Carry on land "leased" by school in Colorado

[25cschaefer]

I was at the Central Park in Trinidad, CO today and noticed a sign that stated that the park was owned by the city but leased by the school district.
Now:
In Colorado, localities (cities, counties, public facilities) may not restrict conceal carry.
In Colorado, the law says that you may not be in possession a firearm on "school property" (K-12) (save a few exceptions) but you may hunt on school trust lands.
The county, nor city, ban open carry.
So:
Can I/we carry, open or concealed, in the park?
Does Colorado define "school property" or "school grounds?"

 

[oneounceload]

It is not a school property, but a leased facility, let the other rules dictate

 

[Frank Ettin]

It is not a school property, but a leased facility, let the other rules dictate

Not necessarily. It would depend on Colorado law. I know of at least one State in which a facility leased by a school district would be school property for the purposes of a weapons prohibition.

I don't know what the law is in Colorado, but I do know that one may not glibly assume an answer and must do the necessary research.

 

[25cschaefer]

I don't know what the law is in Colorado, but I do know that one may not glibly assume an answer and must do the necessary research.

Exactly, I have been looking for the applicable laws but I have no idea where to start.

My church also leases the floor below our fellowship hall to a private school (no connection to the church) would the fellowship hall be off limits? The whole property?

 

[DAP90]

The law doesn’t talk about “school property” per se. It does specifically reference the “real property” of a school several times. What that means I can’t say for sure. I’d guess it has to be the actual school grounds and not leased land but don’t take my word for it – I’m no lawyer.

The actual law is below.

18-12-214. Authority Granted By Permit - Carrying Restrictions.

(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.

From here:
http://handgunlaw.us/

 

[Frank Ettin]

...I’d guess it has to be the actual school grounds and not leased land but don’t take my word for it – I’m no lawyer...

However, in some cases, under the laws of some States, property leased by a school and used by that school for school activities would be considered actual school grounds. The way the interest in the property is held (legal title in fee simple, leasehold, etc.) might not affect whether the property is considered actual school property.

To use another sort of example, a local branch post office may often be housed in premises in local strip mall leased from the owner of the property (just like the guy running the barbershop next door leases his space). But that's still USPS property for the purposes of the weapons prohibition under USPS regulations.

So does anyone actually know (not guessing) the answer to the OP's question.

 

[25cschaefer]

The only definition of real property I could find was on some Realtor website:

Land and appurtenances, including anything of a permanent nature such as structures, trees, minerals, and the interest, benefits, and inherent rights thereof.

But, that doesn't clear up the question; is the park (or church) the "real property" of the school(s)?

Is leasing considered ownership? When you lease a car you don't own it per se but, it is in your possession and you can do with it as you please, it is your responsibility.

 

[mljdeckard]

If I lease a piece of property, I have all rights of the landowner for the duration of that lease. I would assume that if they lease it, it's school property.