Legality - visitor carrying at a college (Colorado)

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PTK

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I have a friend currently attending the University of Colorado in Boulder, here in Colorado (obviously) and she'd very much like me to attend a class with her one day, to see her marketing/advertising skills in play.

Where would I go about finding the legality of carrying my guns/knives/baton and other such items? I want to carry what I can as long as it's legal, but I don't know exactly where to ask.

I seem to recall that a college, being NOT a "public school", doesn't fall under the Federal ban on carrying firearms, but I can't remember more than that.

http://www.colorado.edu/police/help/weapons.html

The Laws of the Regents and Colorado Revised Statute Title 18-12-105.5 make it unlawful to carry a concealed weapon and unlawful to possess a weapon while on the grounds of the University of Colorado.

This is convoluted and hard to understand: from my reading so far, it contradicts itself. One part says it's legal for me to carry with a CCW, one part says it's illegal.


EDIT: Ok, here goes... I've linked laws to where they're referred in the text.


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

(1) A person commits a class 6 felony if such person knowingly and unlawfully and without legal authority carries, brings, or has in such person's possession a deadly weapon as defined in section 18-1-901 (3) (e) in or on the real estate and all improvements erected thereon of any public or private elementary, middle, junior high, high, or vocational school or any public or private college, university, or seminary, except for the purpose of presenting an authorized public demonstration or exhibition pursuant to instruction in conjunction with an organized school or class, for the purpose of carrying out the necessary duties and functions of an employee of an educational institution that require the use of a deadly weapon, or for the purpose of participation in an authorized extracurricular activity or on an athletic team.

Easy enough so far.

18-12-108. Possession of weapons by previous offenders.

...

(3) It shall not be an offense under this section if:

...

(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)

Tricky! 18-12-214 (3) states...

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.

...

(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;

That only refers to public schools - which CU isn't.


So, I can't understand this. It SEEMS like it's legal since I have a CCW, but I cannot rightly tell.
 
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http://en.wikipedia.org/wiki/Colorado_University

Colorado University DOES meet the requirements of being a public college. Not sure why you felt otherwise, but it most certainly IS NOT a private university, meaning that it is a state-run school, and considered "public" under the law. All firearms laws relating to public colleges and universities are in full effect at CU Boulder.
 
Don't know HOW I missed that!

However... it's not a "public elementary, middle, junior high, or high school". I suppose this just falls under the first quoted law (18-12-105.5) being that it's just not legal, end of story.

Problem is, that law SPECIFICALLY states:

"It shall not be an offense under this section if...[t]he weapon involved was a handgun and the person held a valid permit to carry a concealed handgun "

Any further input?

Thanks! :)
 
No further input from me, but I've yet to hear of a public university allowing concealed carry aside from Utah. Some states, including SD, have tried to get it passed since the Viginia Tech shootings, but to the best of my knowledge, no public university outside of Utah allows concealed carry by students, faculty, or visitors. I may be wrong on this, but to the best of my knowledge, any concealed carry would be illegal on the grounds of CU
 
That's what's so confusing - the law very clearly has exceptions for permit holders carrying a handgun.
 
You can carry in PA on campus but you had better not be a student. They cannot charge a Pa resident for carrying but they can expel a student. In the posters context, He may be causing his friend some substancial grief if caught. The chance of being in a campus shoot out are
extremly small. We need to be vigilant but I would would not be paranoid ALL the time. I know , I know .......
dont lecture me please.
 
From the Board of Regents

14-I. WEAPONS CONTROL

WHEREAS the possession of firearms, explosives, and other dangerous or illegal weapons on or within any University of Colorado campus, leased building, areas under the jurisdiction of the local campus police department or areas where such possession interferes with the learning and working environment is inconsistent with the academic mission of the University and, in fact, seriously undermines it;

WHEREAS it threatens the tranquility of the educational environment in an intimidating way and it contributes in an offensive manner to an unacceptable climate of violence;

WHEREAS the university educational mission should attempt to teach and model those values which are held to be important to the nation as a whole;

WHEREAS the Board of Regents passed a resolution dated May 26, 1970, prohibiting the unauthorized possession and storage of firearms, explosives, or other dangerous or illegal weapons on the campus of the University;

WHEREAS the May 26, 1970, resolution is hereby rescinded and repromulgated as follows:

NOW THEREFORE BE IT RESOLVED that the possession of the firearms, explosives, or other dangerous or illegal weapons on or within any University of Colorado campus, leased building, other area under the jurisdiction of the local campus police department or areas where such possession interferes with the learning and working environment is prohibited.

