Airport Carry

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Just wondering if anyone knows of any statute/ordinance prohibiting me from CCing while picking someone up at DIA. I probably won't even have to enter the terminal, but I know some other airports do searches just in pulling up to the pickup area. Any thoughts?

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If my memory serves me correctly, you can CC at DIA (of course you cant go through security, not that you would). I'll have to look it up to be sure.

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There are no signs posted that I've seen. The last time I was there for a pickup was at Christmas. I was able to browse anywhere that wasn't a sterile area. I was CCing my 1911 on my hip. No issues. OC is a No Go since it's still Denver County.

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The terminal area is not a sterile area at DIA and you are not screened when you go into the terminal. The airport is owned and operated by Denver so the open carry ban is in effect. Concealed carry is governed by the restrictions in 18-12-214 (which I've included below). The DIA airport terminal does not fall under any of these restrictions so it is perfectly legal to carry in the terminal as long as you are not going through security. Oh, IANAL so YMMV!

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.


Source: L. 2003: Entire part added, p. 647, § 1, effective May 17.

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Does a concealed carry permit preempt 18-9-118 (firearms in facilities of public transportation)?

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I just asked that very question on another forum. I would say that it does preempt as 18-12-214(1)(a) states that a permit authorizes carry in all parts of the state except as specifically limited by 18-12-214.

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.

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OK - that would be my only concern with carrying at DIA but the law appears to allow it for CCW. I can just see some Barney Fife getting excited if for some reason they made a "discovery".

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I've had the same question about public transportation facilities because of the text in the statute that states "without legal authority" and I assume that to mean that a CHP qualifies as "legal authority" and not just for LEOs.

My concern was that 18-12-214 (1) (a) says in part ".....does not authorize the permittee to use a handgun in a manner that would violate a provision of state law" and I thought that it might contradict 18-9-118 but then I saw the word "use" and since carrying a gun is different than using it I think we're okay. My take on it is that carrying is carrying and using is shooting.

18-12-214 is Authority granted by permit - carrying restrictions
and
18-9-118 is Firearms in facilities of public transportation

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I CCed there yesterday without incident. Thanks guys.

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centsi wrote:

Just wondering if anyone knows of any statute/ordinance prohibiting me from CCing while picking someone up at DIA. I probably won't even have to enter the terminal, but I know some other airports do searches just in pulling up to the pickup area. Any thoughts?

Click to expand...

What does our map say on this issue?

Also, Airport inspections can be declined.

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*edit* removed.

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It says right on the glassdoor when you enter level 3 for short term parking (I'm paraphasing here)no guns, or explosives (including ammunition).

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PikesPeakMtnMan wrote:

18-9-118 is Firearms in facilities of public transportation

Click to expand...

What is the text of 18-9-118 ?

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jbowers24 wrote:

It says right on the glass door when you enter level 3 for short term parking (I'm paraphasing here) no guns, or explosives (including ammunition).

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Is this a legal sign? My understanding is that municipalities can not ban concealed carry. Only open carry can be banned by the posting of signs at every entrance to a specific area or building.

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Mike wrote:

PikesPeakMtnMan wrote:

18-9-118 is Firearms in facilities of public transportation

Click to expand...

What is the text of 18-9-118 ?

Click to expand...

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. Endangering public transportation.

(1) A person commits endangering public transportation if such person:
(a) Tampers with a facility of public transportation with intent to cause any damage, malfunction, or nonfunction which would result in the creation of a substantial risk of death or serious bodily injury to anyone; or
(b) Stops or boards a public conveyance with the intent of committing a crime thereon; or
(c) On a public conveyance, knowingly threatens any operator, crew member, attendant, or passenger:
(I) With death or imminent serious bodily injury; or
(II) With a deadly weapon or with words or actions intended to induce belief that such person is armed with a deadly weapon; or
(d) On a public conveyance:
(I) Knowingly or recklessly causes bodily injury to another person; or
(II) With criminal negligence causes bodily injury to another person by means of a deadly weapon.
(2) "Public" means offered or available to the public generally, either free or upon payment of a fare, fee, rate, or tariff, or offered or made available by a school or school district to pupils regularly enrolled in public or nonpublic schools in preschool through grade twelve.
(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.
(5) Endangering public transportation is a class 3 felony.

9-7-103 only defines explosives, nothing at all about firearms.

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Mike wrote:

PikesPeakMtnMan wrote:

18-9-118 is Firearms in facilities of public transportation

Click to expand...

What is the text of 18-9-118 ?

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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).

http://www.michie.com/colorado/lpext.dll?f=templates&fn=main-h.htm&cp=

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Possession of a recognized CC permit certainly confers "legal authority". If it does not, we are allillegal.

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RLCbushpilot wrote:

Mike wrote:

PikesPeakMtnMan wrote:

18-9-118 is Firearms in facilities of public transportation

Click to expand...

What is the text of 18-9-118 ?

Click to expand...

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).

http://www.michie.com/colorado/lpext.dll?f=templates&fn=main-h.htm&cp=

Click to expand...

And looking at 18-9-115(4) below it still look vague - are there any Ag opinions or court cases on this?

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[align=justify]18-9-115. Endangering public transportation.[/align]
[align=justify][/align]
[align=justify](1) A person commits endangering public transportation if such person:[/align]
[align=justify](a) Tampers with a facility of public transportation with intent to cause any damage, malfunction, or nonfunction which would result in the creation of a substantial risk of death or serious bodily injury to anyone; or[/align]
[align=justify](b) Stops or boards a public conveyance with the intent of committing a crime thereon; or[/align]
[align=justify](c) On a public conveyance, knowingly threatens any operator, crew member, attendant, or passenger:[/align]
[align=justify](I) With death or imminent serious bodily injury; or[/align]
[align=justify](II) With a deadly weapon or with words or actions intended to induce belief that such person is armed with a deadly weapon; or[/align]
[align=justify](d) On a public conveyance:[/align]
[align=justify](I) Knowingly or recklessly causes bodily injury to another person; or[/align]

[align=justify](II) With criminal negligence causes bodily injury to another person by means of a deadly weapon.[/align]
[align=justify](2) "Public" means offered or available to the public generally, either free or upon payment of a fare, fee, rate, or tariff, or offered or made available by a school or school district to pupils regularly enrolled in public or nonpublic schools in preschool through grade twelve.[/align]
[align=justify](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.[/align]
[align=justify](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.[/align]
[align=justify](5) Endangering public transportation is a class 3 felony.[/align]