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Thread: How does Colorado define loaded?

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    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).


    I will be frequenting the bus soon. 118 says that loaded guns are not allowed on buses. Could I have my gun unloaded and the clip right next to it on my belt? Or would it be better to risk concealment by "transporting" it in a backpack?

    I thought that I have read somewhere that either a court or some law says that close vicinity of clip or ammunition means that it is loaded.

    Could not find this in search. Thanks.

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    I don't believe CRS defines "loaded" when it comes to handguns. But it does for long guns - that being a round in the chamber.

    It's my understanding that "legal authority" includes a valid CO CCW permit.

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    I do not have a CCW permit, so can a carry unloaded openly?

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    hansolo wrote:
    I do not have a CCW permit, so can a carry unloaded openly?
    IANAL, but the way I read it, Yes though it's open to interpretation. Since CRS defines "loaded" for long guns but not hand guns it's reasonable to apply the same definition to both.

    Remember that whether or not it's legal doesn't mean you won't be challenged on it by the transit authority or CSPD. My wife was told (wrongly) by CSPD during a traffic stop that she could not have her revolver in her car w/o a CCW. CRS explicitly states the contrary.

    edit: your question about the backpack would be considered concealed and illegal without a permit

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    So then my only option would be to open carry. I hate that even when we are doing something completely legal, everyone freaks out and the cops dont even know the laws.

    Thanks for your help.

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    Regular Member Gunslinger's Avatar
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    CCW holders are exempt. Loaded means loaded. No round in chamber or mag in gun is unloaded. Where you carry your ammo is not on point for the definition.
    "For any man who sheds his blood with me this day shall be my brother...And gentlemen now abed shall think themselves accursed, they were not here, and hold their manhoods cheap whilst any speaks who fought with us on Crispin's day." Henry V

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    Ok, sweet. I will carry my mag on my belt then. Thanks.

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    Keep us updated on your carry on public transport. I find myself in the same situation, having to take the bus alot and not having a CCW, and I was afraid I would have to go about my business unarmed.

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    Brass wrote:
    Keep us updated on your carry on public transport. I find myself in the same situation, having to take the bus alot and not having a CCW, and I was afraid I would have to go about my business unarmed.
    I will keep you updated. I might not ride a bus until next fall at college, but if I do prior, I will carry and let you know.

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    If you're in Arapahoe County, you can contact Captain Brice Moomaw and he can clarify the issue for you. If you're in a different county, find out from your Sheriff who the top cop for CCW and Open Carry is for you. They should be able to define it.

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    Just get your concealed permit. It will give you all the options you need.

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    Colorado Luckydog wrote:
    Just get your concealed permit. It will give you all the options you need.
    I'm 18.

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    hansolo wrote:
    Colorado Luckydog wrote:
    Just get your concealed permit. It will give you all the options you need.
    I'm 18.
    Does CO honor permits from other states, like Maine? I know several people under 21 who have gotten Maine permits in order to be able to conceal in Utah.

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    swillden wrote:
    hansolo wrote:
    Colorado Luckydog wrote:
    Just get your concealed permit. It will give you all the options you need.
    I'm 18.
    Does CO honor permits from other states, like Maine? I know several people under 21 who have gotten Maine permits in order to be able to conceal in Utah.
    Colorado doesn't honor Maine's permits.....in addition CO doesn't honor ANY non-resident permits.
    One day your life is going to flash before your eyes, make it worth watching.

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    ^+1 bad bad Colorado. So mean. No honoring others. But I kinda understand that.

    Someone can use a fake ID, get a permit say in Florida, then want to carry in Colorado.

    But still..

    Sheesh. If you can go into the military at 17 (as I did) and be trained and allowed to kill, you have the right to vote (at 18), you should have the right to carry. Period.

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    Diocoles wrote:
    Sheesh. If you can go into the military at 17 (as I did) and be trained and allowed to kill, you have the right to vote (at 18), you should have the right to carry. Period.
    Seriously. And drink.

  17. #17
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    Go figure.

    I got out of boot camp, E2 with my stripes, dress whites, walking to a friend at a barabout 10pm at night on leave before reporting for duty.

