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Thread: Colorado Open Carry Detailed Questions

  1. #1
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    Colorado Open Carry Detailed Questions

    Hello all,

    This is my first post after reading up on the forum for the last two months and OCing a few times to get the feel. From what I have read of the laws involved I still have some questions that will affect my OC. I ride a motorcycle/car around town and too/from work. I have read that OC is legal in a vehicle, so here are my questions in list order to make it easier to answer:

    1. What is "clearly Visible" in regards to open carry in the car? (ie. can I leave it in my OC holster sitting on my passenger seat, also what if the passenger seat is being used)
    2. If I am going into a store that prohibits guns, can I leave my son (or person with an unknown record) and gun in the car as long as I just put it in the lockbox? (Ammo also?)
    3. If I am going into a store that prohibits guns and I leave my son (or person with an unknown record) and gun in in a locked box on my motorcycle? (if I add one) And how would I have to have a separate lockable area to put the ammo?
    4. How does open carry in a car work when I am driving within 1000 feet of a school zone? (or waiting to pick him up)
    5. How does open carry on a motorcycle work when I am within 1000 feet of a school zone? (on my hip, motorcycle has no real lockable compartments)
    6. Can you handle the gun in public? (ie. not at a private residence, while it is unloaded, heck just to make sure the chamber is clear before I go into a store, when I am on my motorcycle)
    7. Can I open carry

    If you there are any statutes you can reference in your replies that would be greatly appreciated.

    -Gord
    Last edited by gordincolorado; 07-21-2012 at 02:17 PM.

  2. #2
    Regular Member Bellum_Intus's Avatar
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    1. there is no requirement for clearly visible in car. CRS 18-12.105 / 18-12-105.6
    2. Illegal CRS 18-12-108.5 - it at glance is 'legal' under 18-12-108.5 (2) BUT.. legal guardian has to be in "control" of real property.. not in a store.
    3. As above
    4. If it is in car open or concealed it's not an offense if unloaded CRS 18-12-105.5(a) Not an offense if you carry a legal CHP CRS 18-12-105.5(d.5)
    "Loaded" is defined as a round in the chamber CRS 18-12-108.5(a)
    5. I wouldn't do it.
    6. Could result in a brandishing charge or Criminal Mischief.
    7. Yes except in Denver County and posted gov't buildings (and a few other places)


    Note to # 2.. I didn't read lockbox.. you should be ok w/ a lockbox.. to possess means the prohibited person has access to the firearm or can affect it. meaning a trigger lock is not sufficient as the prohibited person or juvenile could still transfer the firearm but a lockbox with a combination or key that the PP has no access to is OK.

    Take a look at CRS 18-12-108.7 too

    Quote Originally Posted by gordincolorado View Post
    Hello all,

    This is my first post after reading up on the forum for the last two months and OCing a few times to get the feel. From what I have read of the laws involved I still have some questions that will affect my OC. I ride a motorcycle/car around town and too/from work. I have read that OC is legal in a vehicle, so here are my questions in list order to make it easier to answer:

    1. What is "clearly Visible" in regards to open carry in the car? (ie. can I leave it in my OC holster sitting on my passenger seat, also what if the passenger seat is being used)
    2. If I am going into a store that prohibits guns, can I leave my son (or person with an unknown record) and gun in the car as long as I just put it in the lockbox? (Ammo also?)
    3. If I am going into a store that prohibits guns and I leave my son (or person with an unknown record) and gun in in a locked box on my motorcycle? (if I add one) And how would I have to have a separate lockable area to put the ammo?
    4. How does open carry in a car work when I am driving within 1000 feet of a school zone? (or waiting to pick him up)
    5. How does open carry on a motorcycle work when I am within 1000 feet of a school zone? (on my hip, motorcycle has no real lockable compartments)
    6. Can you handle the gun in public? (ie. not at a private residence, while it is unloaded, heck just to make sure the chamber is clear before I go into a store, when I am on my motorcycle)
    7. Can I open carry

    If you there are any statutes you can reference in your replies that would be greatly appreciated.

