Page 1 of 2 12 LastLast
Results 1 to 25 of 42

Thread: 1000 foot school zone

  1. #1
    Regular Member
    Join Date
    Jul 2014
    Location
    Aurora, Colorado
    Posts
    5

    1000 foot school zone

    Can someone please enlighten me on the 1000 foot rule?
    1. public and private schools?
    2.It says private property is an exception. Is that my private property? Or a store's private property also?
    3.If a store's private property is okay then what about the parking lot to the store?
    4.On a public road in my car within the 1000 foot zone?
    I don't have the convenience of getting a chp to be able to carry around but not on school property because I'm too young. And I'm tired of leaving my handgun in the car or at home anywhere close to a school because there more than 10 schools I can think of off the top of my head within 10 miles of my house.
    Thanks in advance,
    Tyler

  2. #2
    Regular Member
    Join Date
    Dec 2013
    Location
    Colorado
    Posts
    32
    This is all my very non lawyer understanding.

    1. Public schools in CO are gun free zones, you can keep your handgun out of view in a locked vehicle in a school parking lot so I assume car carry is okay on the road right next to it. Private schools, I think, can make any rules they desire so you'd have to know but I treat them like public schools (although the possibility could be that they are even stricter) but you don't plan on being on the "real" property of said schools so it shouldn't be a problem.

    2.Your car is your real private property and is like a rolling home. Police need a warrant to search it, and open and conceal carry and acceptable without a CHP (except OC in Denver). Driving by a school would be of no consequence.

    3.Most Stores own the parking lot in front of them, so they can do whatever rules they choose.

    4.You're fine, I think.

    You can conceal carry your handgun in your car everywhere in Colorado, you can open carry in your car everywhere but Denver. I would say if you're under 21 just keep your gun locked in your glove box if it's not physically on your person. Police need a warrant to search it regardless. Just remember to not keep your license/registration ect. next to the gun, police won't like that if you get pulled over and you have to touch/move a gun while they are around.

  3. #3
    Regular Member
    Join Date
    Jul 2014
    Location
    Aurora, Colorado
    Posts
    5
    Quote Originally Posted by JG_Buffalo View Post
    This is all my very non lawyer understanding.

    1. Public schools in CO are gun free zones, you can keep your handgun out of view in a locked vehicle in a school parking lot so I assume car carry is okay on the road right next to it. Private schools, I think, can make any rules they desire so you'd have to know but I treat them like public schools (although the possibility could be that they are even stricter) but you don't plan on being on the "real" property of said schools so it shouldn't be a problem.

    2.Your car is your real private property and is like a rolling home. Police need a warrant to search it, and open and conceal carry and acceptable without a CHP (except OC in Denver). Driving by a school would be of no consequence.

    3.Most Stores own the parking lot in front of them, so they can do whatever rules they choose.

    4.You're fine, I think.

    You can conceal carry your handgun in your car everywhere in Colorado, you can open carry in your car everywhere but Denver. I would say if you're under 21 just keep your gun locked in your glove box if it's not physically on your person. Police need a warrant to search it regardless. Just remember to not keep your license/registration ect. next to the gun, police won't like that if you get pulled over and you have to touch/move a gun while they are around.
    So, just to be completely clear, I SHOULD be okay OCing in a store with a school with in 1000 feet?
    There's 2 places so far where I have been weary, king soopers at Arapahoe crossings at parker and arapahoe has Regis high school behind it. And home depot at south lands has some middle school within 1000 feet I believe.

  4. #4
    Regular Member
    Join Date
    Mar 2008
    Location
    Texas
    Posts
    301
    http://www.titleii.com/bardwell/gun_...hool_zones.txt

    http://en.wikipedia.org/wiki/Gun-Fre...es_Act_of_1990


    ...would be recommended reading...and there will be a test...as several folks in the second linked article found out

    ...CO law can't excuse you from the provisions of this Federal law...
    Last edited by sheepdog; 07-30-2014 at 04:26 PM.