A "dangerous or illegal weapon" may be an instrument of offensive or defensive combat; anything used, or designed to be used, in destroying, defeating, or injuring a person; an instrumentality designed or likely to produce bodily harm; or an instrument by the use of which a fatal wound may probably or possible be given. A "dangerous or illegal weapon' may include, but not be limited to, the following: any firearm, slingshot, cross-knuckles, knuckles of lead, brass or other metal, any bowie knife, dirk, dagger or similar knife, or any knife having the appearance of a pocket knife, the blade of which can be opened by a flick of a button, pressure on the handle or other mechanical contrivance. A harmless instrumentality designed to look like a firearm, explosive, or dangerous weapon which is used by or is in the possession of a person with the intent to cause fear in or assault to another person is expressly included within the meaning of a firearm, explosive, or dangerous weapon.

Possession of firearms, explosives, or other dangerous weapons is permitted for peace officers or for others who have written permission from the Chief of Police for those campuses which have such an officer or from the Chancellor after consultation with the Chief of Police. Firearm storage may be provided by campus police as a service to students or employees residing in campus housing.

FURTHER RESOLVED that the individual found guilty via a due process procedure of the unauthorized possession of firearms, explosives, or other dangerous or illegal weapons, and who is found to have intentionally or recklessly used or possessed such weapons in a way that would intimidate, harass, injure or otherwise interfere with the learning and working environment of the University, shall be banned from the University campus, leased building, or other area under the control of University campus police. In the case of the University of Colorado at Denver, officials shall make every effort to work with the Auraria Higher Education Commission officials to obtain such ban. This section is not intended to limit the discretion of the University to institute summary suspension proceedings.

In the case of a student who is found guilty via a due process procedure to have intentionally or recklessly used or possessed such weapon(s) in a way that would intimidate, harass, injure or otherwise interfere with the learning and working environment of the University, the minimum disciplinary sanction shall be expulsion.

In the case of an employee who is found guilty via a due process procedure to have intentionally or recklessly used or possessed such weapons(s) in a way that would intimidate, harass, injure or otherwise interfere with the learning and working environment of the University, the minimum disciplinary sanction shall be termination of employment, subject to such other employment rules as may be from time to time in place.

FURTHER RESOLVED that this resolution is intended to clearly state expected standards of personal conduct for employees, students, and visitors;

FURTHER RESOLVED that to the extent that institutional policies need to be amended to reflect the intent of this resolution, the administration is directed to proceed to make such changes.
 
mmm, let's see, you have a phobia about campus shootings yet you want to venture out on a campus anyway. Hmmm, geez, yeah that makes a lot of sense.

You're welcome to have your own opinions, but I must say that it is pretty strange to see that kind of attitude at THR. Do you think that carrying a gun means that one has a phobia of whatever one happens to be doing while carrying? By that reasoning, most of the people here have a phobia of going to the grocery store, walking in the park, pumping gas, walking the dog, eating in restaurants, etc, etc.

I thought we generally believed in being prepared for the worst.
 
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PLEASE keep opinions out of this thread - I really do just need to figure out the legality. There's no explanation about the exceptions.
 
This is a legal forum,. not a political philosophy forum.

I read the cites of the OP as meaning leave the gun in the car, locked away as said:

"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."

"On the real property" means--IMO--a parking lot, which is were cars stay. Cars don't go to classrooms.
 
So, by your reading as well it seems to be legal to have it ON THE PROPERTY, in the truck? I think that's what the exception for CCW permitees means.
 
Here's my understanding of CO state law. I'm not a lawyer, etc.

18-12-105.5 makes it illegal to carry ("in or on the real estate and all improvements erected thereon of any public or private elementary, middle, junior high, high, or vocational school or any public or private college, university, or seminary"), unless you have a permit 18-12-108 which makes it OK, except THAT does not apply on k-12 grounds 18-12-214 (where you have to leave in vehicle).

