Colorado Conceal Carry Question...Help wanted from Colorado citizens

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speaksoftly

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Here's an email I received a few minutes ago. Anyone know the laws in Colorado that would apply here? Thanks

Marcos,

I have a friend, young cyclist working out away from his home state, in a tough spot, I was wondering if you could offer any advice?

He is working in Colorado, he has a hand gun carry permit. He was riding (in a car) with someone else, both of them had been drinking. The driver got a DUI. My freind did not know that he could not carry if he had been drinking. So he was arrested for carrying the weapon when he had been drinking.

Any advice would be appreciated.


Thanks,
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AFAIK, you can consume while armed in Colorado, but of course the line of intoxication is where you violate the law. If he was impaired in the view of the arresting officer(s), I suppose he's out of luck. The best thing he can do is get a lawyer and keep his record from getting a felony conviction attached to it.
(d) The person has in his or her possession a firearm while the person is under the influence of intoxicating liquor or of a controlled substance, as defined in section 12-22-303 (7), 18-12-105.1, as it existed prior to its repeal, or possession of a permit or a temporary emergency permit issued pursuant to part 2 of this article is no defense to a violation of this subsection (1).
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I don't know what state he was permited in but I would doubt it was less stringent than CO. so he must have know about carrying while impared or drunk. If they were drinking to the point that the driver was DUI then was he equally intoxicated?
He might be SOL as well as a very poor example and ammo for the anti's, let us know how it turns out and if the lawyer is able to help him out.
A good point for us all to remember, pull the mag and lock in the trunk if you are out to party.
 
Agree 100% that he shouldn't have been out with his gun if he was planning on drinking. Texas laws allow one to carry as long as he's in the legal limit but I still leave the gun in the car if I plan on taking in more than one beer, glass of wine, or anything else alcoholic.
 
X-Rap said:
I don't know what state he was permited in but I would doubt it was less stringent than CO.
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Washington is. There is no law against carrying while under the influence or intoxicated in Washington.
 
We carry guns because we might need to use them. Any time you have to use your concealed weapon, you're in a life-threatening situation. Common sense should tell us that deliberately impairing our ability to use that gun is a no-no, regardless of the law.
 
Let's call this answered by posts 2 and 3.

Closed, lest this turn into another "drinking and guns don't mix" argument.
 
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