  5. #5
    Regular Member
    Join Date
    Jun 2012
    Location
    Florida
    Posts
    1,095
    Quote Originally Posted by sheepdog View Post
    http://www.titleii.com/bardwell/gun_...hool_zones.txt

    http://en.wikipedia.org/wiki/Gun-Fre...es_Act_of_1990


    ...would be recommended reading...and there will be a test...as several folks in the second linked article found out

    ...CO law can't excuse you from the provisions of this Federal law...
    All of which were add-on charges when they were arrested for other illegal activity.

  6. #6
    Regular Member
    Join Date
    Mar 2008
    Location
    Texas
    Posts
    301
    ...regardless of whether they were add-on charges, their effect on the defendant was the same...I'd hate to see any man, young or old, lose his gun rights...even if he were given probation on the charge...

  7. #7
    Regular Member
    Join Date
    Mar 2008
    Location
    Texas
    Posts
    301
    ...precisely correct...ON that private lot or in the store...but the law kicks back in the second one walks or drives across the sidewalk or onto the street or alley...then the gun must be unloaded and locked away, according to the law cited above...

    ...Ron Paul tried to get this repealed, maybe, in an election year, he'll take another run at doing that...maybe, if Americans are sick enough of the Federal yoke, it'll happen...Thomas Massie introduced HR133 Jan 2013 to do it...haven't been able to find the status now...
    https://www.govtrack.us/congress/bills/113/hr133/text
    Last edited by sheepdog; 07-30-2014 at 06:59 PM.

  8. #8
    Regular Member Ron_O's Avatar
    Join Date
    Aug 2014
    Location
    Las Vegas
    Posts
    109
    Quote Originally Posted by sheepdog View Post
    ...precisely correct...ON that private lot or in the store...but the law kicks back in the second one walks or drives across the sidewalk or onto the street or alley...then the gun must be unloaded and locked away, according to the law cited above...

    ...Ron Paul tried to get this repealed, maybe, in an election year, he'll take another run at doing that...maybe, if Americans are sick enough of the Federal yoke, it'll happen...Thomas Massie introduced HR133 Jan 2013 to do it...haven't been able to find the status now...
    https://www.govtrack.us/congress/bills/113/hr133/text
    Lots of misinformation out there regarding this law. Other than on private property, it seems pretty clear to me that anyone who's within 1000 feet of a school, even while driving past in their car or walking or riding on a sidewalk, is in violation and subject to the rather severe penalties of this law. This is lunacy.

    http://en.wikipedia.org/wiki/Gun-Fre...es_Act_of_1990
    Last edited by Ron_O; 09-19-2014 at 03:00 PM.

  9. #9
    Regular Member
    Join Date
    Aug 2009
    Location
    , ,
    Posts
    1,605
    snirp88:

    Colorado does NOT have a '1000-Foot' Buffer Zone around Schools. Therefore, Carrying a Firearm within 1000 Feet of a School is Legal under Colorado Law as Colorado ONLY Prohibits Carrying a Firearm Actually in or on The School Property Itself.

    However, The Federal Government DOES have The '1000-Foot' Rule. If You have a Colorado Concealed Handgun Permit, You are OK under Federal Code Section 18 U.S.C 922(q)(2)(B)(ii). Likewise, if You are in or on PRIVATE Property, which is not Public Property, You are also OK regardless of whether or not You have that Permit.

    aadvark
    Last edited by aadvark; 09-19-2014 at 03:14 PM.

  10. #10
    Regular Member
    Join Date
    Aug 2009
    Location
    , ,
    Posts
    500
    Wouldn't it need to be a federal officer enforcing this federal law about 1000 feet within a school zone which conflicts with Colorado law?

  11. #11
    Regular Member
    Join Date
    Jun 2014
    Location
    Colorado
    Posts
    75
    Quote Originally Posted by bomber View Post
    Wouldn't it need to be a federal officer enforcing this federal law about 1000 feet within a school zone which conflicts with Colorado law?
    From what I read... not directly. But Colorado is a ID state, which means that you will have to show identification. Local police can forward information to the US AG for evaluation. I suppose if the 'stink' were big enough and the evidence forwarded to the AG were strong enough to compel the AG to charge, I can see that it could happen. Not legal advice, this is my opinion only. Seek qualified legal advice.

    edit:

    CRS 16-3

    also, read the associated case law and guidance in those statutes.
    Last edited by JonStore; 10-09-2014 at 03:13 PM.

