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Thread: CHP - School Zones

  1. #1
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    CHP - School Zones

    I just want to confirm. If I am reading correctly, now that I have a CHP; the 1,000 foot rule no longer applies. Only that if I am on the real property of a school I have to drop off the weapon (read: Secure it in the vehicle, locked). I have a few schools around and there are shops within 1,000 feet in fountain, such as Lowe's. I can open carry there now... correct?

    Thank you for the help,

    Jon

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    The CRS can be found here.

    I find nothing in C.R.S. 18-12-105.5 that defines a 1,000-foot boundary beyond the real property of the school. Now, it IS possible that a local statue/municipal code may be at play, but I don't see it at the state level.

    C.R.S. 18-12-214 also governs about carrying on to school property, and again does NOT define a 1,000-foot buffer.

    I would suggest looking up the municipal code for the area that most concerns you on this question.

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    Quote Originally Posted by jackrockblc View Post
    The CRS can be found here.

    I find nothing in C.R.S. 18-12-105.5 that defines a 1,000-foot boundary beyond the real property of the school. Now, it IS possible that a local statue/municipal code may be at play, but I don't see it at the state level.

    C.R.S. 18-12-214 also governs about carrying on to school property, and again does NOT define a 1,000-foot buffer.

    I would suggest looking up the municipal code for the area that most concerns you on this question.
    I'm sorry, I need to clarify. I was in reference to 18 U.S.C. 922. The federal statutes.

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    Quote Originally Posted by JonStore View Post
    I'm sorry, I need to clarify. I was in reference to 18 U.S.C. 922. The federal statutes.
    Couldn't find it there, but I see where it was defined - section 921.


    I would say it depends on the area, then. If it's private property, but not on school grounds (as differed from school "zone"), then I would imagine it's legal. However, public property within that 1,000 distance now constitutes the school zone and would then be problematic.

    This is a very tricky situation, and one probably best left for LEOs and criminal lawyers. If I were in your situation, I'd conceal until you're off that part of the property. Just throw your shirt/jacket over it until you're beyond the 1,000 foot radius.

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    I went back and re-read your question, and think I slightly misread it.

    This is, I believe, the crux of your question:

    (B) Subparagraph (A) does not apply to the possession of a firearm-
    (ii) if the individual possessing the firearm is licensed to do so by the State in which the school zone is located or a political subdivision of the State, and the law of the State or political subdivision requires that, before an individual obtains such a license, the law enforcement authorities of the State or political subdivision verify that the individual is qualified under law to receive the license;


    Looking between that, and the state CRS, I'd say that it's still technically illegal, even if concealed - again, unless that ground is private property. This might be one case where I'd advocate "conceal it and just be quick about your task".

    But this part bears noting, as well:

    (ii) if the individual possessing the firearm is licensed to do so by the State in which the school zone is located or a political subdivision of the State, and the law of the State or political subdivision requires that, before an individual obtains such a license, the law enforcement authorities of the State or political subdivision verify that the individual is qualified under law to receive the license;

    I can't find a link to say Colorado's CHP is appropriate for a "license" in this case, as the CRS only refers to the real property, not the zone. I'd honestly suggest asking the county Sheriff or an LEO that you trust to give a straight answer.


    Good question, though. I'm training with a police firearms instructor this weekend, and I also know the local POST chief instructor, so I may ask them both.

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    I won't advise on this particular issue. However, when I read the C.R.S. together with the federal statute, side by side, here's what I gather they were saying about the issue: The CHP allows me to carry concealed within the 1,000 foot buffer, but firearms use within that buffer puts me squarely under federal jurisdiction, should they choose to exert their jurisdiction. Otherwise, jurisdiction falls to the local authorities. Also, CHP holders may drive onto school property with their firearm in a concealed status. They may even leave their firearm in their vehicle on school property, provided the firearm is inside the vehicle in a close compartment and the vehicle is locked.

    Again, this is NOT advice. Conduct your own research.
    The First protects the Second, and the Second protects the First. Together, they protect the rest of our Bill of Rights and our United States Constitution, and help We the People protect ourselves in the spirit of our Declaration of Independence.

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    Quote Originally Posted by since9 View Post
    I won't advise on this particular issue. However, when I read the C.R.S. together with the federal statute, side by side, here's what I gather they were saying about the issue: The CHP allows me to carry concealed within the 1,000 foot buffer, but firearms use within that buffer puts me squarely under federal jurisdiction, should they choose to exert their jurisdiction. Otherwise, jurisdiction falls to the local authorities. Also, CHP holders may drive onto school property with their firearm in a concealed status. They may even leave their firearm in their vehicle on school property, provided the firearm is inside the vehicle in a close compartment and the vehicle is locked.

    Again, this is NOT advice. Conduct your own research.
    I did not come to that same conclusion, but I couldn't find sufficient statement against it, either. I will have to go back and reread it, as I am in a similar boat as the OP.
    Last edited by jackrockblc; 07-25-2014 at 07:59 PM.

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