    -Gord
    Last edited by Bellum_Intus; 07-21-2012 at 09:25 PM.
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  3. #3
    Regular Member Wolfstanus's Avatar
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    1. Personally I would keep it on my hip. Or at least invest in some kind of saddle box (heavy duty lockable)
    2. said it best. Lockbox should be fine.
    3. Intus again.
    4. I keep mine with the mag in. I just avoid certain places. Also everybody follows me in if I have to leave it behind. A u box with a lockbox in it can help. I'm sure they make some with locks and I'm pretty positive they make heavy duty ones. If not get a normal u box frame and modify a lock box to fit on it (somthing to that effect... Yeah)
    5. Avoid school zones like the plague. (should be a app for gun free zones. Would pay for that) if you can't avoid them don't take it.
    6. Indeed it can result in one. All it takes is one anti gun lady to lie or a oversensative opinionated person.
    7. Denver is a nono. Gov buildings public schools most collages banks etc. some banks allow guns. Some.

  4. #4
    Regular Member Beau's Avatar
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    Quote Originally Posted by gordincolorado View Post
    Hello all,

    This is my first post after reading up on the forum for the last two months and OCing a few times to get the feel. From what I have read of the laws involved I still have some questions that will affect my OC. I ride a motorcycle/car around town and too/from work. I have read that OC is legal in a vehicle, so here are my questions in list order to make it easier to answer:

    1. What is "clearly Visible" in regards to open carry in the car? (ie. can I leave it in my OC holster sitting on my passenger seat, also what if the passenger seat is being used)It does not matter how visible it is in a vehicle. Your vehicle is considered an extension of your home and you can carry in/on your vehicle openly or concealed.
    2. If I am going into a store that prohibits guns, can I leave my son (or person with an unknown record) and gun in the car as long as I just put it in the lockbox? (Ammo also)?
    Yes but i have to ask why would you leave a firearm with a person of an unkown record? I wouldn't even allow a person into my car I didn't trust or know about. Let alone leave a gun with them. In order to answer the other part. HOw old is your son?
    3. If I am going into a store that prohibits guns and I leave my son (or person with an unknown record) and gun in in a locked box on my motorcycle? (if I add one) And how would I have to have a separate lockable area to put the ammo?
    No.
    4. How does open carry in a car work when I am driving within 1000 feet of a school zone? (or waiting to pick him upa
    The best I can figure is it is against Federal but not state law. I myself didn't worry about it. Same applies to question 5.

    5. How does open carry on a motorcycle work when I am within 1000 feet of a school zone? (on my hip, motorcycle has no real lockable compartments)

    6. Can you handle the gun in public? (ie. not at a private residence, while it is unloaded, heck just to make sure the chamber is clear before I go into a store, when I am on my motorcycle.
    Why? What good is an unloaded gun. There is not requirement to carry in such a manner. But yes you could handle your weapon in public though it is not very smart or safe.
    7. Can I open carry ?
    Yes. With the exception of Denver city/county and Denver owned properties.

    If you there are any statutes you can reference in your replies that would be greatly appreciated.

    -Gord
    ..........
    Colorado Gun Owners - COGO
    http://www.ColoradoGunOwners.com

    A discussion forum for Colorado Gun Owners.

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

  5. #5
    Regular Member PikesPeakMtnMan's Avatar
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    Vehicles (including motorcycles) are all one and the same when it come how gun laws in CO are concerned. Most of the laws in fact say "in a private vehicle or other private means of conveyance." Motorcycles most certainly fall into "private means of conveyance." What is legal in a typical car is legal on a motorcycle.
    Last edited by PikesPeakMtnMan; 07-22-2012 at 01:22 AM.
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  6. #6
    Regular Member JamesB's Avatar
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    and for statute referances...perhaps this will help you:
    http://www.rmgo.org/gun-law-faqs/carrying-in-a-vehicle

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