  12. #12
    Regular Member Beau's Avatar
    Join Date
    Dec 2007
    Location
    East of Aurora, Colorado, USA
    Posts
    672
    Quote Originally Posted by JonStore View Post
    From what I read... not directly. But Colorado is a ID state,
    What do you mean Colorado is an ID state?
    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

  13. #13
    Regular Member
    Join Date
    Jun 2014
    Location
    Colorado
    Posts
    75
    Quote Originally Posted by Beau View Post
    What do you mean Colorado is an ID state?

    I'm not totally clear on how you did not understand.


    But I digress, I should have clarified. Should a police officer stop you, [and reasonably suspects...], they can require identification in Colorado. That ties in to my earlier points about the forwarding of evidence.

    Of course, stopping may not constitute an arrest.

    cite:
    C.R.S. 16-3-103 (2014)

    This is my opinion only and not legal advice. Seek qualified legal advice.

    Jon
    Last edited by JonStore; 10-13-2014 at 03:55 PM.

  14. #14
    Regular Member Beau's Avatar
    Join Date
    Dec 2007
    Location
    East of Aurora, Colorado, USA
    Posts
    672
    Quote Originally Posted by JonStore View Post
    I'm not totally clear on how you did not understand.


    But I digress, I should have clarified. Should a police officer stop you, [and reasonably suspects...], they can require identification in Colorado. That ties in to my earlier points about the forwarding of evidence.

    Of course, stopping may not constitute an arrest.

    cite:
    C.R.S. 16-3-103 (2014)

    This is my opinion only and not legal advice. Seek qualified legal advice.

    Jon
    Ah. I hear a lot of people refer to CO as a stop and ID state and what they mean is that if LE asks you for ID for any reason you have to provide it. That they do not have to have RAS in order to demand ID. I thought you may have been stating the same thing.
    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

  15. #15
    Regular Member
    Join Date
    Jun 2014
    Location
    Colorado
    Posts
    75
    Quote Originally Posted by Beau View Post
    Ah. I hear a lot of people refer to CO as a stop and ID state and what they mean is that if LE asks you for ID for any reason you have to provide it. That they do not have to have RAS in order to demand ID. I thought you may have been stating the same thing.
    It looks like they have to reasonably suspect, however, I think we all know how loosely interpreted that can be. I am thinking that it might be more trouble to argue with an LEO over an I.D.

  16. #16
    Regular Member
    Join Date
    Feb 2013
    Location
    Thru Death's Door in Wisconsin
    Posts
    13,161
    Differentiate oral identification from identification documents.
    I am responsible for my writing, not your understanding of it.

  17. #17
    Regular Member
    Join Date
    Jun 2014
    Location
    Colorado
    Posts
    75
    Quote Originally Posted by Nightmare View Post
    Differentiate oral identification from identification documents.
    BLUF: That statutes appear to read, if the officer demands ID (and whatever else the law/statute requires) if you have ID available, you produce. Along with answering the two or three questions the statue requires (save the 5th amendment exclusion, of course... but that is a different debate/topic altogether.)

    It is interesting to note, the statute proscribes providing a SSN.


    I'm not clear on what you are asking. The revised statute already differentiates, I don't need to do that. It includes written in the same sentence it directs oral. "...identification if available". If "identification" were oral, then the language would be redundant. But it is not... Identification is defined elsewhere in the statutes. Also, it is important to note the relevant case law. None of this is legal advice. Only my opinion. Seek qualified legal advice.

    Jon

  18. #18
    Regular Member
    Join Date
    Aug 2009
    Location
    , ,
    Posts
    500
    Quote Originally Posted by gutshot View Post
    [QUOTEestrictive=bomber;2097617]Wouldn't it need to be a federal officer enforcing this federal law about 1000 feet within a school zone which conflicts with Colorado law?

    It doesn't "conflict" with Colorado law. The federal law is just more restrictive than Colorado law. If Colorado law said you could carry a gun within 1000 ft. of a school, then they would "conflict". State and federal law are very seldom in exact agreement, and usually regulate different things. Guns and schools just happen to be two areas that fall under the authority of both.
    Colorado law explicitly states you can carry a gun onto school grounds in your vehicle.


