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Thread: Discharge of Firearm on Private Property

  1. #1
    Regular Member Alamo Jack's Avatar
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    Discharge of Firearm on Private Property

    So, for all you legal beagles -

    What is the law pertaining to discharging a firearm on a residential property in Colorado, or more specifically, in Archuleta County?

    I have two and a half acres in Aspen Springs, Colorado, which in part of unincorporated Archuleta County. I know many of my neighbors shoot their guns on their properties, but I can't seem to find any sort of rules or regulations pertaining to such.

    I'm not looking to do a whole bunch of shooting on my property, as I know this would disturb the neighbors, but would like to be able to test a new load or a new gun without having to drive out to Forest Circus, especially in the winter when the forest is closed.

    If anyone knows the pertinent laws, or knows how to find them, please let me know. I've checked all the regular avenues, to no avail. Thanks!

  2. #2
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    In The Air

    From what I can see at first glance, you are ok, but as a example if you live in pogota springs you can't


    Sec. 12.11.8. Discharging Firearms.
    No person shall fire off any cannon, gun, pistol, revolver, or other firearms within the Town limits, except:
    (1) A police officer of the Town in the discharge of his or her duties;
    (2) When the prior permission of the Town Council or the Chief of Police is obtained, and
    then only at a location and under such rules and precautions required by the Council or chief; or
    (3) During an emergency situation, including but not limited to firing at dangerous or obtrusive animals.

    Most city's have no discharge rules, out in a open county's you are ok....

  3. #3
    Regular Member Alamo Jack's Avatar
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    Discharge of Firearm on Private Property

    Ok, that would seem to resolve the situation, but is there anything in state law to the contrary? I don't live within Pagosa Springs boundaries and never will.

  4. #4
    Regular Member PikesPeakMtnMan's Avatar
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    Discharge of firearms is not covered under preemption at all. That is one gun law that is left up to cities and towns and other local jurisdictions to decide on their own.

    From a VERY CASUAL observance of a couple laws, inside city limits it's not allowed but counties may allow it if you're far enough out in the boonies with enough of your own land.
    One day your life is going to flash before your eyes, make it worth watching.

  5. #5
    Regular Member Alamo Jack's Avatar
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    Quote Originally Posted by PikesPeakMtnMan View Post
    From a VERY CASUAL observance of a couple laws, inside city limits it's not allowed but counties may allow it if you're far enough out in the boonies with enough of your own land.
    And herein lies my quandry. I've been up and down through the Archuleta County ordinances and property restrictions, and cannot find one word about firearms. Mebbe I'll have to call the Sherrif and ask for all laws and ordinances pertaining to firearms in the county.

    We live in a rather rural area, but it is also very inhabited. Most parcels out here are 2.5 - 5 acres, and the majority have homes. It's a hilly, wooded area, and lots of us can't even see our neighbors. I have a wonderful hill to shoot into right behind my house.

    Now, would I, simply looking at the totality of the area, believe that it would be legal to shoot here? No. I would think that it is inhabited enough to have some sort of shooting ban. At least, it would seem that most areas of similar density DO. Do I think it's perfectly safe to shoot here, provided one has a suitable backstop? Absolutely. People have been shooting on their properties out here on a regular basis for the better of 30 years, and not one accidental maiming or death.

    I've never been concerned about it before, but now I have some ex-Kommiefornians for neighbors. They're nice people, but I wouldn't trust them not to call me in for shooting on my property. All of the rest of us understand the Aspen Springs Code of Silence.

  6. #6
    Regular Member Beau's Avatar
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    There is a state law the covers discharge of firearms in unincorporated areas. I can't for the life of me remember the c.r.s though. I'll start looking.
    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

  7. #7
    Regular Member Alamo Jack's Avatar
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    Discharge of Firearm on Private Property

    Thanks Beau... I appreciate it. Let me know if you find anything...

  8. #8
    Regular Member Beau's Avatar
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    Fount it.



    C.R.S. 30-15-302

    30-15-302. Board of county commissioners to designate area



    (1) The board of county commissioners of any county in this state may designate, by resolution, areas in the unincorporated territory of such county in which it is unlawful for any person to discharge any firearms, except a duly authorized law enforcement officer acting in the line of duty, but nothing in this subsection (1) shall prevent the discharge of any firearm in shooting galleries or in any private grounds or residence under circumstances when such firearm can be discharged in such a manner as not to endanger persons or property and also in such a manner as to prevent the projectile from any such firearm from traversing any grounds or space outside the limits of such shooting gallery, grounds, or residence.

    (2) No area shall be so designated under authority of subsection (1) of this section unless it has an average population density of not less than one hundred persons per square mile in the area designated, and, before making any such designation, the board of county commissioners shall hold a public hearing thereon at which any interested person shall have an opportunity to be heard. The provisions of article 3 of title 33, C.R.S., concerning the state's liability for damages done to property by wild animals protected by the game laws of the state shall not apply to any area designated by a board of county commissioners under authority of this part 3.

    (3) Nothing in this section shall be construed to restrict or otherwise affect any person's constitutional right to bear arms or his right to the defense of his person, his family, or his property.
    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

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