Colorado gun law?

[Dmath]

I live in Minnesota, which has fairly intelligent gun laws (relative to, say, New Jersey) and I'm headed to Colorado in a couple of days, and am trying to make sense of their gun laws. I've been looking online, and it appears that my carry permit is not good there. Okay, got that. But having a gun in a car -- it appears that you can have a loaded handgun, but no other kind of loaded gun. This just strikes me as odd. I mean, when legislators start making things unlawful, they pretty much start with loaded handguns.

So, if anybody in Colorado knows -- is this in fact the case?

 

[Larry Ashcraft]

Yes, it's true, although don't expect all LEOs to know that. Also, if you have a handgun in the car, it MUST be concealed. And make sure it's not in the glove compartment when you open it for your proof of insurance and registration, unless you tell the cop first.

 

[Dmath]

Thanks. It will be in the center console, which has a lid that snaps in place. Is that enough? .

I would never disagree with the reasoning behind the law, or what I assume is the reasoning -- allowing people reasonable self-defense -- I'm just amazed that the government seems so sensible on this one subject.

 

[Larry Ashcraft]

Your car is considered an extension of your home in this state. That's the reasoning behind the law, or lack of.

 

[Trunk Monkey]

C.R.S. 18-12-204



COLORADO REVISED STATUTES


* This document reflects changes current through all laws passed at the
Second Regular Session of the Sixty-Ninth General Assembly
of the State of Colorado (2014)
and changes approved by the electorate at the November 2014 election *


TITLE 18. CRIMINAL CODE
ARTICLE 12. OFFENSES RELATING TO FIREARMS AND WEAPONS
PART 2. PERMITS TO CARRY CONCEALED HANDGUNS


C.R.S. 18-12-204 (2014)

18-12-204. Permit contents - validity - carrying requirements



(1) (a) Each permit shall bear a color photograph of the permittee and shall display the signature of the sheriff who issues the permit. In addition, the sheriffs of this state shall ensure that all permits issued pursuant to this part 2 contain the same items of information and are the same size and the same color.

(b) A permit is valid for a period of five years after the date of issuance and may be renewed as provided in section 18-12-211. A permit issued pursuant to this part 2, including a temporary emergency permit issued pursuant to section 18-12-209, is effective in all areas of the state, except as otherwise provided in section 18-12-214.

(2) (a) A permittee, in compliance with the terms of a permit, may carry a concealed handgun as allowed by state law. The permittee shall carry the permit, together with valid photo identification, at all times during which the permittee is in actual possession of a concealed handgun and shall produce both documents upon demand by a law enforcement officer. Failure to produce a permit upon demand by a law enforcement officer raises a rebuttable presumption that the person does not have a permit. Failure to carry and produce a permit and valid photo identification upon demand as required in this subsection (2) is a class 1 petty offense. A charge of failure to carry and produce a permit and valid photo identification upon demand pursuant to this subsection (2) shall be dismissed by the court if, at or before the permittee's scheduled court appearance, the permittee exhibits to the court a valid permit and valid photo identification, both of which were issued to the permittee prior to the date on which the permittee was charged with failure to carry and produce a permit and valid photo identification upon demand.

(b) The provisions of paragraph (a) of this subsection (2) apply to temporary emergency permits issued pursuant to section 18-12-209.

(3) (a) A person who may lawfully possess a handgun may carry a handgun under the following circumstances without obtaining a permit and the handgun shall not be considered concealed:

(I) The handgun is in the possession of a person who is in a private automobile or in some other private means of conveyance and who carries the handgun for a legal use, including self-defense; or

(II) The handgun is in the possession of a person who is legally engaged in hunting activities within the state.

(b) The provisions of this subsection (3) shall not be construed to authorize the carrying of a handgun in violation of the provisions of section 18-12-105 or 18-12-105.5.

HISTORY: Source: L. 2003: Entire part added, p. 639, § 1, effective May 17.

http://www.lexisnexis.com/hottopics...fo=off&searchtype=get&search=C.R.S.+18-12-204

Added second Statute

Colorado Revised Statute
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:
(a) Carries a knife concealed on or about his or her person; or
(b) Carries a firearm concealed on or about his or her person; or
(c) Without legal authority, carries, brings, or has in such person's possession a firearm or any explosive, incendiary, or other dangerous device on the property of or within any building in which the chambers, galleries, or offices of the general assembly, or either house thereof, are located, or in which a legislative hearing or meeting is being or is to be conducted, or in which the official office of any member, officer, or employee of the general assembly is located.
(d) (Deleted by amendment, L. 93, p. 964, § 1, effective July 1, 1993.)

