that you are carrying concealed in violation of their policy. The fact that you carried concealed into their business is not in itself a law violation, presuming you are legally able to carry concealed in the first place (ex: permitted). This is different from many other states, so this is an important point to read again.

2) Any business can ask you to leave their establishment. If you refuse to leave the establishment when asked you are trespassing, in violation of the law.

3) If an establishment wishes to legally exclude all concealed carry weapons, they must have permanent weapon screening stations set up at all entrances to the building, and check all persons as they are entering the building.

I attended CST in 2007. That is correct. CST is a private institution and have the right to make their own rules. Instructors are allowed to carry. I did not feel unsafe while attending.

I disregard "no weapons" signs all the time here since, as mentioned, the worst they can do is tell me to leave. But I don't really care if I "get made" and can't finish dinner with family because they chose a gun-unfriendly venue. Just not much at stake there. Your friend? he'd best adhere to their policy if he wishes to attend. They most certainly could boot him for a violation, just as employers with no weapons policies can terminate employees.