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Thread: without legal authority

  1. #1
    Regular Member Kingfish's Avatar
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    without legal authority

    18-9-118. Firearms, explosives, or incendiary devices in facilities of public transportation.
    A person commits a class 6 felony if, without legal authority, he has any loaded firearm or explosive or incendiary device, as defined in section 9-7-103, C.R.S., in his possession in, or carries, brings, or causes to be carried or brought any of such items into, any facility of public transportation, as defined in section 18-9-115 (4)
    18-9-115
    (3) "Public conveyance" includes a train, airplane, bus, truck, car, boat, tramway, gondola, lift, elevator, escalator, or other device intended, designed, adapted, and used for the public carriage of persons or property.
    (4) "Facility of public transportation" includes a public conveyance and any area, structure, or device which is designed, adapted, and used to support, guide, control, permit, or facilitate the movement, starting, stopping, takeoff, landing, or servicing of a public conveyance or the loading or unloading of passengers or goods.



    Is there any case law in CO that defines "legal authority" when it comes to carrying a firearm? Is the CO constitution enough?

  2. #2
    Regular Member PikesPeakMtnMan's Avatar
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    This has come up before. I don't think that there is a defined definition of "legal authority." Many people think that as long as you're carrying within the bounds of the law (i.e., for self-defense) then you are good to go. Same line of thinking goes for those with a CHP.

    Good question though, one that I've often thought about, I'm interested in hearing what others have to say.
    One day your life is going to flash before your eyes, make it worth watching.

  3. #3
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    Unless a facility of public transportation such as a bus is considered a school, has permanent weapon screening in place, is a private business that does not allow weapons, or is an area prohibited by federal law, then you can carry your weapon with a concealed carry permit.



    All you need to know is this:



    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 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.
    Last edited by Deserteagle8338; 04-27-2012 at 01:36 PM.

  4. #4
    Regular Member JamesB's Avatar
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    Quote Originally Posted by Deserteagle8338 View Post
    Unless a facility of public transportation such as a bus is considered a school, has permanent weapon screening in place, is a private business that does not allow weapons, or is an area prohibited by federal law, then you can carry your weapon with a concealed carry permit.
    ...snip
    true enough.

    for those with a permit...

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