(2) It shall not be an offense if the defendant was:
(a) A person in his or her own dwelling or place of business or on property owned or under his or her control at the time of the act of carrying; or
(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; or
(c) A person who, at the time of carrying a concealed weapon, held a valid written permit to carry a concealed weapon issued pursuant to section 18-12-105.1, as it existed prior to its repeal, or, if the weapon involved was a handgun, 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; or
(d) A peace officer, as described in section 16-2.5-101, C.R.S., when carrying a weapon in conformance with the policy of the employing agency as provided in section 16-2.5-101 (2), C.R.S.; or
(e) (Deleted by amendment, L. 2003, p. 1624, § 46, effective August 6, 2003.)
(f) A United States probation officer or a United States pretrial services officer while on duty and serving in the state of Colorado under the authority of rules and regulations promulgated by the judicial conference of the United States

.

 

[Steel Horse Rider]

The Sheriff in my county has always told me this ^^^^^ part of the law. As long as you are in your car and not at home you may have a loaded gun in the vehicle. Denver and some other cities do not allow this so tread lightly.

 

[MachIVshooter]

it appears that you can have a loaded handgun, but no other kind of loaded gun.

Correct. CDOW is responsible for the long gun laws; no round in the chamber, technically supposed to be cased. Depending on where you're at, the "cased" aspect is really not a big deal. I ride around out here in Elbert Co with uncased rifles all the time, but it would be ill-advised in Denver.

State is open carry W/O permit, except city & county of Denver. Having said that, you have to be careful exactly what you're carrying during hunting season if you're in an area that is open to hunting; if you get caught walking around BLM land during rifle season with a .44 mag on your hip and no license, you may get into hot water with the DWM. But a 9mm or .45 ACP, since not a legal big game cartridge, is good to go. Same with rifles; DOW regs for rifle are .24 cal min, 1,000 ft/lb @ 100 yd min. Any rifle that doesn't meet that requirement is fine.

Now, with that BS our Democrats rammed through 2 years ago at the behest of bloomberg, you do need to be aware that, technically, you cannot possess a magazine holding >15 rounds if it was manufactured after 07/01/2013. Of course, very few magazines are date stamped, and 92% of our sheriffs openly stated that they were not interested in enforcing the law, but nonetheless, if you have an Pmags or similar which actually are dated, and dated post-07/01/13, there is the possibility of a misdemeanor charge if you run into a big enough prick with a badge.

Denver and some other cities do not allow this so tread lightly.

Preemption. The only law Denver can enforce is it's no open carry statute, and their AWB for residents of Denver county only. Other than that, they may hassle you, but they have learned the hard way that enforcing preempted local laws results in expensive settlements.

 

[rondog]

I live in Colorado, where does it say a handgun in a vehicle "MUST" be concealed? I carry mine in a holster on the lower dash below the steering wheel

As I've always understood it, in CO, long guns (rifles, shotguns) can be loaded, but the chamber must be empty. And I heard that restriction was driven by the DOW as a safety thing, because people pulling loaded long guns out of vehicles had a high rate of ND's.

My wife had a co-worker who'd lost a son that way. He pulled a loaded shotgun out of a vehicle by the barrel, the trigger snagged, and he lost his life.

 

[X-Rap]

I wish there was reciprocity between the two states as their criteria is very close with regards to training. Being a native of MN and a long time resident of CO I can tell you that you will be much more at home in CO with a gun than I am in MN. Carry as you wish in your car and OC except in Denver and maybe some hassle in some of the ski towns. You can stop in Rifle for lunch and have your meal served by a waitress OC'ing her gun.
Gun laws are also driven by DOW, during BG seasons you must keep your gun cased and cleared if on ORV's but just a clear chamber in trucks and cars.

 

[Trunk Monkey]

Denver and some other cities do not allow this so tread lightly.

State Preemption

29-11.7-101. Legislative declaration.

(1) The general assembly hereby finds that:

(a) Section 3 of article II of the state constitution, the article referred to as the
state bill of rights, declares that all persons have certain inalienable rights, which
include the right to defend their lives and liberties;

(b) Section 13 of article II of the state constitution protects the fundamental
right of a person to keep and bear arms and implements section 3 of
article II of the state constitution;

(c) The general assembly recognizes a duty to protect and defend the
fundamental civil rights set forth in paragraphs (a) and (b) of this subsection (1);

(d) There exists a widespread inconsistency among jurisdictions within the state
with regard to firearms regulations;

(e) This inconsistency among local government laws regulating lawful firearm
possession and ownership has extraterritorial impact on state citizens and the
general public by subjecting them to criminal and civil penalties in some
jurisdictions for conduct wholly lawful in other jurisdictions;

(f) Inconsistency among local governments of laws regulating the possession and
ownership of firearms results in persons being treated differently under the law
solely on the basis of where they reside, and a person's residence in a particular
county or city or city and county is not a rational classification when it is the basis
for denial of equal treatment under the law;

(g) This inconsistency places citizens in the position of not knowing when they
may be violating the local laws and therefore being unable to avoid violating the
law and becoming subject to criminal and other penalties.

