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Vehicle carry.
#1
What is your understanding of the law regarding vehicle carry in Colorado? There is a pretty good discussion going on our FB Group Page.
Where can you carry? Check the editable COGO Carry Map
When in doubt. JFC.

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#2
(11-25-2013, 03:50 PM)Beau Wrote: What is your understanding of the law regarding vehicle carry in Colorado? There is a pretty good discussion going on our FB Group Page.

Colorado law allows a person to carry a firearm in a vehicle, loaded or unloaded, if its use is for lawful protection of such a person or another's person or property:

[C.R.S. 18-12-105 {2}].
It shall not be an offense (of unlawfully carrying a concealed weapon) if the defendant was:
(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;

However, you cannot (without a CCW permit) carry the weapon concealed on or about your person while transporting it from your vehicle into your home, business, hotel room, etc.

Additionally, local jurisdictions may not enact laws that restrict a person's ability to travel with a weapon in a private automobile.

[C.R.S. 18-12-105.6 {2b}].
Notwithstanding any other provision of law, no municipality, county, or city and county shall have the authority to enact or enforce any ordinance or resolution that would restrict a person's ability to travel with a weapon in a private automobile or other private means of conveyance for hunting or for lawful protection of a person's or another's person or property while traveling into, through, or within, a municipal, county, or city and county jurisdiction, regardless of the number of times the person stops in a jurisdiction.
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#3
(11-25-2013, 07:09 PM)DenverGP Wrote: Colorado law allows a person to carry a firearm in a vehicle, loaded or unloaded, if its use is for lawful protection of such a person or another's person or property:

[C.R.S. 18-12-105 {2}].
It shall not be an offense (of unlawfully carrying a concealed weapon) if the defendant was:
(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;

However, you cannot (without a CCW permit) carry the weapon concealed on or about your person while transporting it from your vehicle into your home, business, hotel room, etc.

Additionally, local jurisdictions may not enact laws that restrict a person's ability to travel with a weapon in a private automobile.

[C.R.S. 18-12-105.6 {2b}].
Notwithstanding any other provision of law, no municipality, county, or city and county shall have the authority to enact or enforce any ordinance or resolution that would restrict a person's ability to travel with a weapon in a private automobile or other private means of conveyance for hunting or for lawful protection of a person's or another's person or property while traveling into, through, or within, a municipal, county, or city and county jurisdiction, regardless of the number of times the person stops in a jurisdiction.

Open or concealed?
Where can you carry? Check the editable COGO Carry Map
When in doubt. JFC.

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#4
Either.

The law specifically states that you are not guilty of "Unlawfully carrying a concealed weapon" 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"

And 18-12-204:
"(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

Basically, the simple version I've heard is that inside your car = inside your home, where open or CC is legal without any permit.

Since 18-12-204 says that carrying a gun in a vehicle shall not be considered concealed, and 18-12-105.6 {2b} says that no local goverment has the authority to restrict a persons ability to travel with a weapon in a private vehicle, I looks to me at least that denver's open carry ban doesn't relate to a gun openly carried in a car, or even while riding a motorcycle.

Open carry in denver on a motorcycle could get dicey. If you stopped at a gas station, as soon as you stepped off the bike with the gun in an open holster, it would seem you are now illegally open-carrying.
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#5
Quote:The open carry in denver on a motorcycle thing would get dicey. If you stopped at a gas station, as soon as you stepped off the bike with the gun in an open holster, it would seem you are now illegally open-carrying.


Or that Denver is illegally banning open carry. But your point is taken.
Known as SteveInCO on national fora (changed it here because "in Colorado" is the default).

CZ-75, Glock 20, Mossberg 590, S&W M&P AR-15, PTR-91, DSA FAL, Springfield M1A... and lots of other goodies.
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#6
The way I understand it is that you can carry open or concealed in your vehicle anywhere in Colorado not prohibited (federal property, etc.) Denver's open carry law does not apply to vehicles. Of course, that's not going to stop Denver Cops from doing whatever they want.
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#7
(11-30-2013, 01:51 PM)Michael Wrote: The way I understand it is that you can carry open or concealed in your vehicle anywhere in Colorado not prohibited (federal property, etc.) Denver's open carry law does not apply to vehicles. Of course, that's not going to stop Denver Cops from doing whatever they want.