    C.R.S. 18-12-214

    (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;
    Last edited by bomber; 10-15-2014 at 11:43 AM.

  19. #19
    Regular Member
    Join Date
    Jun 2014
    Location
    Colorado
    Posts
    75
    Quote Originally Posted by bomber View Post
    [FONT=arial black][SIZE=4]


    Colorado law explicitly states you can carry a gun onto school grounds in your vehicle.


    C.R.S. 18-12-214

    (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;
    Yup. I usually take it off and put it in the glovebox. Then exit my truck.

  20. #20
    Banned
    Join Date
    Jan 2012
    Location
    earth's crust
    Posts
    17,838
    Just go to 1001 ft, and leave the gun on the sidewalk while you zip into the school...they want safety? They got it.

  21. #21
    Activist Member JamesCanby's Avatar
    Join Date
    Jul 2010
    Location
    Alexandria, VA at www.NoVA-MDSelfDefense.com
    Posts
    1,543
    Quote Originally Posted by davidmcbeth View Post
    Just go to 1001 ft, and leave the gun on the sidewalk while you zip into the school...they want safety? They got it.
    snirp88:

    Please do NOT take that ^^^ poster's "advice."
    Air Force Veteran
    NRA Life Member
    VCDL Member
    NRA Certified Chief Range Safety Officer
    NRA Certified Instructor: Pistol, Rifle, Shotgun, Home Firearm Safety, Personal Protection
    Maryland Qualified Handgun Instructor
    Certified Instructor, Associated Gun Clubs of Baltimore, Inc.
    Member, Mt. Washington Rod & Gun Club
    National Sporting Clays Association Certified Referee

  22. #22
    Banned
    Join Date
    Jan 2012
    Location
    earth's crust
    Posts
    17,838
    Quote Originally Posted by JamesCanby View Post
    snirp88:

    Please do NOT take that ^^^ poster's "advice."
    sarcasm .... duh

  23. #23
    Activist Member JamesCanby's Avatar
    Join Date
    Jul 2010
    Location
    Alexandria, VA at www.NoVA-MDSelfDefense.com
    Posts
    1,543
    Quote Originally Posted by davidmcbeth View Post
    sarcasm .... duh
    Warned him because as a young poster (only 5 posts) he may not have discovered (as most of the rest of us have) how inane your comments are...
    Air Force Veteran
    NRA Life Member
    VCDL Member
    NRA Certified Chief Range Safety Officer
    NRA Certified Instructor: Pistol, Rifle, Shotgun, Home Firearm Safety, Personal Protection
    Maryland Qualified Handgun Instructor
    Certified Instructor, Associated Gun Clubs of Baltimore, Inc.
    Member, Mt. Washington Rod & Gun Club
    National Sporting Clays Association Certified Referee

  24. #24
    Regular Member
    Join Date
    Jun 2014
    Location
    Colorado
    Posts
    75
    Quote Originally Posted by davidmcbeth View Post
    Just go to 1001 ft, and leave the gun on the sidewalk while you zip into the school...they want safety? They got it.
    Sarcasm is lost in the written word.

  25. #25
    Regular Member
    Join Date
    Oct 2013
    Location
    Larimer County, CO
    Posts
    212
    Quote Originally Posted by Beau View Post
    Ah. I hear a lot of people refer to CO as a stop and ID state and what they mean is that if LE asks you for ID for any reason you have to provide it. That they do not have to have RAS in order to demand ID. I thought you may have been stating the same thing.
    Quote Originally Posted by JonStore View Post
    BLUF: That statutes appear to read, if the officer demands ID (and whatever else the law/statute requires) if you have ID available, you produce. Along with answering the two or three questions the statue requires (save the 5th amendment exclusion, of course... but that is a different debate/topic altogether.)

    It is interesting to note, the statute proscribes providing a SSN.
    I can not believe that in this day and age, 47 years after Terry v Ohio, people still equate stop and ID with "papers please."

Page 1 of 2 12 LastLast

Posting Permissions

  • You may not post new threads
  • You may not post replies
  • You may not post attachments
  • You may not edit your posts
  •