(2) Based on the findings specified in subsection (1) of this section, the general
assembly concludes that:

(a) The regulation of firearms is a matter of statewide concern;

(b) It is necessary to provide statewide laws concerning the possession and
ownership of a firearm to ensure that law-abiding persons are not unfairly placed
in the position of unknowingly committing crimes involving firearms.

Denver can ban open carry because no law specifically allows it. They can NOT over ride state law

 

[Trunk Monkey]

You're better off actually reading the law for your self

Correct. CDOW is responsible for the long gun laws; no round in the chamber, technically supposed to be cased. Depending on where you're at, the "cased" aspect is really not a big deal. I ride around out here in Elbert Co with uncased rifles all the time, but it would be ill-advised in Denver.

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.

The word "cased" doesn't even appear in the statute

 

[Trunk Monkey]

Also, if you have a handgun in the car, it MUST be concealed.

Care to quote the relevant statute?

 

[Trunk Monkey]

Having said that, you have to be careful exactly what you're carrying during hunting season if you're in an area that is open to hunting; if you get caught walking around BLM land during rifle season with a .44 mag on your hip and no license, you may get into hot water with the DWM. But a 9mm or .45 ACP, since not a legal big game cartridge, is good to go. Same with rifles; DOW regs for rifle are .24 cal min, 1,000 ft/lb @ 100 yd min. Any rifle that doesn't meet that requirement is fine.

Care to quote the relevant regulation?

 

[Trunk Monkey]

Now, with that BS our Democrats rammed through 2 years ago at the behest of bloomberg, you do need to be aware that, technically, you cannot possess a magazine holding >15 rounds if it was manufactured after 07/01/2013.

C.R.S. 18-12-302


COLORADO REVISED STATUTES

* This document reflects changes current through all laws passed at the
Second Regular Session of the Sixty-Ninth General Assembly
of the State of Colorado (2014)
and changes approved by the electorate at the November 2014 election *

TITLE 18. CRIMINAL CODE
ARTICLE 12. OFFENSES RELATING TO FIREARMS AND WEAPONS
PART 3. LARGE-CAPACITY AMMUNITION MAGAZINES

C.R.S. 18-12-302 (2014)

18-12-302. Large-capacity magazines prohibited - penalties - exceptions



(1) (a) Except as otherwise provided in this section, on and after July 1, 2013, a person who sells, transfers, or possesses a large-capacity magazine commits a class 2 misdemeanor.

(b) Any person who violates this subsection (1) after having been convicted of a prior violation of said subsection (1) commits a class 1 misdemeanor.

(c) Any person who violates this subsection (1) commits a class 6 felony if the person possessed a large-capacity magazine during the commission of a felony or any crime of violence, as defined in section 18-1.3-406.

(2) (a) A person may possess a large-capacity magazine if he or she:

(I) Owns the large-capacity magazine on July 1, 2013; and

(II) Maintains continuous possession of the large-capacity magazine.

(b) If a person who is alleged to have violated subsection (1) of this section asserts that he or she is permitted to legally possess a large-capacity magazine pursuant to paragraph (a) of this subsection (2), the prosecution has the burden of proof to refute the assertion.

(3) The offense described in subsection (1) of this section shall not apply to:

(a) An entity, or any employee thereof engaged in his or her employment duties, that manufactures large-capacity magazines within Colorado exclusively for transfer to, or any licensed gun dealer, as defined in section 12-26.1-106 (6), C.R.S., or any employee thereof engaged in his or her official employment duties, that sells large-capacity magazines exclusively to:

(I) A branch of the armed forces of the United States;

(II) A department, agency, or political subdivision of the state of Colorado, or of any other state, or of the United States government;

(III) A firearms retailer for the purpose of firearms sales conducted outside the state;

(IV) A foreign national government that has been approved for such transfers by the United States government; or

(V) An out-of-state transferee who may legally possess a large-capacity magazine; or

(b) An employee of any of the following agencies who bears a firearm in the course of his or her official duties:

(I) A branch of the armed forces of the United States; or

(II) A department, agency, or political subdivision of the state of Colorado, or of any other state, or of the United States government; or

(c) A person who possesses the magazine for the sole purpose of transporting the magazine to an out-of-state entity on behalf of a manufacturer of large-capacity magazines within Colorado.

I think the part of the statute in Bold covers you as long as you don't transfer the magazine while in state

 

[Trunk Monkey]

This thread is a perfect example of why you don't get your legal advice from random internet lawyers you read the statutes for yourself.

 

[Steel Horse Rider]

What the law actually states and what some random city policeman tells you the law says may vary. To me it is not worth lawyering up to prove some Barney Fife is incompetent. We have had problems with that here in Loveland, which is by all measures a fairly conservative community. Discretion is the better part of valor.

