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Thread: Question about University's/school zones

  1. #1
    Regular Member LoneEchoWolf's Avatar
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    Question about University's/school zones

    I have a quick question about school zones. We have a college that one of our main roads run right through, so to get to one side of town you have to pass through the college school zone. how does that fall under the school zone laws? is that technically breaking the 1000 foot school zone laws or how does that work in a car just passing through? any thoughts on this would be helpful, i looked through the forums but couldn't find anything specifically toward this. thanks!

    ~Wolf~

  2. #2
    Regular Member Half Live's Avatar
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    IIRC the school zone law is only for K-12 schools. Plus, if you are in your car it doesn't matter where you are

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    Regular Member LoneEchoWolf's Avatar
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    Thanks a ton i was just making sure that i had my stuff straight, i thought it wouldnt matter if i was in my car but i just wanted to make sure i wasnt steping on and LEO toes or nothing. sorry for the question just wanted to make sure, thanks again!

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    Dont forget that in Colorado you can carry on and through a public university if you have a permit. It also exempts you from having to keep 1000 feet from a K-12 school zone.

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    "Deserteagle8338

    Dont forget that in Colorado you can carry on and through a public university if you have a permit. It also exempts you from having to keep 1000 feet from a K-12 school zone. "

    My understanding of this is if you have a permit and are carrying concealed. having a permit and carrying is a different story.

    Just my understanding, correct me if im wrong.

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    Quote Originally Posted by Pheone View Post
    My understanding of this is if you have a permit and are carrying concealed. having a permit and carrying is a different story.

    Just my understanding, correct me if im wrong.
    Please provide a CITE for this claim above where you seem to suggest that OC'ing with a permit in a Colorado School zone is NOT ALLOWED!
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    Regular Member Jack House's Avatar
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    He did say that was his understanding and asked to be corrected if wrong.

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    Regular Member F350's Avatar
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    I had a thread about this just a little bit ago...

    http://forum.opencarry.org/forums/sh...-LEO-encounter

    IMHO carry on carrying on any way you want to.

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    Regular Member LoneEchoWolf's Avatar
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    Hey thanks for the link very helpful! and a awesome encounter with LEO's always nice to see a good one! thanks for all the help everyone. stay safe!

    ~Wolf~

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    To Whomever it may Concern:

    United States Federal Law 18 U.S.C. 922(q) Prohibits The Possession of a Firearm to or while at, in, on, or within 1000 Linear Feet of The Building or Grounds of a Public School meant for Children ONLY.

    Colorado Code 18-12-105.5(1) Prohibits The Possession of a Firearm Actually Inside The Building of, or Actually on The Property of, any Public School or Non-Public School, REGARDLESS of whether or not The Public School or Non-Public School is meant for Children or Adults.

    Any Person who is in Possession and Receipt of a Lawfully Issued Colorado Concealed Handgun Permit Pursuant to The Provisions of Colorado Code 18-12-203 is Excused from The Provisions of: 1. The Provisions of United States Federal Law 18 U.S.C. 922(q) in its Entirety, Pursuant to The Exception Contained within that Code Section under United States Federal Law 18 U.S.C. 922(q)(2)(B)(ii), AND 2. The Provisions of Colorado Code 18-12-105.5 As They Apply to any Person who is in Possession of a Colorado Concealed Handgun Permit so as long as The School in Question is a Public or Non-Public School meant for Adults.

    HOWEVER, a Concealed Handgun Permit Issued under Colorado Law does NOT Exempt The Posssession of a Handgun, or any other Firearm for that Matter, inside The Building of, or on The Property of, a Public School or Non-Public School meant for Children.

    THEREFORE, The Net Effect of Those Two Statutes, when taken together as a Whole, is that Colorado Concealed Handgun Permit Holders are: Immune from Arrest, Immune from Prosecution, and Immune from Conviction; for Carrying or Possessing a Handgun at Schools, whether Public or not, meant for Adults, but NOT any other School within Colorado.

    IT IS IMPORTANT TO NOTE THAT..., Colorado Law Allows Local Governments, which Include Colleges and Universities, to Ban Open Carry within Their Buildings under Colorado Code 29-11.7-104, BUT..., that Regulation CANNOT Statutorily Apply to or Effect Concealed Carry by a Person who has a Colorado Concealed Carry Permit who Carries a Concealed Hadngun within that Building.

    Confused yet...?

    aadvark
    Last edited by aadvark; 04-09-2012 at 03:45 PM.

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    Quote Originally Posted by aadvark View Post
    To Whomever it may Concern:

    Confused yet...?

    aadvark
    What's confusing is the law you're quoting. I just looked up the specific CRS and it looks nothing like what you've posted (all this stuff about adults and children, etc) as the one I direct copy/pasted below. Where did you get your information from?



    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.




    (2) (Deleted by amendment, L. 2000, p. 709, 45, effective July 1, 2000.)




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




    (a) The weapon is unloaded and remains inside a motor vehicle while upon the real estate of any public or private college, university, or seminary; or




    (b) The person is in that person's own dwelling or place of business or on property owned or under that person's control at the time of the act of carrying; or




    (c) The person is in a private automobile or other private means of conveyance and is carrying a weapon for lawful protection of that person's or another's person or property while traveling; or




    (d) The person, 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 said section existed prior to its repeal; 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); or




    (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); or




    (e) The person is 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




    (f) and (g) (Deleted by amendment, L. 2003, p. 1626, 51, effective August 6, 2003.)