Basically, 18-12-214 is what makes it illegal to CCW in CO in K-12. 18-12-105.5 is what has the university restriction and it does not apply if you have the permit 18-12-108
 
...so... it's legal in the truck for sure and may well be legal to carry WITH PERMIT as long as it's a handgun? Whoa.
 
Back before we had shall-issue (it was may-issued and) you could carry in K-12 with a valid permit. One of the changes that happened when shall-issue was adopted was making it illegal to CCW in K-12 (other than the vehicle exemption). I don't see why one would assume that carrying on university grounds is illegal as far as state law is concerned, from the quoted law or otherwise. The CO CWP applies to handguns only.
 
It's not legal to carry on campus, even with a permit.

http://www.nraila.org/News/Read/InTheNews.aspx?ID=11916

http://keepandbeararms.com/news/nl/post_comments.asp?nl=80197217100945&tmpD=12/12/2008

"Representatives from Students for Concealed Carry on Campus said they will file a lawsuit Thursday asking the court to strike down the University of Colorado's concealed carry ban."

"The Colorado Springs chapter of the [SCCC] has argued before, to the school's regents, that gun-free zones on college campuses translate into a ban on self-defense. Members want the university to loosen gun-control rules and allow those with handgun permits to pack heat on campus." ...

"The state Legislature passed a law in 2003 allowing concealed weapons to be carried by permit in most parts of the state, including college campuses, but then-State Attorney Gen. Ken Salazar issued a formal opinion that the CU regents’ order trumped the state law."
 
Here's the article from the NRA ILA
he state Legislature passed a law in 2003 allowing concealed weapons to be carried by permit in most parts of the state, including college campuses, but then-State Attorney Gen. Ken Salazar issued a formal opinion that the CU regents’ order trumped the state law.
The issue here is that even though the shall-issue law is state-wide and has preemption the CU-B thinks their "local" law trumps state law. The A.G. is not the COSC, so he does not declare law.

http://www.kktv.com/home/headlines/35979779.html
The group says a state law governing concealed weapons has no provision that allows the university to ban guns. It also says the ban is so broad that it violates the state constitution.

"It's a simple question we're asking the court. Does the law apply on CU campuses or not? If it doesn't. we think the policy is unconstitutional," said William Pendley, President and Chief Legal Officer with Mountain States Legal Foundation.

CU System spokeswoman Deborah Mendez-Wilson says CU has the authority to ban concealed weapons. She says the attorney general reviewed and upheld the policy in 2003.

As it stands now, the CO state law is clear that it is not prohibited. A locality claims their preempt state law. There has been no COSC case to resolve this yet.

Due to some jurisdictions predating the preemption clauses of the CO constitution, prior cases have been won and lost by "both sides." Denver "lost" trying to prohibit concealed carry after shall-issue passed, but it "won" some restrictions on "high capacity" magazines (that's what the "Denver AWB" morphed into).
 
So... I can carry, but if caught I should well expect to be the test case?

I'm willing to do that. :D
 
Here's my take on it, but this should not be considered "legal advice." It is, however, the advice I gave myself when I was a law student at CU Boulder, and I still think I am correct.

There is no CO crime that anyone can legitimately charge one with for merely CCW on a university, so long as you have a permit. If someone thinks this is incorrect, please point out what statute says otherwise. You may know better than I do, since I was only a prosecutor in Colorado for four years.

Currently, a CU student could be expelled, but this is why there is the current lawsuit, and where a test case might come in to play,if a student sued the university for wrongful expulsion, on the grounds that the board of regents policy is preempted by state preemption law, then-AG Salazar's opinion notwithstanding. I was prepared to be the test case the entire time I was a law student there, but no one ever attacked me or anyone I cared about in my presence, and I kept my mouth shut, so I never got caught CCWing.

If you are not a CU student, I guess you could be asked to leave, and if you returned, I guess it could be trespassing, and then you could also sue and have a test case. But I cannot think of any test case in a real court of law where the CCWer would be the defendant. Maybe in some student body kangaroo court, but not in a real court.
 
I have to go along with the OK at CU with a permit. I wish I could find the article but I know that it was a point of frustration with some in the PRB.
A good spot for a little 380 and don't try any metal detectors.
 
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