This is my understanding as well. As far as Denver LE doing whatever they want I don't think that's true for the majority of them. Granted there are a few that will purposefully go against the law but that's what lawsuits are for.
Where can you carry? Check the editable COGO Carry Map
When in doubt. JFC.

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#8
(12-01-2013, 10:02 PM)Beau Wrote: This is my understanding as well. As far as Denver LE doing whatever they want I don't think that's true for the majority of them. Granted there are a few that will purposefully go against the law but that's what lawsuits are for.

I have known several cops in the cities around Denver who have stated that the DPD does pretty much whatever they want. I knew a Denver cop who left the force because of the corruption. And I read a story on OCDO about a guy who got stopped in Denver and had his pistol seized even though he wasn't violating any laws. Had a hell of a time trying to get it back.
Free Conceal Classes in Colorado
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http://www.concealedcarryforfree.com
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#9
so a little more clarification. its legal for me to have a loaded AR 15 sitting on my passenger or back seat while driving? im in Grand Junction so fairly rural. just want to make sure
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#10
I don't believe long guns can be loaded in a vehicle.

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.
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#11
(03-26-2014, 04:23 PM)DenverGP Wrote: I don't believe long guns can be loaded in a vehicle.

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.

This. ^^^^ The firearm(long gun) can be loaded but the chamber must be kept empty.
Where can you carry? Check the editable COGO Carry Map
When in doubt. JFC.

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#12
(03-26-2014, 04:08 PM)blackhawk Wrote: so a little more clarification. its legal for me to have a loaded AR 15 sitting on my passenger or back seat while driving? im in Grand Junction so fairly rural. just want to make sure

What GP said. Also, the firearms laws are consistent across the state, with the exception of Open carry. What is legal in Grand Junction is legal in Denver. What the cops will do? Well, the law has nothing to do with that really.

I realize you may have just meant that it's no big deal to keep an AR in the front seat in a rural area, I'm just clarifying something that not many people seem to know.
Free Conceal Classes in Colorado
NRA Certified Instructors
http://www.concealedcarryforfree.com
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#13
(11-25-2013, 08:46 PM)Beau Wrote: Open or concealed?

Not sure about the concealed part in vehicle without a CHP.

http://web.lexisnexis.com/research/retrieve?_m=f1dda20010306742f223cc75264a7972&csvc=fo&cform=tocslim&_fmtstr=FULL&docnum=1&_startdoc=1&wchp=dGLbVzk-zSkAb&_md5=6330e57b2cce3ddd516271170b1d4824

The words "about the person" means sufficiently close to the person to be readily accessible for immediate use. People in Interest of R.J.A., 38 Colo. App. 346, 556 P.2d 491 (1976).

"Concealed" means placed out of sight so as not to be discernible or apparent by ordinary observation. People ex rel. O.R., 220 P.3d 949 (Colo. App. 2008).

The scope of subsection (2)(b) is clarified in § 18-12-105.6, which indicates the general assembly's intent that local ordinances on carrying weapons in private vehicles be preempted only insofar as they conflict with the provisions of § 18-12-105.6. Trinen v. City & County of Denver, 53 P.3d 754 (Colo. App. 2002).

The local ordinance concerning carrying a weapon in a private vehicle is not preempted since it can be harmonized with subsection (2)(b). Trinen v. City & County of Denver, 53 P.3d 754 (Colo. App. 2002).

Pistol tucked under edge of car seat. Where uncontested evidence established that pistol was tucked under the edge of a car seat on which petitioner was sitting, where it was within his easy reach, these circumstances constitute carrying a "firearm concealed on or about his person". People in Interest of R.J.A., 38 Colo. App. 346, 556 P.2d 491 (1976).
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