    Had a couple of cops pick me up and give me a ride to the bar. I got served with my military ID and I was only 17.

    Gee whiz. I had a blast.

    I'm not telling about the latter part of the night with the older women... :celebrate

  18. #18
    Founder's Club Member ed's Avatar
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    PikesPeakMtnMan wrote:
    Colorado doesn't honor Maine's permits.....in addition CO doesn't honor ANY non-resident permits.
    And THAT is my problem. I am coming out to Aurora in a couple weeks. I have liek 10 permits (I collect them for fun and because it runs the numbers up in other states). I can't GET a CO permit so my only option is OC unless I don't carry at all (which I don't like), I think some of my inlaws are kinda anti (except at a range to shoot paper but OMG, not for REAL world self defense use.. thats what the poilcve are for!! blah blah blah). SO I am in a delema of what to do..

    Ed
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    RockyMtnScotsman wrote:
    I don't believe CRS defines "loaded" when it comes to handguns. But it does for long guns - that being a round in the chamber.

    It's my understanding that "legal authority" includes a valid CO CCW permit.
    No, in colorado we DO define loaded for BOTH handguns AND long guns, with a chambered round being the definition of "loaded" (as it should be) however there are laws requiring long guns (rifles/shotguns) to be unloaded in a vehicle, (loaded in magazine IS legal, but DOW (gestapo) usually frowns on ammo being around the long guns while in your vehicle. Though I cannot speak to public transportation, you may have LOADED handgun in your vehicle or on your person while in the state of Colorado. The handgun can also be concealed in your vehicle AND within easy reach, but NOT concealed on your person in your vehicle if you do not have a ccw permit. Look up the laws and read them, don't just take my word for it, even thought this IS the way the law is written.

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    hansolo wrote:

    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,
    It appears to me that this was repealed as it has the part about explosives, but above that, under subsection 1 it says repealed, and I can't find this anywhere else.

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    hansolo wrote:
    I do not have a CCW permit, so can a carry unloaded openly?
    Yes, but.....You CAN carry your weapon loaded openly too.

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    Gunslinger wrote:
    CCW holders are exempt. Loaded means loaded. No round in chamber or mag in gun is unloaded. Where you carry your ammo is not on point for the definition.
    NO, no, no, CCW holders are not "exempt" the definition of handgun in CRS 18-12-101 subsection E.5 says "loaded or unloaded" even if you don't have a permit and you oc, youcan carry your handgun loaded, (and that means round in the chamber) nothing in the chamber, but loaded mag is NOT loaded. (in colo)

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    [/quote]
    <Snip>
    The handgun can also be concealed in your vehicle AND within easy reach, but NOT concealed on your person in your vehicle if you do not have a ccw permit. Look up the laws and read them, don't just take my word for it, even thought this IS the way the law is written.[/quote]

    You're wrong here. Look up CRS 18-12-105. In Colorado your vehicle is an extension of your home. You may carry a handgun in your vehicle concealed anywhere, whether it is on your person or not, whether you have a CHL or not.

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    CJ30-06 wrote:
    Gunslinger wrote:
    CCW holders are exempt. Loaded means loaded. No round in chamber or mag in gun is unloaded. Where you carry your ammo is not on point for the definition.
    NO, no, no, CCW holders are not "exempt" the definition of handgun in CRS 18-12-101 subsection E.5 says "loaded or unloaded" even if you don't have a permit and you oc, youcan carry your handgun loaded, (and that means round in the chamber) nothing in the chamber, but loaded mag is NOT loaded. (in colo)
    CJ30-06, you cannot carry a firearm with one in the chamber and no mag in or on public transportation. That is still loaded. You can carry fully loaded most everywhere else in the state.

    Permit holders are exempt from 18-9-118, and can carry fully loaded, openly or concealed, in or on public transportation.

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    CJ30-06 wrote:
    hansolo wrote:
    I do not have a CCW permit, so can a carry unloaded openly?
    Yes, but.....You CAN carry your weapon loaded openly too.
    No, I definitely cannot carry loaded in or on public transportation. You are confusing this with most everywhere else in the State, wherein you can openly carry a loaded firearm.

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