 

[deadin]

What the law actually states and what some random city policeman tells you the law says may vary.

Very true!
However if you enjoy arguing the finer points of the law with Barney while standing on the side of the road, go for it...... (It will give you practice for doing it in front of a judge.):banghead:

 

[MachIVshooter]

I think the part of the statute in Bold covers you as long as you don't transfer the magazine while in state

It may. The whole statute has been a bit vague, chickenlooper himself admitted that it needed a great deal of clarification to be enforceable.

And as I mentioned, the overwhelming majority of LEOs have no interest in enforcing it. I just wanted to be sure the OP understood the potential stickiness, and that it would be best to just not have any magazines dated post-effective date with him.

But the burden of proof is on the prosecution; absent a production date on the mag, there is virtually no way to prosecute anyway, which is one of the technical reasons CLEOs pretty much said "whatever". Even those who were not opposed to the law (very few) are not interested in opening their agency up to a lawsuit for wrongfully arresting a person under the statute.

The real issue is for future generations; no one born on or after 07/01/2013 would be able to possess a >15 round mag under this law, regardless of the production date of the mag itself, since it is the owner rather than the magazine that is affected. The antis realized that grandfathering the magazines as with the 1994 federal ban wouldn't realize their goal, and so chose to alter the language in a way that precludes the next generation from lawful ownership. That is why we must get it overturned.

 

[Trunk Monkey]

Colorado law allows an officer to disarm you for the duration of a stop

18-12-214. Authority granted by permit - carrying restrictions.
(1) (a) A permit to carry a concealed handgun authorizes the permittee to carry a concealed handgun in all areas of the state, except as specifically limited in this section. A permit does not authorize the permittee to use a handgun in a manner that would violate a provision of state law. A local government does not have authority to adopt or enforce an ordinance or resolution that would conflict with any provision of this part 2.
(b) A peace officer may temporarily disarm a permittee, incident to a lawful stop of the permittee. The peace officer shall return the handgun to the permittee prior to discharging the permittee from the scene.
(2) A permit issued pursuant to this part 2 does not authorize a person to carry a concealed handgun into a place where the carrying of firearms is prohibited by federal law.
(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 or charter school 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.
(4) A permit issued pursuant to this part 2 does not authorize a person to carry a concealed handgun into a public building at which:
(a) Security personnel and electronic weapons screening devices are permanently in place at each entrance to the building;
(b) Security personnel electronically screen each person who enters the building to determine whether the person is carrying a weapon of any kind; and
(c) Security personnel require each person who is carrying a weapon of any kind to leave the weapon in possession of security personnel while the person is in the building.
(5) Nothing in this part 2 shall be construed to limit, restrict, or prohibit in any manner the existing rights of a private property owner, private tenant, private employer, or private business entity.
(6) The provisions of this section apply to temporary emergency permits issued pursuant to section 18-12-209.
Source: L. 2003: Entire part added, p. 647, 1, effective May 17. L. 2014: (3)(b) amended, (HB 14-1291), ch. 165, p. 579, 1, effective May 9.

http://www.lpdirect.net/casb/crs/18-12-214.html

 

[Trunk Monkey]

Based on what I read in the actual statute I think the OP would be OK whatever magazine he brought into Colorado provided he bought it legally wherever he’s from and he doesn’t transfer it to someone else in Colorado.

Having said that, to paraphrase Masaad Ayoob you’re better off not getting into the gray areas of the law and the OP would be better off bringing magazines that clearly comply with the law.

Assuming the OP is driving to and from Colorado, I would think he’s more likely to have a run in with the police leaving the state because of our weed laws.

Arguing the law with a cop on the side of the road is always counter productive so you’re better off doing everything you can to make sure you don’t get to that point. Colorado does not require you to inform the police that you are armed so start there cop pulls you over don’t tell him about your gun unless he asks.

If he asks if you’re armed of course answer truthfully but I would decline to answer any further questions

 

[we are not amused]

I remember when the Denver police were asking anyone they stopped for a traffic ticket if they were armed, and if they were, confiscate the weapon even if they had a valid State Concealed carry permit. Thank God that has been changed.

 

[Dmath]

I thank all of you for the replies -- very helpful they are in giving me an overall feel for the state of things in your state.

In fact, I'll have a revolver, a .357 Magnum, in the middle compartment between the seats, not visible even if the lid is open. So of course the magazine question does not arise.

As for informing the police, if not asked, I would not do that. And of course I would not lie if asked. Shortly after we got a concealed-carry law here, some guy, a Permit newbie, was stopped for a routine traffic stop, and announced he was armed. The cop didn't quite know what to do, and the guy spent a lot of time in the back seat of the cop car trying to explain things. He was eventually sent on his way, but not without a lot of hassle.

Don't borrow trouble, I always say.