    (h) The person has possession of the weapon for use in an educational program approved by a school which program includes, but shall not be limited to, any course designed for the repair or maintenance of weapons.





    Source: L. 93: Entire section added, p. 965, 2, effective July 1. L. 94: (1) and (2) amended, p. 1721, 19, effective July 1. L. 2000: Entire section amended, p. 709, 45, effective July 1. L. 2003: (3)(d) amended and (3)(d.5) added, p. 649, 4, effective May 17; (3)(e), (3)(f), and (3)(g) amended, p. 1626, 51, effective August 6.




    ANNOTATION




    Unless the prosecution can also establish that the person used or intended to use the knife as a weapon, a person cannot be prosecuted under subsection (1) for carrying a knife with a blade less than three and one-half inches in length on school grounds. Even though subsection (1) references the deadly weapons statute, that statute does not specifically define "knife". The term "knife" is, however, specifically limited to a weapon with a blade longer than three and one-half inches in length by 18-12-101 (1), as applicable to this article. Thus, reading and harmonizing these provisions together, the plain language of both provisions establishes that, for purposes of this section, where the deadly weapon is a knife, it must qualify as a knife under 18-12-101 (1)(f). People ex rel. J.W.T., 93 P.3d 580 (Colo. App. 2004).

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    Quote Originally Posted by aadvark View Post
    To Whomever it may Concern:

    United States Federal Law 18 U.S.C. 922(q) Prohibits The Possession of a Firearm to or while at, in, on, or within 1000 Linear Feet of The Building or Grounds of a Public School meant for Children ONLY.

    Colorado Code 18-12-105.5(1) Prohibits The Possession of a Firearm Actually Inside The Building of, or Actually on The Property of, any Public School or Non-Public School, REGARDLESS of whether or not The Public School or Non-Public School is meant for Children or Adults.

    Any Person who is in Possession and Receipt of a Lawfully Issued Colorado Concealed Handgun Permit Pursuant to The Provisions of Colorado Code 18-12-203 is Excused from The Provisions of: 1. The Provisions of United States Federal Law 18 U.S.C. 922(q) in its Entirety, Pursuant to The Exception Contained within that Code Section under United States Federal Law 18 U.S.C. 922(q)(2)(B)(ii), AND 2. The Provisions of Colorado Code 18-12-105.5 As They Apply to any Person who is in Possession of a Colorado Concealed Handgun Permit so as long as The School in Question is a Public or Non-Public School meant for Adults.

    HOWEVER, a Concealed Handgun Permit Issued under Colorado Law does NOT Exempt The Posssession of a Handgun, or any other Firearm for that Matter, inside The Building of, or on The Property of, a Public School or Non-Public School meant for Children.

    THEREFORE, The Net Effect of Those Two Statutes, when taken together as a Whole, is that Colorado Concealed Handgun Permit Holders are: Immune from Arrest, Immune from Prosecution, and Immune from Conviction; for Carrying or Possessing a Handgun at Schools, whether Public or not, meant for Adults, but NOT any other School within Colorado.

    IT IS IMPORTANT TO NOTE THAT..., Colorado Law Allows Local Governments, which Include Colleges and Universities, to Ban Open Carry within Their Buildings under Colorado Code 29-11.7-104, BUT..., that Regulation CANNOT Statutorily Apply to or Effect Concealed Carry by a Person who has a Colorado Concealed Carry Permit who Carries a Concealed Hadngun within that Building.

    Confused yet...?

    aadvark

    Ill sum it up in a more easy way to understand.

    Do not carry your gun into or on the grounds of a K-12 school. If you have a permit, you can carry concealed on and in any university campus, but cannot carry openly if they have legally banned open carry with signs.

  13. #13
    Campaign Veteran since9's Avatar
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    Quote Originally Posted by Half Live View Post
    IIRC the school zone law is only for K-12 schools. Plus, if you are in your car it doesn't matter where you are
    It only applies to public K-12 schools. It doesn't apply to private schools or home schools. Here in Colorado, since charter schools are under the auspices of the public school system, which both funds them and requires them to adhere to Colorado State Board of Education minimum standards, it also applies to charter schools.
    Our rights are not subject to "interpretation" by well-meaning but Constitutionally illiterate politicians. They are absolute and unwavering, as are We the People. Some rights are specifically mentioned; many are not. ALL are protected by our Constitution, especially the Ninth and Tenth Amendments

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  14. #14
    Regular Member Beau's Avatar
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    (a) The weapon is unloaded and remains inside a motor vehicle while upon the real estate of any public or private college, university, or seminary; or

    (c) The person is in a private automobile or other private means of conveyance and is carrying a weapon for lawful protection of that person's or another's person or property while traveling; or
    This is confusing. So if a person does not hold a CHP do they have to unload when on school grounds or not?
    Colorado Gun Owners - COGO
    http://www.cogunowners.com

    A discussion forum for Colorado Gun Owners.

    Colorado Firearm law.
    http://xisnexis.com/hottopics/Colorado/
    Lexis Nexis: Colorado law pertaining to firearms.
    Title 18, Article 12

  15. #15
    Regular Member JamesB's Avatar
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    Quote Originally Posted by Beau View Post
    This is confusing. So if a person does not hold a CHP do they have to unload when on school grounds or not?
    If you are in the car with the gun, no.
    If you leave the vehicle and the firearm stays behind without you, yes. You must unload.

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